Advantage Attorney
Divorce Hurts Retirement Wealth, but Not for Single Women
David W. Veliz
Advantage Attorney
How to Protect Yourself Financially During a Divorce or Separation
Divorce isn’t something couples usually plan ahead of time. They can be costly and range from 10,000 to 15,000 dollars on average. Don’t let costs hinder you from getting a divorce if you are unhappy. Here are some tips to consider when you are in the process of a divorce. Conduct extensive research on your state’s divorce laws. Each state has their own set of laws when it comes to divorce. Debt and assets can vary from date separation or until the divorce is actually finalized depending on the state laws. Some states can also offer legal separation which is similar to a divorce, but the couple is still legally married. They can file taxes and stay on each other’s health insurance with a legal separation. Protect your credit and finances. One of the biggest and most important things that you must protect during a divorce is your credit and finances.This includes creating new car insurance policies, ensuring that rental and homeowner insurance is under your name, close joint bank accounts, and request credit reports and look to see what accounts need to be updated. These are all important things to watch out for when going through a divorce. To read more tips on How to Protect Yourself Financially During a Divorce or Separation check out this article by Samantha Stauf here by Wise Bread.
David W. Veliz
Advantage Attorney
Tips for Keeping Kids’ Needs at The Forefront During a Divorce
One of the hardest things of a divorce is figuring out how to put your kids’ needs first. Divorce can have a long lasting impact on kids (Young, 2017). Here are some tips that parents can take to help kids transition smoothly during a divorce. 1. Hold off the negativity When parents are in the process of getting a divorce negativity at some point is bound to happen. Try to avoid speaking negatively about your soon-to-be ex spouse in front of your child. 2. Be sensitive to your kids’ needs It’s important to be sensitive to your kids’ needs. Your children may not be ready to understand the circumstance or concept of a divorce. Be sensitive in a way that they can comprehend. 3. Provide reassurance Always show that you and your spouse will still always love your child despite, being in the process of a divorce. Children need that reassurance that you both still love them. To read more tips on how to keep your kids’ needs at the forefront during a divorce check out this article by Sarah Young from Consumer Affairs.
David W. Veliz
Advantage Attorney
Wills & Living Wills
Wills are important to have especially in terms of property and should always be up-to-date in case of an emergency. Writing a will is a vital step in estate planning because it outlines how you want your property to be distributed after you pass away. If there is no will your property will be left to the court in deciding who will receive your property. When it comes to writing a will some rules to consider is that you must be at least 18 years old, in sound judgment, and the document must clearly state that it is your will. You must also have an executor or the person that will oversee if your property is distributed to your wishes and must be signed in front of two witnesses in order for it to be valid. Notarizing can also be beneficial since it acts as a safeguard against any claims that might question its validity. Having a lawyer to provide legal advice is quite useful when writing up a will. There may be cases where state laws might conflict with your wishes and having a lawyer by your side can be quite useful at times where you might have to adjust your will. To read more about the process of wills and living wills check out this article published Julie Davis from HealthDay News
David W. Veliz
Advantage Attorney
Don’t Let Divorce Ruin Your Finances
Don’t Let Divorce Ruin Your Finances Divorce can be costly, especially to one’s finances. Some tips to help protect those finances for future use include: ● Taking charge of your cash flows ● Look into adjusting beneficiary designations ● Finding ways lower your costs Taking Charge of Your Cash Flows Knowing where your money is inputted and outputted is key. Expenses will change after a divorce. House payments, car insurance, health insurance if you are under your spouse’s health coverage, and many other expenses might or will change. Knowing where your cash flows, provides you a better understanding of how much you might be spending after a divorce. Look Into Adjusting Beneficiary Designations Beneficiary designations are also important factors to consider. Make sure if you have a will that they are up to date, doing so will prevent assets going towards a previous spouse. Yearly audits are also done to provide insight of where your finances are going. Looking at Ways to Lower Your Costs Knowing where your money goes can help you discover new ways to lower down your costs. Some examples of how people can lower their costs is downsizing their homes or moving into smaller apartments. However, there are also ways where you can potentially earn more income like renting out extra space for a bed and breakfast service or renting out a room. For more information read the full article here by Arielle O’Shea from NerdWallet.
David W. Veliz
Advantage Attorney
Quick Guide to Living Trusts, Wills, and Power of Attorney & how They Benefit Your Future Finances
Economic Freedom Investments Retirement When someone dies with or without a will, their estate must pass through probate, a public court-supervised process of asset distribution to beneficiaries and heirs. The ability to skip probate stands out as the major benefit of establishing a trust. If the deceased party had established a trust before death, asset distribution skips probate. Beneficiaries must pay income taxes on inheritance distributed from a living trust for the fiscal year it is received. Estate planning begins with choosing the appropriate asset management tool. You’ll need to choose between the following tools to manage and protect your future finances: Revocable Living Trust Irrevocable Living Trust Will Power of Attorney Each has positive and negative aspects, and proper asset protection may require a combination of tools. Learn About Revocable and Irrevocable Living Trust Trusts are private contracts between a “truthmaker” and a trusted entity. You may establish either an irrevocable or a revocable trust. In an irrevocable trust, the creating party turns over property and asset ownership to the trust permanently. The party cannot amend or revoke this trust agreement once created. Why choose such an ironclad tool? Once a party places the property in an irrevocable trust, the trust owns it. Those who work in risky careers that could spawn lawsuits have protected their properties by placing them in trust. Creditors can’t touch properties in an irrevocable trust since the trust, not the sued individual, owns the property. The property remains protected for the party’s heirs. It also reduces your estate tax bill. Property placed in this type of trust doesn’t contribute to the party’s gross estate value. Assets placed in an irrevocable trust don’t count toward your assets when qualifying for Medicaid or Supplemental Security Income. Designed properly, it can also protect assets for a special needs child while ensuring they can qualify for government benefits.In a revocable trust, the creating party places property and assets in trust but can reclaim them at any time. As long as the creating party remains mentally competent, they can amend the terms. It doesn’t protect the trust assets from a lawsuit or estate taxes, and they may count when calculating assets for government benefits qualification. The person creating the trust usually serves as its trustee and manages its assets. A successor trustee manages assets after the trust’s creator dies. The successor settles the estate, distributing its assets to its named beneficiaries. At the time of the death of the trust’s creator, it becomes irrevocable. The main advantage of this type is probate avoidance. Preparation for the possibility of mental incapacitation denotes another important advantage. It allows the creating party to establish criteria for certification of mental incompetence or a comprehensive disability plan. When incapacitation or disability occurs, the successor trustee takes over as the trust’s manager. You may include a power of attorney that allows the successor trustee to manage your affairs and your specific healthcare needs and decisions. Information on Creating Wills Although attorneys call a last will and testament “the most basic” estate planning tool, it holds many advantages over trusts. For instance, unmarried couples and same-sex couples can use a will to grant rights, property, and assets to their partner. A will provides the flexibility that trusts do not. Examples of matters one can specify in a will include: Funeral Arrangements Child rearing requirements Name a guardian for minor children Pet Care A will becomes public record when submitted to the probate court. The estate itself incurs estate taxes and the beneficiaries must pay income taxes and inheritance taxes. Creating a will and power of attorney lets you manage property distribution and personal needs. Determining the Right Tool to Use A combination of tools best serves all needs. While a trust can administer property, a will covers omitted property and personal needs, such as the care of children and pets after death. Protect your future finances with legal tools that allow easy distribution of property. Talk to an attorney to determine the right type of trust. Charitable lead trusts Charitable remainder trusts Irrevocable life insurance trusts Grantor retained annuity trusts Qualified personal residence trusts Spousal lifetime access trusts Testamentary trusts
David W. Veliz
Advantage Attorney
New Florida Law Prohibits Child Marriage
Before the passing of a new bill, Floridians could get married at the age of just 16. Now, the Florida Senate passed a unanimous bill no longer allowing anyone under 18 to get married legally in the state of Florida. This bill, known as SB140, will also make issuing a marriage license to anyone under 18 a misdemeanor. This bill is sponsored by Lizbeth Benacquisto, a Florida senator from Ft. Myers who claims marriage has been used as a loophole allowing for the sexual abuse of children. These child marriages happen nationwide, despite the U.S. Department of Health arguing they are an abuse of human rights. SB140 attempted to create no exceptions when it came to marriage licenses for Floridians under 18 years old. A recent amendment by Heather Fitzenhagen is currently fighting for an exception in which minors of 16 or 17 years in age can be married in cases of pregnancy if their partners are within two years older than them. Media spotlight turned to Florida last year as Sherry Johnson’s story was under investigation. Johnson was forced into marrying her abuser at just 11 years old. This story, and others like it, have led state leaders to fight for the protection of children in these situations. The Florida Senate is currently torn on the current exception amendment allowing for marriage in these cases of teen pregnancy. While senators such as Benacquisto understand the importance of protecting minors from abuse, others feel the need to account for real-life situations like teen pregnancy. There have reportedly been more than 1800 marriage licenses issued for minors between 2012 and 2016 in the state of Florida. For more information, read the full report by Allison Neilson from Sunshine State News.
David W. Veliz
Advantage Attorney
Factors a Court Considers on Whether to Award Alimony
In determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance. If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)-(8), the court shall consider all relevant factors, including, but not limited to: (a) The standard of living established during the marriage. (b) The duration of the marriage. (c) The age and the physical and emotional condition of each party. (d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each. (e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment. (f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party. (g) The responsibilities each party will have with regard to any minor children they have in common. (h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment. (i) All sources of income available to either party, including income available to either party through investments of any asset held by that party. (j) Any other factor necessary to do equity and justice between the parties.
David W. Veliz
Advantage Attorney
How to Protect Your Parental Rights During a Divorce
A divorce or separation between parents can be difficult for everyone involved. After being separated from his wife for over a year, a heartbroken father struggled to protect his rights as a parent. His knew he needed to pursue legal action to ensure both he and his ex wife had shared parental rights that benefited them both. The legal system surrounding divorce can be difficult to navigate. In this case, the father independently filing the proper paperwork was proving to be challenging, and he feared his case wasn’t receiving the attention it deserved. Luckily, Veliz Katz Law listened to his story and walked him through the entire process. The process only took a few months, and finally this father was able to get the results he needed to continue on with his life. If you find yourself in a difficult divorce, there are steps you can take to protect your parental rights. The most important thing you can do is speak to a divorce attorney about your options after a divorce. Create an Emotional Support System Divorces are not easy. While it might seem selfish to focus on yourself at a trying time like this, you need to make sure you have a solid emotional support system in place. This might be the first time you’ve been single in years or even decades. Take the time to reflect on what you want from life, and how you wish to proceed with your legal rights. Remember your children need you now more than ever, so set a positive example for them in this time by taking good care of yourself. Talk to Your Children While you might feel a whirlwind of emotion after a divorce, your children are likely confused how to feel. It is important to communicate openly with your children. Explain the situation to them in terms they can easily understand. Avoid victimizing yourself or placing blame on the other parent. Statistics show that children who come from divorced households are more likely to face poor academic performance and difficulties in relationships. Allow your children to vocalize their concerns, and include them in the decision process. It can be tempting to try to keep your child as close to you as possible, but remember they will not benefit from fights over child care and finances. Ultimately, it is up to you as a parent to assure your children your separation from their other parent has nothing to do with them or anything they did. Consider Your Child’s Best Interest What you think is best for your child, and what actually is the best for them might not be the same thing. It can help in these instances to distance yourself from the situation to view it without judgement. Routine is important for children, so try to keep things reasonable similar after a divorce. Will your child need to switch schools in the case of one parent’s custody? Will your child spend holidays with both parents or with one? These are things you need to think about in advance with your child’s best interest in mind. Be Open to Negotiation Unfortunately, negotiations are a necessary part of any divorce. You need to be ready and open to negotiating with your ex in the case of legal action. Working with a divorce attorney is the best way to prepare yourself for negotiations. You should be prepared to agree on a plan which benefits both parents and the children. In the case of the father struggling for custody after a divorce, it wasn’t until he worked with Veliz Katz Law that he was able to create a plan that worked for him and his ex. Keep in mind that things won’t be perfect after a divorce settlement has been reached. Things will change as your children’s needs change, and you might need to continue working with an attorney throughout the entire divorce process to ensure a smooth transition. Speak to an Attorney It is important to consult an experienced divorce attorney to assist with any and all legal counsel. An attorney can help you create a plan that works for both parents, and provide the necessary resources to effectively negotiate an agreement. Veliz Katz Law has over 25 years of experience with family law, and they understand the importance of finding a solution that works for everyone in the family. Speak to a qualified attorney today to schedule a free consultation.
David W. Veliz
Advantage Attorney
Questions to Ask Your Divorce Lawyer
Several factors will affect the outcome of your divorce. Legal advice is among the most critical. Think of your divorce attorney as your advocate, your trusted advisor, your negotiator and your guide through the divorce process. You are hiring an attorney to lead you through a life-changing event, and it is important that you feel comfortable with your choice. Before hiring a lawyer, take some time to talk in person or over the phone. This is your opportunity to assess the quality of the divorce attorney’s legal advice, as well as the attorney’s experience, approach and cost Background & Experience Questions to ask about an attorney’s experience and education include: How much experience do you have handling divorces? Where did you go to college and law school? When did you graduate? Have you previously handled cases similar to mine? Do you handle child custody cases (if applicable)? Do you have any other specialized experience that’s relevant to my case? Case Assessment Questions to ask about the lawyer’s assessment of your case include: How would you evaluate my case? Realistically, what kind of settlement can I expect? What potential problems or obstacles do you see that could cause delays or affect the outcome of my case? Do you think we will have to go to trial? How long will it take to complete my divorce? Case Management & Fees Additionally questions to ask about how your case will be managed and how much it will cost include: Do you have the time to handle my case? What other lawyers or experts will be working on my case and what work will they be doing? How much do you charge, how frequently will you bill me and when will payment be due? What other kinds of fees, costs and expenses will I have to pay? Can you give me an approximate estimate of the total cost of the divorce? Are there less experienced attorneys or paralegals who can perform some of the work at a lower price? If you are unable to afford to hire the attorney, does the attorney work with any groups that offer legal aid for divorce clients? What kind of progress reports will you provide? Will you personally handle my divorce negotiations? Will you be my day-to-day contact or will I mainly be working with another attorney on your staff? What is the best way to contact you, and how quickly should I expect to receive a response? Legal Philosophy & Style of Offering Divorce Legal Advice Questions to ask about an attorney’s style of lawyering include: What is your overall philosophy or style when handling divorce work? Are you more likely to tell me what to do, or offer options and expect me to make a decision? How would you describe your personality as a lawyer? Wrapping Up Before leaving the initial consultation, take the time to ask the lawyer if there are any questions you’ve neglected to ask, or anything else the attorney wants to tell you. Is there anything else you should know before deciding whether to hire him or her? Ultimately the decision to hire a divorce attorney is a personal one. You want to trust your divorce attorney, feel comfortable taking your divorce attorney’s legal advice and agree with the attorney’s philosophy and style.
David W. Veliz