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When it comes to probate, there are a lot of misconceptions floating around. Probate can be a confusing and overwhelming process, so it’s no wonder that there are so many myths about it. Whether you are creating an estate plan or were appointed to serve as the personal representative of someone else’s estate, you need to understand how the probate process works. Our  probate attorneys  at Veliz Katz Law can clear up some of the most common misconceptions about probate to ensure that you can separate fact from fiction. From their office in Maitland, Florida, David W. Veliz and Norberto S. Katz serve clients throughout Central Florida, including Winter Park, Maitland, Orlando and Kissimmee. Top Eight Misconceptions About Probate Let’s dispel some of the most common misconceptions about probate: If I leave behind a will, my estate won’t go through probate . This is one of the most common misconceptions about probate. Many people believe that if they have a will in place, their estate will automatically bypass probate court. However, this is not always the case. Even if you have a will, your estate may still need to go through probate if the value of your assets exceeds a certain amount. Probate means that the state gets all my assets . Another common misconception about probate is that the state will automatically take all of your assets once you die. This is simply not true. Probate is the legal process of distributing your assets after you die. Probate does not automatically mean that the state will take all of your assets, even if you die without a will in place. If you do not leave behind a will, your assets will be distributed to heirs according to your state’s laws of intestate succession. It is not possible to avoid or minimize probate . The reality is that there are ways to avoid or minimize probate. For example, you can use a revocable living trust to transfer property outside of probate. You can also set up beneficiary designations on your accounts, and they will pass directly to your named beneficiaries without going through probate. There are other methods, such as gifting assets during life and transferring real estate ownership in joint tenancy with the right of survivorship.  Estate planning attorneys  can help you identify which strategies might be best for your individual situation. The probate process will take years to finalize . Many people believe the probate process is always long and drawn out, but this is usually not the case. The majority of probate cases are resolved within six to twelve months. In some cases, the process may take longer if there is a dispute over the estate or if the estate is complex. However, in most cases, the process does not take years to finalize. All of your assets must go through probate when you pass away . That isn’t necessarily true. Some types of assets are exempt from the probate process entirely because they don’t need court involvement for transfer upon death (e.g., retirement accounts with designated beneficiaries). Assets held in joint tenancy with the right of survivorship automatically pass to the surviving owner(s) without going through probate as well. Estate taxes will eat up all the inheritance I leave for my family . Yes, when someone dies, their estate could be subject to estate taxes under federal law. However, most estates are too small to be subject to federal estate taxes. According to the Internal Revenue Service (IRS), federal estate tax applies if the deceased individual’s assets are worth $12.92 million or more. Probate is a routine and simple process . Probate is not always quick and easy. It depends on the complexity of the estate and whether there are any disputes among beneficiaries or creditors. The more complicated an estate, the longer the process may take. It’s important to note that some states have simplified procedures for small estates, but even then, it’s still necessary to prepare documents, go to court hearings (in some states), pay fees and taxes, transfer property titles, etc., which all take time and effort. I don’t need an attorney to go through the probate process . It’s true that you are not required to have an attorney to go through the probate process. However, it’s highly recommended that you hire an attorney. An experienced probate attorney can help you navigate the legal complexities of probate and ensure that everything is done correctly and in a timely manner. Probate can be a confusing and overwhelming process, but it’s essential to separate fact from fiction when it comes to this legal process. Ultimately, talking with an experienced attorney who specializes in estate planning law will help determine what steps need to be taken in order for heirs or beneficiaries to receive their inheritances quickly and efficiently upon one’s passing away. Veliz Katz Law Can Help With careful planning, much of the confusion surrounding probate can be avoided altogether – leaving more time for family members and friends to grieve without having to worry about legal complexities involving one’s final wishes after his/her death. Learn more about the probate process during a free consultation with our attorneys at Veliz Katz Law. Contact our office today for a free case review.

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Contrary to what most people believe, pre-nuptial agreements are not solely for wealthy, high-net-worth individuals. Prenuptial agreements are highly useful legal documents for people from all walks of life. Therefore, knowing how they work and their benefits for Florida residents is important. At Veliz Katz Law, Attorneys Veliz and Katz are prepared to guide you through the process of drafting and finalizing a prenuptial agreement in Orlando, Florida, and neighboring areas (throughout Central Florida, including Kissimmee, Winter Park, and Maitland).  Reach out today for guidance. What Is a Pre-Nuptial Agreement in Florida? A pre-nuptial agreement or prenup is a legal document in which spouses agree on the terms and conditions of specific aspects of their marriage. Prenups generally focus on financial and legal terms though a number of other things may be included. Overall, folks use prenups to protect assets acquired before a marriage. Prenups can also manage assets acquired during the marriage, specifically determining what can happen to these assets in case of death or divorce. Please note that a marital agreement is not  only  intended for wealthy individuals. Any person, regardless of their net worth, can use a marital agreement to protect their assets and income and avoid taking on their spouse’s liabilities. What Does a Pre-Nuptial Agreement Cover? Here is a look at what a pre-nuptial agreement covers in Florida: Identification of the marital property.  This situation includes determining which assets belong to the marital property and which ones were acquired before the marriage. Separation of the marital property.  This aspect covers determining which assets are part of the marital property and which ones can be considered non-marital property. For instance, purchasing a family home (even if it is registered to only one of the spouses) is considered marital property. In contrast, an inheritance or gift would not constitute non-marital property. Determining and allocating liabilities.  Like assets, debts can also be separated and allocated based on individual circumstances. For example, a mortgage on a family home would be a marital liability. However, individual credit card debts can be separated to avoid affecting the other spouse’s financial record. Spousal support.  Spousal support or  alimony  is a common inclusion in a pre-nuptial agreement. The prenup can stipulate specific conditions regarding alimony in case of divorce. Children from a previous marriage. A prenup may consider special provisions regarding inheritances to children from a previous marriage. These provisions may also exclude children from previous marriages from receiving any share of property. Family property . A prenup can specifically determine the family property that must remain within one of the spouse’s family. For example, a prenup can state that family heirlooms must remain within the family following separation or divorce. Please note that some items  cannot  be included in a prenup. Child custody.  Child custody agreements cannot be included in a prenup. Child custody matters must be resolved with the court’s consent. Child support.  Similarly, a prenup cannot include child support payments. The court must ultimately assign this figure following a divorce filing. Routine or daily life.  Prenups should not include routine aspects such as who does which household chores. These types of agreements are not enforceable and can lead a marital agreement to seem less serious. Nevertheless, it is possible to regulate these activities in a separate, private agreement. On the whole, please remember that prenups are meant to protect assets in case of separation or divorce. Therefore, it is important to ensure these aspects are reflected throughout the document. Who Should Get a Pre-Nuptial Agreement? In short, anyone who wishes to protect their assets should get a prenup. While some people may feel that a prenup is not romantic and implies that the relationship will end in divorce, it is always best to play it safe. Also, a prenup allows both spouses to feel more comfortable and secure about their financial position, as well as open the communication for the couple, particularly when entering a second or third marriage. Why Is a Pre-Nuptial Agreement Important in Florida? Here are three compelling reasons why a pre-nuptial agreement is important in Florida: A prenup helps set clear boundaries.  This approach makes settling disputes much easier in the long run, especially when looking to determine “who owns what.” Getting a prenup allows the spouses to discuss what is important to each other . In doing so, the spouses can take proactive steps to protect the assets that truly matter to them. A marital agreement helps protect the spouses should anything change in the future.  By having a prenup, the spouses can take the guesswork out of dealing with any unforeseen situations. Enforceability of a Pre-Nuptial Agreement Above all, a solid prenup should be enforceable. In other words, the agreements and conditions must be clear and easy for a court to uphold. Vague provisions may cause the court to request amendments or dismiss the filing. Talking to a professional  family law attorney will help determine which aspects are enforceable, making the prenup as good as it can be. Getting the Right Legal Counsel in Florida The  attorneys at Veliz Katz Law  work with their clients to protect what truly matters to them. They strive to give clients the best legal advice possible in Orlando, Florida, and neighboring areas in Central Florida. Call today to speak with a professional Family Law Attorney in Orlando. Your actions now can save you thousands of headaches and costs down the road.

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According to 2020 National Census data, 47.2% of children are born to unwed mothers in the state of Florida. This can make it complicated when trying to decide child custody when you’ve never been married to the other parent. There are a number of issues unwed parents may face when splitting up or navigating their co-parenting roles, and it’s essential you understand how state laws will affect how child support or parenting time is determined. If you’re concerned about your rights as a parent in a situation like this, reach out to Veliz Katz Law to speak with a  family law attorney. Located in Orlando, Florida, David W. Veliz and his team can represent clients throughout Central Florida, including Kissimmee, Winter Park, and Maitland. Custody of Child Born to an Unwed Mother Each state sets their own laws on the legal status of a child born to an unwed mother. In Florida, the mother is considered the natural guardian of a child born out of wedlock and is automatically granted sole custody. This is true even if   the father is named on the birth certificate. This right of custody also means that the mother gets to decide whether or not the father will have visitation rights with the child. If the mother decides not   to grant these rights, only a court order can override this. While this may seem unfair to a father who wants to play a meaningful role in their child’s life, it’s important that you never violate state law. The best way to go about establishing paternity or seeking shared custody of a child born to an unwed mother is to work with a local child custody lawyer. Establishing Paternity Often, one of the first things you should do when seeking visitation or custody rights for your child is establishing paternity. If you’re married to the mother when the child is born, paternity is automatically assumed; however, when you’re unwed, you’ll have to take additional steps, and this can be done in one of a few ways. You and the mother may agree on paternity, in which case you can sign a “voluntary acknowledgment of paternity” in the hospital at the time of the birth. If you have not done this, either the mother or father can file a petition to the court to establish paternity, or this can be done with the aid of legal representation or the Florida Department of Child Support Services. If paternity is established, you can then pursue your parental rights for custody and visitation. Additionally, you’ll be legally responsible for providing child support if it’s deemed necessary by the courts. At the federal level, parents are also protected by the Uniform Parentage Act (UPA) which sets common standards such as testing and going through the court system to establish paternity. Issues Unwed Parents May Face If you’re in a relationship with a co-parent but are unwed, there are several issues you’ll need to decide concerning your child. One of these will be determining what school your child will attend and where it will be located. This may be decided based on what parent the child spends more time with, but you may choose to enroll them in a school that lies in the non-custodial parent’s district. You’ll also have to choose a last name for the child, whether this belongs to the mother or the father. One potentially impactful decision that has to be made is what parent will claim the child as dependent on their taxes since you won’t be filing jointly as a married couple. Claiming a dependent on your federal taxes can mean a significant tax break for one parent. In some cases, this may mean that both parents switch off from year to year to evenly distribute this benefit. If one parent marries another partner, there will also be issues to contend with about the stepparent’s role in the child’s life. In some situations, the new stepparent may wish to actually adopt their spouse’s child, which means the non-custodial parent relinquishes all rights to the child. Importantly, this kind of adoption almost always has to be consented to by both parents and only in extreme cases would a judge allow for stepparent adoption without the approval of both parents. This would generally mean that one parent has been abusive, neglectful, or absent from the child’s life. Veliz Katz Law: Skilled & Compassionate Counsel Raising children is never easy even under the best circumstances, but it can be made even more difficult if you were never legally married to the other parent. Because these issues can be so contentious and consequential, you need to have a skilled attorney working on your side to establish and ensure parental rights. If you’re in the Orlando, Florida area, call Veliz Katz Law today to schedule an appointment.

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Going through a divorce is hard enough on its own, but having to make difficult decisions about who children should live with makes it even harder. According to the Centers for Disease Control and Prevention (CDC), the divorce rate in Florida is considerably above the national average with 3 per 1,000 population compared with only 2.3 nationwide. This means even more families are having to tackle these difficult issues. If you’re going through a divorce with children—especially if they’re older—you may be asking yourself, “Can a child determine which parent they want to live with?” The answer is not always so clear-cut, and the best way to truly understand what factors are at play is by working with an experienced family law attorney who can evaluate the specifics of your situation. If you’re in the Orlando, Florida, area or anywhere throughout Central Florida, including Kissimmee, Winter Park, and Maitland, reach out to the legal team at Veliz Katz Law for any questions you have about divorce or child custody determination. Child Custody in Florida When a married couple with children divorces in Florida, they must decide how to split custody. This is broken down into two categories: parenting time and parental responsibility. Parenting time refers to the actual days and time period the child will spend with each parent, and although it’s ideal that each parent gets an equal amount of time, this can be split up however the couple or judge sees fit. One factor that could affect parenting time is where each parent lives and how this relates to the child’s educational needs. If the parents live far away from one another, it may make it hard to achieve 50/50 parenting time if it means a long drive to and from home or school. The second category of custody is called parental responsibility, and this refers to who will make major decisions on behalf of the child, such as educational, medical, religious, or legal issues. This responsibility can be shared (joint custody) or assigned to just one parent (sole custody). Importantly, even if one parent is awarded sole custody in terms of decision-making, the two parents can still split parenting time equally. Alternatively, it’s possible for one parent to have more physical time with their child but for both parents to have a joint say in major decisions. How Is Custody Determined in Florida? Ideally, custody and parenting time determination is decided by the couple. When the couple is able to reach a decision, it will be passed along to a judge who will have to approve it. If the couple cannot decide, then they must use mediation or have a judge decide. In all scenarios, the best interests of the child are the number one priority, and whenever possible, it’s preferable for the child to have regular and frequent contact with each parent. Some people falsely believe that the mother is given preference in such matters, but the truth is both parents are treated equally unless there’s a clear indication that the child would be in danger with one parent. When deciding custody matters, a judge will look at several factors, including how old the child is, the educational and health needs of the child, the ability of each parent to provide a stable home, the willingness of each parent to foster and support a relationship with the other, where each parent’s home is physically located, and in some cases, the preferences of the child. However, in this last case, there are a number of considerations to be made, and one of the most common questions divorcing parents ask is, “At what age can a child choose which parent to live with?” Child’s Preference In some instances, a judge will take into account the child’s preferences when deciding custody and visitation rights, and the major factor in this is the child’s level of maturity. Although this is somewhat predicated on how old they are, there is no official age a child must be before they can offer their opinion. Instead, a judge will look holistically at the family and the child to gauge their intelligence and their understanding of the outcomes of their decision. The judge will also ensure that the child has enough experience with each parent so they’re making an informed decision and not simply rebelling against one or the other. In some cases, a judge will allow a child to testify in court. In other cases, they’ll appoint a mental health professional to interview the child privately and then testify on their behalf as to their preferences.However, even though a judge may listen to the child and consider their preferences, this will not be the only deciding factor. In general, the older and more mature a child is, the more likely a judge will be to give their preferences weight. Turn to Veliz Katz Law If you’re going through a divorce with children and want to speak with an experienced child custody lawyer , schedule a consultation today with Veliz Katz Law in Orlando, Florida.

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Florida courts have the best interests of children in mind when reviewing and approving parenting plans. But what if your circumstances change and you need to modify a parenting plan? Are you eligible to request changes to the plan? The short answer is “ Yes.” No parenting plan is set in stone, and Florida courts recognize that the parents’ circumstances may change over time and that children’s needs also change as they age. While it is possible to change a parenting plan, doing so can be a complex process. That is why you need legal advice and guidance from an experienced attorney to help you with the modification process. The knowledgeable and results-driven attorneys at Veliz Katz Law assist individuals with family law modification issues in Orlando, Florida, and throughout Central Florida. David W. Veliz, a  family law attorney  with over 25 years of legal experience, knows what it takes to modify a parenting plan and protect the best interests of the children. From their office in Orlando, Florida, the attorneys at Veliz Katz Law also serve clients in Maitland, Kissimmee, Winter Park, and neighboring areas. Can Parenting Plans Be Modified? According to a 2022 research article by Demographic Research, shared physical custody is increasing in the United States. However, a parenting plan established after a divorce or separation may no longer work as children get older or the parents’ circumstances change. While it is possible to modify a parenting plan, you must make sure that you are eligible to request a modification. You need to understand child custody modification eligibility requirements in Florida before filing a motion to modify the existing plan. When requesting changes to a parenting plan, the parent who files the motion must describe how the circumstances have substantially changed since the date the plan was entered or last modified. The petitioner must also explain how the proposed modifications would be good for the child (children). The court will review your arguments to determine if there are grounds to approve changes to your parenting plan. Common Reasons to Change a Parenting Plan There can be many different reasons to request changes to a parenting plan. Some of the most common reasons to modify a parenting plan include: Relocation . In the context of modifying a parenting plan, relocation occurs when one or both parents move to another city, state, or country. If the move complicates the existing child custody and visitation arrangements, the parents will likely request a modification of the parenting plan. The child is in danger . As mentioned earlier, Florida courts focus on the best interests of the children when establishing or modifying parenting plans. Thus, the endangerment of the child is arguably the most compelling reason to change a parenting plan. However, there must be convincing evidence to demonstrate that not changing the plan could endanger the child. Failure/refusal to follow the terms of the plan . If one of the parties fails or refuses to follow the terms written in the parenting plan, it could be grounds for requesting a modification. However, the petitioner must show evidence proving the violation has occurred and that the violation constitutes a substantial change of circumstances. Changes in the child’s needs . As children grow up, their needs are likely to change. Thus, what worked years ago when the parenting plan was initially established may no longer work because the child’s needs have changed. Each case is unique, which is why it may be difficult to determine if your circumstances make you eligible to change a parenting plan. You can get a consultation from a skilled family law attorney to evaluate your situation and understand your options for making a modification. The Process of Modifying a Parenting Plan Now that you know what makes you eligible to change a parenting plan in Florida, let’s discuss the process of modifying the plan. If you wish to change a parenting plan, the first step is to submit a written petition to the court that entered the existing parenting plan. When filing the petition, you must also submit the following documentation: A proposed parenting plan that, in your opinion, would be in the child’s best interests; and, A written explanation of why you seek to change a parenting plan and why the proposed modification is justified. However, when modifying a parenting plan, your own testimony and statements may not be sufficient to convince the court that a modification is necessary, especially if the other parent objects to the proposed changes. For this reason, you need to build a strong case that supports your arguments and proves that modifying a parenting plan would be in the best interests of the child. Statements from credible witnesses are some of the most valuable pieces of evidence in child custody modification cases. Personalized Advocacy: Veliz Katz Law With decades of combined legal experience, family law attorneys David W. Veliz and Norberto S. Katz help clients across Central Florida modify their parenting plans and other court orders. Veliz Katz Law provides unparalleled and personalized advocacy and helps clients confront the legal issues of seeking family law modifications.  Contact Veliz Katz Law  to schedule a case review and discuss your case.

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If you have reason to believe that a loved one’s will should be contested, you may wonder about the process of challenging a will in Florida. Not everyone can contest a will, and there must be valid grounds for challenging the document. The  probate attorneys  at Veliz Katz Law help clients with contesting wills. If you are considering challenging a will, contact David W. Veliz to discuss your specific situation and find out your options for contesting a will. With an office in Orlando, Florida, Veliz Katz Law provides estate planning services to clients throughout Central Florida, including Maitland, Winter Park, and Kissimmee. Reasons a Will Can Be Challenged You cannot challenge a will simply because you do not agree with what has been written in the document. There must be valid grounds for contesting a will in Florida. If any of the following circumstances exists, a person with legal standing may have grounds to file a petition asking the probate court to throw out a will: Lack of testamentary capacity . Under Florida law, a will must be executed by an adult person who has mental capacity. In other words, if the testator was not of sound mind and judgment to understand the consequences of their actions when drafting a will, the document may be challenged on the grounds of the testator’s lack of testamentary capacity. Undue influence or duress . Another common reason for challenging a will is if there is evidence to prove that someone put pressure on the testator to coerce or manipulate them into disregarding their own wishes and following the influencer’s instructions for their own personal gain. Fraud . If there is evidence to prove that the testator was deceived into executing or modifying their will, parties with legal standing may have grounds to challenge the will. Forgery . The validity of a will can be challenged if it was fraudulently signed by someone other than the testator. Revocation . You can challenge a will if you can prove that the document had been revoked by the testator prior to their death. Improper execution . Florida law requires a will to be signed by the testator and two competent adult witnesses. A will can be challenged on the grounds of improper execution if it was not properly executed, witnessed, or signed. If you believe that you have grounds to contest a will, consider speaking with an  experienced probate attorney  to assist you in determining whether you have legal standing to initiate the proceedings immediately. Who Can Contest a Will in Florida? Under Florida law, you must have legal standing to be able to contest a will. Anyone who falls into the category of an “interested person” may have legal standing to challenge a will in Florida. An interested person is any person who has a reasonable expectation that they will be affected by the estate administration. In will-contest cases, interested persons may include the testator’s heirs, beneficiaries, and creditors. Before considering your petition, the probate court will determine whether you have legal standing to challenge the will. Time Limit to Contest a Will In addition to determining whether you have legal standing and grounds to contest the will, you must also be aware of the time limitations for filing a petition. In other words, you must bring a petition to challenge a will within a certain time frame. Otherwise, you will be barred from contesting a will. Under Florida law, you only have three months – 90 days – to contest a will. The clock starts ticking on the date you are served with a notice of administration. Because there is limited time to challenge a will and the process is complex, you may need the assistance of a skilled attorney to navigate the will contest process more effectively. The Process of Contesting a Will A will contest is not a separate lawsuit. If you wish to challenge a will, you will need to initiate an adversary proceeding within the existing probate case. In order to contest a will in Florida, you need to file a petition with the probate court. In the petition, you need to explain why the probate court should throw out the will. Keep in mind that you have limited time to contest a will in Florida. If you believe that there are grounds to challenge a will, you must file a petition with the probate court within 90 days after receiving the notice of administration. However, challenging someone’s will can be a costly endeavor. A typical will contest case can cost anywhere from $10,000 to $50,000, according to Consumer Reports. That is why you need to weigh the pros and cons of challenging a will before you get the ball rolling. Get Trusted Legal Action Today David W. Veliz is a probate attorney who helps clients understand whether they have grounds to challenge a will and, if so, how to begin the process. Get legal advice today to discuss your reasons for wanting to contest a will. Veliz Katz Law handles will contest cases in Orlando and throughout Central Florida. Schedule a case evaluation today to learn about your options.

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If you have children and you’ve gone through a divorce, you may have a child support arrangement already in place. This kind of support is typically paid by the non-custodial parent to the custodial parent to help with the expenses of raising a child. Just because an order is in place, though, doesn’t necessarily mean it accurately reflects what each parent is able to provide  or  that the judgment is being followed. According to a report put out by the U.S. Census Bureau, the average custodial parent is owed around $5,519 per year in child support, but only actually receives $3,431. If you’ve encountered an issue with your child support and would like to pursue a modification, reach out to an experienced  family law attorney today. Veliz Katz Law is located in Orlando, Florida, but can help those throughout Central Florida, including Kissimmee, Winter Park, and Maitland. Reasons to Modify a Child Support Arrangement A child support arrangement should always meet the needs of the child and accurately reflect the financial means that each parent brings to the table along with their necessary life expenses. Because of this, one common reason you may seek a child support modification is when there’s been a change in the financial situation of one parent. This could mean one parent was promoted to a new job that pays a higher salary; or, conversely, they may have taken on a job that pays less. Another reason you may need to modify a support order is if there’s been a change in custody since the original order was filed. For example, if one parent had full custody of the child to begin with, but now custody is split evenly, the child support awarded to the first parent would need to change to reflect the reduced amount of time the child is spending with them. Other significant life changes could include one parent becoming disabled, one parent having another child with a new partner, the health or educational needs of the child changing, or either parent remarrying. These are all reasons the support calculation could change, although each request will be individually evaluated by a judge. Additionally, if one parent isn’t upholding their obligations to pay or feels they’re paying too much, these issues could be brought to court. Florida Guidelines for Modifying Child Support Florida law allows for modification of support orders under a few circumstances. In general, either parent can request a modification if there’s been a “substantial change in circumstances,” or if the existing order has been in place for at least three years. If the change in circumstances amounts to at least a $50 or 15% difference (whichever is greater) in the current order, then it is deemed “substantial.” Because many of these requests are made due to an increase or decrease in income, both parents will typically have to provide documentation to the court that confirms their total income and expenses. Unfortunately, some parents will intentionally remain unemployed or underemployed as a way to skirt their child support obligations, but this is a dangerous tactic. If a judge believes you’re falsely representing your employment capacity, they can impute your income. This means they’ll assign a dollar amount of what you  should  be earning based on your work history and education and then calculate payments based on this amount. How Remarriage Affects Support Many divorced parents want to know about remarriage and child support, and how one may affect the other. Getting remarried doesn’t necessarily mean your child support obligations will change, but a court may consider the new spouse’s income in some cases. If the new spouse has a considerably larger income than the parent receiving the support, a judge can include this new income source in their calculations which could mean a reduction in monthly payments. In these cases, since the new spouse would be contributing more toward the household expenses, the parent would theoretically have more money freed up to provide for their child. It’s also worth noting that if the paying parent remarries, a judge will not increase the amount the parent pays, even if the new spouse has a larger income. Additionally, if the remarried couple go on to have another child, this will likely not drastically affect the amount that’s paid or received by either parent—but this matter should be discussed with your  child support attorney. Seek Experienced Legal Guidance Co-parenting after a divorce is never easy, but with court orders in place that outline custody and child support requirements, it can make the process a little easier. However, because your lives will inevitably change as will the needs of your children, it will occasionally be necessary to seek a modification of these orders to better reflect the means of each parent. If you’d like to speak to a child support lawyer in Orlando, Florida, call David W. Veliz at Veliz Katz Law to set up a consultation.

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It is common for marriages to fail. Even couples with the best intentions discover they cannot live together. In fact, Florida has the third-highest rate of divorce in the United States at 13%. Although some couples will immediately pursue a dissolution of the marriage, others may simply begin living in separate households with separate lives. If you have been considering ending your marriage or if your spouse has, how do you decide what path to pursue? There is no single answer to this question because every marriage is different. Instead, you need to explore your options and choose what makes sense for you and your children. Family law attorney David W. Veliz can help. David W. Veliz has been guiding clients through family law legal issues in Orlando and throughout Central Florida, including Kissimmee, Winter Park, and Maitland, for more than 25 years. If you need to understand the differences between divorce and separation, here are a few things you should know. What Is Divorce in Florida? Divorce in Florida is the legal process by which a couple dissolves a marriage. At the end of the process, they are no longer married and are free to pursue not only separate lives but to remarry as well. Florida is a no-fault divorce state which means the grounds for divorce is that the marriage is “irretrievably broken.” Adultery or other marriage misbehavior is not grounds for divorce; however, they may be considered in the court’s deliberations regarding child custody or alimony. Florida law provides for simplified or traditional dissolution of marriage. You may qualify for simplified dissolution if you share no minor children, you agree to the division of marital property and debts, neither of you are seeking alimony, and both of you agree to this expedited process in which you give up your right to a trial or appeal. In a traditional divorce, the spouse filing for dissolution is the petitioner and the other, the respondent. The respondent is served with the divorce petition and has a certain amount of time to file an answer to the petition. If both spouses can agree to marital property and debt agreements, child custody, and child support agreements, and to alimony if a spouse is seeking it, the process will take less time. If any of these issues are contested, there will be a trial, and the judge will render decisions. Naturally, a trial could take more time. What Is Legal Separation in Florida? In many states, couples can file for a legal separation instead of divorce. The process allows the court to enter orders regarding property division, child custody, child support, and spousal support. The couple will live as though divorced; however, they are still legally married and unable to marry someone else. Florida law does not provide for legal separations, only dissolutions. Although couples can forge their own agreements regarding the aforementioned issues and can live separately, they are not court orders and therefore cannot be enforced. Florida couples can separate, but there is no “legal” process accessible to do so. Divorce vs. Legal Separation in Florida As you can see, the difference between divorce and legal separation primarily involves the legal status of the marriage. On the one hand, you begin living separate lives with either path, and both have advantages and disadvantages. For example, if you do not believe in divorce, object to it on religious grounds, or worry about the stigma of being divorced, a separation may be a good option. On the other hand, those important issues such as child custody and support, divisions of assets and debts, and spousal support can only have legal authority in divorce. In fact, if you separate and then decide later to divorce, none of what you may have agreed to in separation may be approved by the court in a dissolution. Moreover, everything you do while separated is still considered marital in the eyes of the law. For example, the debt one spouse incurs is still the responsibility of the other spouse. Property acquired by one spouse while separated may still be contested by the other spouse in a divorce. If one spouse stops making child support payments to the custodial spouse as agreed, there is no legal recourse to make them pay without going to court. Separation may be suitable for some couples some of the time, but only with divorce is the law behind the terms of decoupling. Skilled & Compassionate Counsel in Orlando, Florida In 25 years of practice as a family law attorney, David W. Veliz has seen it all. He brings that experience and compassion for his clients to bear in every case. He is committed to providing all the information, insight, and guidance he can so they can make the best decision. If you need a divorce attorney in Orlando or throughout Central Florida, contact Veliz Katz Law now to schedule a case consultation.

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Few things cause as much pain and despair as being served divorce papers by your spouse. The good news—and bad news—is that you aren’t going through it alone, as thousands of your fellow Floridians are experiencing the same thing. According to the U.S. Census Bureau, the divorce rate has gone down by two points over the last 10 years in Florida, but it still remains higher than the national average. If you’re just beginning the divorce process, you’ve likely got a number of questions and concerns that you need answered. Chief among them is probably, “Will I have to go to court if my spouse files for divorce?” Unfortunately, there’s not a definite answer to this, and the divorce process will look different for every couple. If you’d like to speak with an  experienced divorce attorney  in Florida, reach out to Veliz Katz Law today to discuss your options. From his offices in Orlando, Florida, David W. Veliz can help clients throughout central Florida including Kissimmee, Winter Park, and Maitland. Deciding Type of Divorce If you and your spouse can still communicate with one another and agree on some basics, you can typically avoid going to court. However, this isn’t always the case. In general, divorces can be divided into one of three categories: contested, uncontested, and collaborative. Contested : When the two spouses cannot come to an agreement on the terms of the divorce, it’s considered contested. This often happens when one spouse files for divorce, serves the other papers, and the receiving spouse disagrees with the terms laid out. This usually, but not always, requires going to court. In some cases, the receiving spouse can work with their lawyer to negotiate and come to an agreement outside of the courtroom. Uncontested : In an uncontested divorce, both spouses agree on all the issues and it’s unlikely their case will go to court. This is more common with shorter marriages, marriages with very few joint assets, and marriages where the couple does not have children. However, it is possible to have an uncontested divorce if you both agree on child custody, asset division, and alimony. Collaborative : Somewhere between a contested and uncontested divorce lies a collaborative divorce. This is a legal process that seeks to reduce court fees by having both spouses work together with the aid of their attorneys or a mediator to negotiate and come to agreements about their divorce. This method can save time and money, but both spouses must be willing to work together. Typically, those who go through a collaborative divorce can avoid going to court. The Florida Divorce Process Depending on your circumstances this process may look slightly different, but in general, you can expect the following when going through a divorce (called a “dissolution of marriage”) in Florida. You may be able to qualify for a “simplified dissolution of marriage” if you have no joint children, agree on your division of assets, and no one will be seeking alimony. For all others, you may need to pursue a “regular dissolution of marriage.” The first step is to file a petition with the court. This can be done by either spouse in the county where the couple lives, or where one spouse currently lives. Whoever receives the petition then has 20 days to respond. If the respondent agrees to all the terms laid out, it will be an uncontested divorce—but they are also able to file a counter-petition contesting any part of it or denying a claim made by their spouse. Both spouses will then typically need to file additional paperwork and provide documentation to the court such as tax returns, W-2s, and bank statements which will be shared with both parties. Most counties will then make the couple go through mediation to see if a negotiation can be reached outside the courtroom. If it cannot, then your case may go to trial. How Long the Divorce Process Takes The entire divorce process can happen in one month for a simplified dissolution, but complex cases can take upwards of a year or two. Even in the shortest cases, there is still a mandatory 20-day waiting period after filing before a judge will approve your divorce. This all depends on the specifics of your case and how quickly you can come to an agreement with your spouse on assets, child custody and support, alimony, and more. Working with a  family law attorney  can help speed up the process. Legal Guidance You Can Trust Divorces are hard, but you don’t have to go through them alone. You need someone with experience and compassion to guide you through this difficult time. If you’re in the Orlando, Florida area and are concerned that your divorce might end up in court, Veliz Katz Law can help. Call today to schedule a one-on-one consultation with Orlando divorce attorney.

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According to the World Population Review, 13 percent of Florida residents are divorced, not far behind the highest rate of 14 percent found in Maine. Florida is also a premier destination for people relocating to escape the social and economic consequences of the pandemic and for those fleeing economic conditions in their native countries. With such a large influx of new residents, it’s perhaps not surprising that divorce may follow in the footsteps of their arrivals. While Florida is a no-fault divorce state, meaning the only grounds needed are that the marriage is “irretrievably broken,” people considering divorce or already filing papers often have misunderstandings that complicate the process and lead to even further stress and bouts of conflicting emotions. If you’re considering divorce or have been served papers in or around Orlando, Florida, contact the family law attorneys at Veliz Katz Law. Divorce is a difficult, stressful experience, and they will protect your rights while dealing with your situation in a personalized, compassionate way. Veliz Katz Law also proudly serves clients throughout Central Florida, including Kissimmee, Winter Park, and Maitland. Common Divorce Misconceptions in Florida Florida has done away with fault in marriage, so all it takes to begin what is legally termed a “dissolution of marriage” is for one spouse to file court documents stating the marriage is “irretrievably broken.” The other spouse will then be served papers alerting him or her to the action. Depending on how that person reacts, the dissolution can proceed in a fairly straightforward manner or it can get tied up in back-and-forth disagreements. That being said, let’s look at some common misconceptions about divorce in Florida. It’s possible for the other spouse to deny the divorce after being served papers. The spouse being served the divorce papers can indeed challenge matters, which will likely result in statements being provided to the family law court or even in oral arguments, but the court can still grant a dissolution of marriage if only one party files and the other spouse disagrees. The only grounds needed are that the marriage is broken according to the filing spouse. (The only other legal ground in Florida is the mental incapacity of one spouse.) Though Florida is a no-fault state, fault can be taken into consideration when it comes to the division of assets, alimony, child custody, and parenting time (visitation rights). Florida law aims for an equitable distribution of assets upon dissolution of marriage, and adultery could be considered under the category of “any other relevant factor.” If the affair squandered any of the married couple’s assets, that also could be considered. The mother is always awarded primary custody of the children. First off, you should consider that you and your spouse can work out a divorce settlement on your own to be submitted to the court for approval. The agreement can include issues of custody, parenting time, child and/or spousal support, as well as the division of assets. When it comes to the children and issues of custody, the court will consider whether your agreement is in the “best interests” of the children and whether it is fair and not one-sided. If instead of agreeing among yourselves, you choose to contest everything in court, that will not only prolong the divorce proceedings but also run up legal costs. If the court must decide custody and visitation issues, the primary standard is what is in the child’s or children’s best interests. To determine best interests, the court will examine several factors, including the parents’ physical and mental health, the relationship of the child or children to each parent, the children’s emotional and other needs, and their ties to the neighborhood and community in which they are growing up. Our assets will be split 50/50. Again, in an uncontested divorce, the spouses can decide the issue of who gets what among themselves. So long that it is not one-sided or unfair to one of the spouses, the court will likely give its okay. Remember, however, that Florida is not a community property state. Though assets acquired during the marriage become the joint property of both spouses (including debts, by the way), Florida family law is based on an equitable distribution of assets rather than a straight 50/50 split. Several factors will weigh in on a court’s decision on equitable distribution, including the economic prospects of each spouse, the length of the marriage, the sacrifices and/or contributions of one spouse toward the other spouse or the children, and the desirability of maintaining the family home for the upbringing of the children. The children will get to choose who they live with. The preference of the child for which parent should have custody is a factor a judge will consider during a divorce proceeding. Florida law, however, does not specify an age at which the child’s wishes should be honored. It is generally assumed that the older the child, the more his or her preference should be listened to, but there is no guarantee the preference will be granted. The court always considers a number of factors. Let Veliz Katz Law Help You Divorce is always a difficult time for all parties involved: parents, children, grandparents, and other close relatives. Sometimes, it’s hard just to get past the initial stage of blaming everything on the other spouse, so it’s never a good idea to look upon divorce as a do-it-yourself proposition. You will definitely need solid legal counseling and advice on every issue from property division to custody and parenting time. After all, once the dissolution of marriage is granted, whatever was agreed upon – or decreed by the court – is going to have long-lasting impacts on everyone involved. You owe it to yourself and everyone involved to forge the best agreement possible going forward. The Orlando family law attorneys at Veliz Katz Law stand ready to help you navigate the divorce process and make decisions that won’t come back to haunt you. If you’re in the Orlando, Florida, area or anywhere throughout Central Florida, contact them immediately if you’re considering divorce, have just begun the process, or have been served papers by your spouse. Veliz Katz Law will guide you every step of the way and provide the legal counsel and advice you need to make sound decisions.