Leskovich Law Group, P.A. - Criminal Defense

Punta Gorda Legal Blog

Considerations in selling the family home during your divorce

Like many other Florida couples, you came to the painful realization that your marriage has reached it end. As you move toward divorce, you face numerous changes in your life. Some of those changes will be difficult and could leave you with tumultuous emotions.

Then, as you begin the divorce process, you and your future former spouse realize that selling the family home is the only way to handle this large asset. Neither of you can afford to handle the mortgage payments, taxes and repairs. Moreover, neither of you wants the constant reminder of what used to be. So, how do you proceed?

New study shows increase in young adult arrests

Younger Americans in Florida and across the United States are being arrested more often than older adults. The statistics come from a study done by researchers at the RAND Corporation using surveys from the Panel Study of Income Dynamics. Over 5,000 families were surveyed as part of the study; 35,000 of the study participants were over the age of 50.

Researchers found that the increases in both arrest rates and convictions were tied to lower hourly wages, fewer weeks of work, a decrease in the probability of being married and lower family incomes. Age, however, had the largest correlation with the arrest rate. The study found that Americans between the ages of 26 and 35 were almost four times as likely to be arrested than those over the age of 66.

A conviction can create a lifetime of struggle

A criminal conviction is more than a fine and time behind bars. You may think that once you have completed your jail sentence that your life will go back to normal. However, this may be far from the truth. Even a simple DUI conviction can result in lifelong challenges in many areas of your life. A conviction for a felony or federal crime may seem to place roadblocks wherever you turn.

If you are facing criminal charges, you would be wise to seek aggressive and skilled legal assistance as early as possible to ensure the defense of your rights. With the right representation, you will understand your options and potentially minimize the damage that may result from these charges.

Tax filings may hold the key to exposing secret cash in a divorce

Florida is home to many successful entrepreneurs, business owners, retirees and working professionals. However, it is also home to lots of couples who are considering divorce. When unpleasant factors come together in a high-asset separation, questions are bound to pop up regarding money and how it will be split. Unfortunately, divorce can bring out dishonesty in some spouses, leading to hidden bank accounts and secret spending.

According to some financial experts, suspicious spouses may need only to look at tax filing information with the IRS to uncover the truth. For example, one divorcing husband was caught making overage payments to the IRS using a secret account. He had planned to file back taxes to retrieve the money once he was single. When the scheme was uncovered, however, hundreds of thousands of dollars were due to the wife.

Minimizing tension during divorce proceedings

An unhappy couple in Florida should understand how challenging a divorce can be. There are valid reasons why divorce is often compared to going to war. For example, couples may see negotiation during a divorce as a case of winning or losing. Instead of viewing negotiation as an opportunity to make an agreement, they may see it as a time for battle. Each side could get locked in their position and refuse to make any compromise.

If a couple fails to approach divorce in a mature manner, they may find themselves hurting their future finances. A successful divorce is one where both parties are able to get past the "victory at all costs" mentality and are able to focus on negotiating and ending conflict. In order to do this, both parties need to go into the divorce understanding how things could go wrong and then take preemptive steps to prevent unwanted disasters.

What will a DUI really cost you?

A DUI arrest may seem like the beginning of a long nightmare, and it may not be an exaggeration to feel this way. In addition to the legal process that may last for months, a conviction for DUI starts a whole new set of issues related to the penalties the court imposes.

Depending on the circumstances of your arrest, you may face license suspension that could mean months or years of scrounging for rides to work and other places. You may have to spend time in jail and perform community service. Your penalties may include attending alcohol counseling or driver re-training. In addition to all this, you will likely spend many years digging out of the financial hole in which a DUI conviction may leave you.

Costly mistakes to avoid in a divorce

Knowing what financial mistakes are common during a divorce may help some estranged Florida couples avoid making them. Talking about personal issues on social media can be one error. After a man discussed his expensive vacation and closing a successful deal, his claim that he could not afford a proposed divorce settlement was less credible.

Some people might fail to get the paperwork they need, and not all of it is only useful during the divorce. For example, for marriages that last at least 10 years, a person might be able to draw Social Security benefits on a former spouse's earnings record. People might also not realize that they need to cancel joint accounts. If there is debt and a person's name is associated with the debt, creditors may pursue that person even if the divorce agreement requires the other party to pay it off.

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. 

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

Phone: 941-621-6623
Fax: 941-575-6400
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