Author Archives: Sean Smallwood
How to Set Aside A Prenuptial Agreement In Florida
As Orlando FL divorce attorneys, we very regularly hear our clients tell us that they wish they had gotten a prenup before they got married. However, a prenup does not always mean that their assets would have been protected. This is because prenuptial agreements in Florida have very specific rules that must be followed… Read More »
How To Make Sure Your Divorce Goes Uncontested
I have been a divorce attorney for a long time now and in all my years I have witnessed just about every type of argument or allegations that you can possibly imagine. I have heard people accuse their spouse of being alcoholic, violent, having anger management issues, allegations of molesting the kids, and even… Read More »
How To Modify A Child Custody Parenting Plan In Florida
One of the most common types of cases that people contact our office regarding is that of modifying a parenting plan. The parenting plan is a court-ordered document that spells out all aspects of a child custody arrangement including timesharing, parental responsibility, access to school and medical records for the child, holiday schedules, school… Read More »
The Three Most Common Mistakes Made in Divorce Separations
One of the most difficult parts of the divorce process in Florida is the actual separation. The process of transitioning from a single-family unit with one set of bills, bank accounts, and routines to separate households can be downright traumatic. What can make matters even worse is when the parties to the divorce were living… Read More »
How The Coronavirus COVID-19 Outbreak Affect Child Custody Arrangements?
Amid the recent outbreak of coronavirus in the United States several states have issued mandatory stay at home orders and some are calling for the mandatory shutdown of any non-life saving businesses in order to slow down the spread of the virus. One big concern that is not yet receiving much attention in the… Read More »
Should I Wait Until After the Coronavirus Outbreak to File For Divorce?
At this moment pretty much everybody on planet Earth is well aware of the coronavirus also known as COVID 19 and the effects that it is having on the world and the world’s economies. With millions of people suddenly out of work due to the massive shutdowns of certain industries many people are wondering… Read More »
What To Do If The Lawyers Are The Only Ones Fighting
In this video, I answer the question “what should I do if the divorce lawyers are the only ones fighting in my case?” This is actually more common than you may think. It’s a situation where you and your spouse may be getting along pretty well and are possibly agreeing on many of… Read More »
Should I Get Divorced?
In this video, I’m going to speak for a few moments regarding a serious topic that very few, if any, divorce attorneys are actually taking the time to discuss with their clients. That is whether or not the person sitting in their office is sure that they should even be getting divorced in… Read More »
How to Hold Someone in Contempt of a Divorce Agreement in Florida
After the dust settles from an initial divorce action the parties will have a final judgment that operates as a court order dictating the details of the resolution of their case. In some cases, that is where the really difficult work begins This is because usually one of the parties is not happy with… Read More »
How to Deal With Parental Alienation in Divorce
If You Are Faced With Parental Alienation, Here is What You Need to Know One very common and very sad fact about the dissolution of marriage process that divorce attorneys in Orlando Florida are forced to deal with is when a divorce involves conduct by one of the parents that amount to parental alienation…. Read More »
Advice to Give To A Friend Going Through Divorce
What Advice Should I Give to A Friend Who Is Going Through A Divorce? In my experience when most people are facing a divorce they are in a place where they have been bottling up different feelings and emotions for months or even years. When things reach a boiling point, one natural reaction for… Read More »
Should I Wait Until After Christmas to File for Divorce
Why Would It Be A Good Idea To Wait Until After Christmas To File For Divorce? As we get closer to Christmas, we always see a steep decline in the numbers of people who are filing for divorce. This will usually be followed each year by a sharp increase in divorce filings after the… Read More »
Does It Matter If I Am The First One To File For Divorce?
Can You Get A Better Result By Filing For Divorce Before Your Spouse? One of the most common questions that we receive at our Orlando divorce law firm is whether or not it makes any difference who the first person is to file for divorce and whether it would help them get a better… Read More »
Uncontested Divorce in Florida: When Is It the Right Option?
When you hear the word “divorce,” what do you imagine in your head? Is it two soon-to-be-former spouses yelling at each other in court, their children crying, and indifferent judges banging the gavel against a wooden table? Well, it does not have to be this way. More often than not, divorces in Orlando and… Read More »
Legal Requirements to Get Fathers’ Rights in Florida
Each parent believes that they are the best parent for their child and that they should have primary custody of their child after a divorce. Many fathers are not aware of the requirements to get the fathers’ rights in Florida courts. In Florida, family courts are legally required to make a decision based on… Read More »
Does Domestic Violence Affect a Divorce Settlement in Florida?
Domestic violence can directly or indirectly impact certain aspects of a divorce settlement such as child custody, alimony, and even property division. Each year, more than 100,000 cases of domestic violence (DV) are reported to authorities in Orlando and other parts of Florida. However, the real number of incidences of domestic violence in the… Read More »
Baby Prenups in Florida: What is it and Do You Need One?
An increasing number of parents-to-be in Florida are signing the so-called “baby prenups,” but many expectant parents are unfamiliar with the phenomenon of signing parenting contracts. Many expectant parents praise the idea of signing “baby prenups,” while others consider it a bad idea. After all, these parenting contracts remind couples that their marriage may… Read More »
How Do Hurricanes Impact Florida Parenting Plans and Custody Agreements?
As Hurricane Dorian is inching closer to South Florida, and millions of Floridians are stocking up on supplies to be prepared for the landfall, divorced parents are facing a conundrum. “How do hurricanes and other acts of God impact my custody agreement and parenting plan?” is a question on almost every divorced parent’s mind… Read More »
Can I Set Aside a Divorce Settlement Agreement?
Is It Possible To Set Aside a Divorce Settlement Agreement? As a divorce attorney in Orlando Florida, I have seen a lot of situations where people have come into our office for a consultation expressing concern regarding an agreement to settle their divorce that they entered into and now are realizing that there are… Read More »
Do You Have to Keep Paying Child Support if Your Child Moves Out of the Other Parent’s House?
In Florida, the duration and amount of child support payments depend on various factors, including parental income and who the children live with. These and other factors can change over time, which may entitle the payor (the parent paying child support) to modify the existing order. For example, let’s say a father pays the… Read More »
Use of The Psychological Evaluation In Divorce
The Psychological Evaluation Is a Powerful Tool in Divorce if Used Wisely Very often in divorce litigation, it becomes necessary to conduct a psychological evaluation of one of the parties to the divorce. This is especially important in cases involving child custody disputes where the psychological condition of one of the parents is called… Read More »
Calculating Florida Alimony: 5 Things to Know When Determining Spousal Support
Determining alimony, also known as spousal support, can be tough if you are trying to do it on your own without seeking the help of an Orlando alimony lawyer. After a divorce in Florida, you may feel overwhelmed by multiple questions such as, “Will alimony be awarded in my case?” “How long will I… Read More »
Are Florida Courts Biased Against Fathers When Awarding Child Custody?
If you are a father who has already filed for divorce or are considering making this life-altering decision, you are probably worried that a Florida court would prefer the mother of your child when awarding child custody. Is your fear baseless or not? Are Florida courts biased against fathers when giving custody? That is… Read More »
A New Study Reveals the Top 4 Reasons for Divorce in the U.S.
Every marriage has its ups and downs. How well married partners manage these ups and downs determines the strength of their marriage and the likelihood of divorce. But when there are more “downs” than “ups,” a divorce becomes a very likely option. Fact: In 2017, the divorce rate in Florida was 3.6 per thousand… Read More »
The Right Time to Contact a Divorce Lawyer Is Now, Not on Divorce Monday
The Internet will tell you that revenge is a dish best served cold, but plotting for months or years to divorce your spouse under the circumstances most unfavorable to them is a bad idea. If you are planning to get a divorce, but you have questions you need to be answered before you file… Read More »
Can You Stop Paying Alimony If Your Ex Moves in With a New Partner?
One of the kinder things that has been said about Florida alimony laws is that they are old-fashioned. Some of the alimony laws still on the books come from a time when women had very limited earning potential and when men were almost always the only source of financial support for their wives and… Read More »
There Are Apps for Everything, Even Divorce
Your phone is probably full of apps of varying degrees of usefulness. There are apps to track your spending, exercise, and food consumption. There are apps to make you and the other people in your pictures look more beautiful or uglier. There are apps to let you identify songs you hear playing on the… Read More »
Yes, You Can Get Your Alimony Obligations Reduced Retroactively
In an era when most Americans, even the wealthiest ones, are in debt, one of the few things more depressing than thinking about your credit card debt is thinking about your alimony obligations. While it is possible to negotiate with many creditors, spousal support obligations are much harder to get out of. The court… Read More »
The Debate Over Permanent Alimony In Florida
Yes, Florida still has permanent alimony as of 2019. Yes, bills appear in Florida’s legislature at least once per year as lawmakers attempt to change alimony laws. Alimony, especially alimony that theoretically continues for the rest of a person’s life, is a sore subject among divorced and unhappily married people. Despite the attention it… Read More »
Don’t Lose Your Pet In A Divorce: Get a Prenup
You might have heard that the term “equitable” in “equitable distribution” means “fair,” but that does not make it hurt any less when the court orders you to sell off property that you had hoped to keep after your divorce, or, worse, to award an asset to your ex when you know in your… Read More »
