Leskovich Law Group, P.A. - Criminal Defense

Punta Gorda Legal Blog

The importance of finding a new financial adviser after a divorce

When two people get married in Florida, one of them will usually become financially dependent on the other, placing their financial future in the hands of their significant other. However, when the same couple gets divorced, the dependent spouse has to face the fact that they are now responsible for themselves. Additionally, if both spouses want a clean break, then the dependent spouse should find a new financial adviser along with a new financial team, especially if the team both of them relied on during the marriage was found by the providing spouse.

Assuming that the dependent spouse chooses to find their own financial team, they might want to hire a financial adviser, an accountant and an estate attorney. Each member of that team will have a role to play during the divorce as well as after. For instance, the financial adviser will have to paint a picture for their client of how life will look after the divorce; once the divorce goes through, their job will be to help their client save and invest for the future.

Divorcing late in life? Beware the potential health consequences

When you first realized your marriage was headed for divorce, you may have experienced a roller coaster of emotions. Whether you and your spouse have always lived in Florida or, like many, chose it as the location for your retirement years, you have likely shared many memories together that involve your children, grandchildren and friends. You'll carry those memories with you; however, determining that ending your marriage is the best option to resolve your current problems will definitely affect you in more ways than one.

Divorcing late in life can have many impacts, especially on finances, that those who divorce in their earlier years may not have to deal with. In addition to financial and legal issues, a late-life divorce can take a toll on your health as well. Many resources for support could help you overcome any and all problems that arise as you negotiate a settlement and lay the groundwork for a new lifestyle.

The pros and cons of refusing to take a field sobriety test

Having to pull off a Florida highway, wind down your window and look into the eyes of a police officer is a potentially highly stressful experience. If you're one of those people who gets nervous around people in uniform, your heart may begin beating faster as soon as you see the red and blue lights flashing in your rearview mirror.  

If the officer greets you, requests to see your driver's license and vehicle registration information, then asks you to step out of your car, you can bet he or she thinks you've been driving under impairment. It's understandable that you might feel overwhelmed or helpless in such situations; however, you have rights, and the more you know about how to protect them, the better able to mitigate your circumstances you might be. 

Do you need to take field sobriety test?

Having the police pull you over on suspicion of driving while intoxicated can be daunting as well as frightening, especially if you have imbibed.

It is important to remember that you are not alone. Many people are stopped for DUI suspicion and, according to recent statistics, over 100 million individuals self-report driving under the influence of alcohol each year.

Understanding the new alimony tax laws in 2019

Changing alimony rules may affect the way that people in Florida decide to divorce. In late 2017, Congress passed the Tax Cuts and Jobs Act. One of the most significant aspects of the law is how it changes the way taxes treat spousal support. While the law was passed in 2017, the alimony changes do not go into effect until January 1, 2019. This caused many people to escalate their timelines and finalize their divorces in 2018 under the existing rules.

However, couples who decide to end their marriages now will be working with the new rules in the new year. The law does not apply to divorce agreements that are already finalized, but it will apply to all dissolutions finalized after the end of 2018. For decades, people who pay alimony to their former spouses have been able to claim the amount paid as a tax deduction. For wealthy people with a significant amount of income, this deduction could be considerable. On the other hand, the recipient of the funds would pay taxes at his or her lower income tax bracket.

Parental alienation syndrome and custody

When most parents in Florida divorce, they make a concerted effort to act in the best interests of their children. Unfortunately, there are cases in which a divorce is so acrimonious that the ex-spouses are no longer able to work together to establish an equitable parenting plan and financial support arrangement.

In some cases, one parent may accuse the other one of attempting to disrupt his or her relationship with the children. This is sometimes known as parental alienation syndrome. This concept is controversial within both the mental health and family law communities. This has not stopped it, however, from being used in custody cases to influence or even reverse court decisions.

Your right to remain silent until you have legal counsel

Whether an officer pull you over for speeding or takes you to a Florida police station for questioning about a homicide, your encounter with police places your rights at risk. Police have a great deal of liberty when it comes to their investigations, including using lies, intimidation and manipulation to get you to reveal information.

Unfortunately, you may be among the many who cannot control what you say when you are nervous or upset. Even if you carefully choose your words, there is no telling how law enforcement will use those words against you. This is why many who advocate for the rights of the accused recommend saying nothing to police without legal advice.

Conflicting emotions divorced parents face during the holidays

The holiday season is traditionally seen as a time of good cheer. For some families in Florida this holiday season will be the first one that they will go through in the aftermath of a divorce. In addition to the sense of loss and frustration that accompanies divorce, families will have to figure out the logistics of celebrating the holidays in two different locations, often shuttling children back and forth between different homes. While trying to understand and handle their own emotions, parents will also need to be a source of comfort to their children.

For some divorced parents who are going through the holiday season for the first time, there is a sense of agony that comes from figuring out how to maintain the traditional sense of joy and good cheer that surrounds the holiday while at the same time deal with the reality of their divorce. There is no clear guideline or playbook that parents have that tells them how to handle their own feelings, how to handle their children's feelings, or how to successfully handle the logistics of making the holiday season successful after divorce.

First Step Act addresses mandatory sentencing and more

Some inmates in Florida may be affected by certain provisions of the First Step Act if it passes. The bill is currently under consideration in Congress.

One of its major changes will be widening the scope of the 2010 Fair Sentencing Act's efforts to address a disparity between the legal treatment of people convicted of crack cocaine offenses compared to those convicted for cocaine offenses. The former tended to be African-American and got harsher sentences than the latter, who tended to be white, and this led to a racial disparity in prison. Around 2,600 prisoners would be affected by the First Step Act's provision to make this retroactive although they would still need to file a petition and appear in court.

Theft charges place your future at risk

When someone's property is missing, and the evidence points to you, it is understandable that you would feel anxious and concerned about your future. Theft and other property crimes carry stiff penalties for convictions, and you may wonder about your options.

Fortunately, you have rights, and the court considers you innocent until evidence proves you otherwise. Starting your defense as soon as possible after your arrest is a wise step. You may find it helpful to understand the laws concerning property crimes and the kind of evidence the prosecution will need to prove its case.

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Leskovich Law Group, P.A.
265 E. Marion Avenue
Suite 112
Punta Gorda, FL 33950

Phone: 941-621-6623
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