Punta Gorda Legal Blog

Children of divorce need support and understanding

On behalf of Leskovich Law Group, P.A. posted in divorce on Monday, July 15, 2019.

Whether they grow up in Florida or any other state, children can experience both short and long-term trauma after their parents get divorced. However, parents can take steps to help their kids adjust to their new circumstances in a positive and healthy manner. For instance, parents can make time to listen to what their children have to say and validate their feelings. This is important whether those feelings are positive or negative.

Parents should not burden their children with the drama or stress that they may feel. Instead, kids should be allowed to remain kids for as long as possible. This means allowing them to spend time with their friends regardless of what the parenting plan says. It can be worthwhile to seek out other families that have gone through a divorce for advice on how to handle conflicts with the child's other parent. Children should never be made to feel as if the divorce was their fault.

Are you wondering why you face a charge for felony murder?

On behalf of Leskovich Law Group, P.A. on Thursday, July 11, 2019.

The simple answer is because someone died during the commission of a felony. The full answer involves much more than that. One thing you should know right away is that a "felony murder" charge receives the same treatment as first-degree murder, which makes your circumstances quite serious.

If convicted, you could spend the rest of your life in prison or receive the death penalty. The more you know about this charge, the better informed you will be when it comes to structuring your defense. Fortunately, you do not have to go through this process alone, as one of your constitutional rights is to legal counsel.

How to set up marital finances in case of a divorce

On behalf of Leskovich Law Group, P.A. posted in divorce on Wednesday, July 3, 2019.

Millennials are more likely to keep their finances separate and to have prenuptial agreements than previous generations, but experts say the latter is more likely than the former to protect their property in a divorce. In an equitable distribution state like Florida, what people have earned separately may still be considered their own property. However, a court still has some discretion in what it determines is shared property and how that property will be divided. There are advantages in a divorce to having individual accounts. It can allow each person to have ready access to money for use during the process.

A prenup can be a positive tool not just for the financial protection it offers but because it forces couples to talk about their finances and their attitudes about money. Couples may also modify their prenup later. However, a couple who does not want a prenuptial agreement might want to print out their account statements prior to the marriage to show what they are bringing into it.

When does an assault charge become aggravated?

On behalf of Leskovich Law Group, P.A. on Thursday, June 20, 2019.

Most Florida residents find themselves in heated moments from time to time. You may have had an argument with a friend or co-worker, or you may have even found yourself sleeping on the couch after a fight with your spouse. In these situations, you likely had the ability to find a resolution after everyone calmed down.

Unfortunately, not all altercations reach the point of calming down before they become physical. If you wound up in a fight with someone and the situation escalated, authorities may have come to the scene. If so, you could wind up facing serious criminal charges, including aggravated assault.

Student loan debt and divorce property division

On behalf of Leskovich Law Group, P.A. posted in divorce on Wednesday, June 19, 2019.

Many people in Florida are dealing with extensive student loan debt. In some cases, people decide to delay marriage, children or major purchases because they are struggling to pay off loans that can amount to hundreds of thousands of dollars. With the costs of college rising, many people have few options but to take out student loans to pursue education for their future careers. At the same time, divorce is a major financial event. The effects of the end of a marriage on a person's finances can last for years beyond the relationship. Couples dealing with student loan debt burdens may be concerned with how their loans are handled during the property division process.

In general, people who had their student loan debts before marriage will also retain the obligation to pay for them after divorce. Like other premarital debts, they will continue to remain separate liabilities. However, people may have more questions when the loans were acquired after the marriage began. In general, debt assumed after the marriage is marital debt, but that does not mean it will be divided equally between the spouses. Florida is an equitable distribution state, which means that marital debt will be divided between the parties on grounds of fairness.

Understanding Florida's per se DUI laws

On behalf of Leskovich Law Group, P.A. on Tuesday, June 11, 2019.

Whether you are a native of Florida, you have retired here or you are visiting for vacation, you are probably well aware of the many opportunities for having a good time. You may prefer relaxing with a few friends and a bottle of wine or a more boisterous affair with loud music and a keg of beer.

No matter the path you take to get to your state of relaxation and fun, it is important to keep in mind the laws related to alcohol and operating a motor vehicle. You may feel like you are in perfect control of your car after a few drinks, but if your blood alcohol concentration is .08 or higher, the law says you are legally impaired.

Divorce property division for business owners

On behalf of Leskovich Law Group, P.A. posted in divorce on Tuesday, June 4, 2019.

Florida business owners may have particular concerns to prioritize when they think about divorce. People who own small, closely held businesses may discover that their companies constitute the bulk of marital assets. They may be uncertain of how they can keep the business intact after the end of their marriage. After all, the financial effects of a divorce can linger long after the emotional and practical issues have been handled.

Successful businesses can be a major part of the property division process during divorce negotiations. Florida is an equitable distribution state, so each spouse will not necessarily receive 50% of the business, even if it was created after their marriage began. However, even when one spouse is the major owner of the business who contributes more time and energy, he or she should accustom themselves to the idea that the value of the business will be divided in some way. However, there are different ways to handle property division that can protect the business as an ongoing entity while still reflecting a fair settlement of the divorce financial issues. In some cases, one spouse can essentially buy out the other's interest with other marital assets like real estate, retirement funds or investment accounts.

Tips for divorced parents traveling internationally with kids

On behalf of Leskovich Law Group, P.A. posted in child custody on Thursday, May 23, 2019.

Some Florida couples who get a divorce and who have children may need to decide on parameters around taking international trips with their offspring. This could be because the parent and child have family in another country, or it could simply be because a parent wants to take the child on a trip abroad.

Even if one parent has physical custody of the child, it is likely that there is shared legal custody, and in that case, both parents have a say over the child traveling abroad. If this is likely to be a somewhat regular occurrence, parents may want to address it in the parenting agreement. For example, the agreement may be that the parent and child will leave the country at certain holidays or during a school vacation. The parenting agreement might stipulate that certain information will be shared about the trip as well. This could include the itinerary, who the child will be traveling with and all necessary contact information.

Field sobriety tests: Are you legally obligated to take one?

On behalf of Leskovich Law Group, P.A. on Saturday, May 11, 2019.

If you're driving home and a Florida police officer pulls you over, you must stop. When the officer approaches your driver's side window, you should roll it down so he or she can speak to you. If the officer asks to see your driver's license and vehicle registration information, you must comply. If you don't have one or the other, you can bet that your situation is about to get a lot more complicated.

In certain circumstances, a traffic patrol officer might ask you to step out of your vehicle. This type of request usually means that he or she suspects you of a crime, like drunk driving. You can be sure that is the case if the next question is a request for you to take a field sobriety test. It's critical that you know your rights and how to protect them.

Spousal support during and after divorce

On behalf of Leskovich Law Group, P.A. posted in divorce on Tuesday, May 7, 2019.

When people in Florida decide to divorce, there can be significant financial consequences. This is especially true when there are major financial disparities between the parties or when the marriage has persisted for a long period of time before the decision to separate. In some of these cases, spousal support may be an appropriate mechanism to allow the lower-earning spouse to adjust their lives after the divorce and avoid sudden poverty. However, spousal support is only one part of the total process; in many cases, it cannot be calculated until overall property division is dealt with.

State law formulas guide decisions about spousal support, even when the final agreement comes into play through a negotiated settlement between the parties. The factors that are used to calculate alimony or determine whether it is necessary at all include the need of the recipient spouse, the wealth and ability to pay of the paying spouse, the length of the marriage, the couple's lifestyle and both partners' age and health. For example, in a marriage that ends after 30 years with one partner a lifelong homemaker, that spouse is far more likely to receive alimony than one ending a five-year marriage in which one spouse is lower on the career ladder than the other.