Leskovich Law Group, P.A. - Criminal Defense

Punta Gorda Legal Blog

Prenuptial agreements are no longer taboo

Asking for a prenuptial agreement is not a death knell for a marriage. More couples are realizing the value of pre-marriage contracts, especially those who have experienced divorce in their own childhood. You may be among those who acknowledge that marriage is not what it used to be, and even the most committed relationships may falter as time passes.

Still, if you are considering asking your intended to sign a prenuptial agreement, you want to be certain it is right for you. While any couple can benefit from making difficult decisions before they start their marriages, there are some situations in which it may be risky to marry without a prenup in place.

The many costs associated with divorce

Florida spouses who are going through a divorce should think about the financial impact of separating. While ending a marriage may be necessary, it's important to go over one's current financial situation before starting the process. This is because it may be necessary to divide debt as well as positive assets such as a house or retirement account. Therefore, being proactive could make it easier to structure a settlement that's in a person's best interest.

There could be many issues to consider when determining how to split a marital home. If neither spouse can afford to pay for it on their own, it might be necessary for both parties to stay on a mortgage. Individuals who can afford to keep the home may not need as much space after a divorce. Parents who are going through divorce might need to figure out who is paying for a child's college tuition.

When is a DUI a felony?

Mechanical violations, parking tickets and speeding citations are infractions nearly everyone has dealt with. Whether you fail to see the stop sign or zip through it intentionally, you may end up with a ticket that will cost you time to resolve and ultimately money. However, when it comes to drunk driving, you are looking at an offense that can be far more serious than an infraction.

The severity of a drunk driving arrest and its potential penalties depend on several factors. In many cases, if you have no previous DUI arrests, the charge against you will be a misdemeanor. While you still risk harsh penalties, a misdemeanor is less serious than a felony. Nevertheless, in certain situations, a DUI charge can easily escalate to a felony.

Divorce and social media: A few things to consider

Many Florida residents have social media accounts and frequently interact with online friends. However, an internet acquaintance is not necessarily the same thing as a personal friend. Divorce is difficult enough without getting social media involved. That's why couples headed toward divorce should take precautions when posting on social media, especially if they have young children.

Similar to nosy neighbors, social media friends may not even realize they are spreading harmful gossip. A couple that does not wish to experience a difficult divorce should ensure that they keep their private issues to themselves. If they choose to post negative comments about their spouses, they may face difficulties in the courtroom. People interacting via social media tend to forget they are sharing private information. Consequently, it is advisable to set social media accounts to the privacy mode.

Children of divorce need support and understanding

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?

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

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?

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

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

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.

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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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