Family Law and Divorce Attorney serving Tavares, Leesburg, Eustis, Mt. Dora, The Villages® community and surrounding areas

(352) 343-0091 500 W. Caroline St., Tavares, FL 32778

Tuesday
July 2
2019

Separate Parties for Kids of Divorced Parents

Separate Parties for Kids of Divorced ParentsGetting divorced isn't typically a joyous occasion, especially when there are children involved. Many different factors are now needing to be considered, and one often overlooked subject is how to handle is the birthday celebration of the divorced couple's younger child/s. What is the best way to handle this type of situation and still keep the peace? Should divorced parents have separate birthdays for the child/children or try to put differences aside and come together for the occasion?

A lot of it comes down to how the parents interact after the divorce is said and done. If there was a lot of fighting and anger present at the time of finalization, it might not be a good idea to have both parents in close quarters. That being said, if both parents can agree that the day is for the celebration of the child only and they can work together to make it a good time, then there shouldn't be a need for separate parties. 

It's wise to have a makeshift checklist if you are a divorced parent trying to decide to invite your ex to the party or not. If you know that the circumstances of the divorce still afflict your ex, do you think there's a chance they can be volatile? How involved are they with the child's life? Do you think they will cause a scene? Do you think YOU will create a scene if they're there? Will inviting the ex mean inviting along with ex-in-laws as well? But most importantly, you need to ask your child what they want (so long as they're able to make that decision on their own). 

Ultimately, if you can't resolve the differences with your divorced partner and see it being a ruined birthday celebration for your child if they are there, then separate parties may be needed. There can even be a compromise if having two parties for one child seem excessive, such as having the other parent take them out for the day or out for a meal. It all comes down to making sure the child's birthday is fun and not stressful for the birthday kid. 

Tuesday
May 21
2019

Getting a Divorce in Florida Without Children.

A divorce can be a sad time for many, and not so sad for some others. Getting a divorce in Florida without kids. Either way, it's a process in Florida that takes time and has different rules for specific circumstances when it comes to filing for divorce. When children are in the picture, it can make things a bit more complicated. But what can one expect when they file for divorce in Florida, and NO children are involved?

If both parties are in agreement and have decided to split property, assets, and debts; then you may qualify for a "simplified" divorce. This is the most inexpensive way to get a divorce in Florida, and the main requirements are that are no biological or adopted children under 18, and the wife is not pregnant. This is the best route to take if matters are discussed beforehand as well. That means like stated before, all property/assets/debts/etc. are divided equally, or certain things were agreed upon without the use of an attorney or divorce trial.

If it becomes more complicated, then couples will have to file for Florida's second option for divorce; Regular Dissolution of Marriage. This comes into play when there are children involved, and custody becomes an issue. It's also the option for when lawyers need to be brought in when couples can't agree on individual items to be split between them.

When the last option is to file for divorce, and no children are in the picture, it can be a simple and inexpensive process in Florida. Former partners being civil in times of divorce can make everything a lot smoother and go by a lot quicker, and with a lot more money left in both their wallets!

Take the first step and contact Benjamin J. Cox for a consultation. 

Monday
April 8
2019

Filing A Restraining Order in Florida.

Your safety should be one of your number one concerns. Filing A Restraining Order in Florida. Unfortunately, there come certain times where a specific barrier needs to be put in place between you and another individual. Restraining orders have helped thousands of people safe from a potentially dangerous situation. The way to go about obtaining a restraining order differs from state to state, so how does it work precisely in Florida? Here you will find the right steps to take if you should ever find yourself in need of filing a restraining order.

In Florida, a restraining order is otherwise known as a domestic violence injunction. This order prevents those presented with it to stop any contact with you and keep a certain distance away from you at all times. It doesn't cost anything to file a restraining order, and they work almost immediately. But several conditions that are to be met before slapping a restraining order on just anyone. Some of these conditions are:

A person accused must be living with you or has lived with you in the past. In most cases where a restraining order is requested, it's between spouses (current or former) or family members (blood or marriage).

Reasons for a restraining order must fall into the domestic violence category. This includes, but isn't limited to: assault/battery, aggravated assault/battery, sexual assault/battery, all forms of stalking, any form of kidnapping, and any criminal offense that left another family member or spouse in physical injury or death.

It is essential to realize the situation you're in and determine if a restraining order is the right option. This means you don't need to wait until someone puts their hands on you to file a restraining order. If you feel like you're in imminent danger, you can file a domestic violence restraining order. The court will go over the history of the person accused and determine if this is the right course to take.

The process of filing a restraining order is merely locating the correct courthouse for your county and setting up the first available time to get it filed. If this is an issue that happens over a weekend or anytime the courthouse isn't open, a crisis hotline for the specific county should be contacted to assist you further.

At this point, the process of filing a restraining order in Florida begins to take effect. Once the paperwork is finished and submitted, a hearing date will be announced. Soon after, the abuser will be served with a notice to appear in court. This notice does not need to be delivered by you as the local sheriff's deputies can deliver it for free. From there, on the court date scheduled a judge will determine the fate of the restraining order and how it will be laid out. Filing a restraining order is a dire situation, and the state of Florida knows this and works quickly and accurately to ensure you stay safe at all times.

Benjamin J. Cox can help you with many legal issues, contact our office today to schedule a consultation. 

Monday
February 25
2019

How does divorce work in Florida?

If you and your spouse have reached the decision that your marriage cannot be saved divorce is the final option. Divorce in Florida. Legally ending a marriage is different in every state. Florida has its own set of rules on divorce proceedings.

The legal term for a divorce in Florida a "dissolution of marriage." Florida, just like many other states, has removed fault as a reason for a divorce. The only requirement is that one side needs to provide a reason that the marriage cannot be salvaged. Either party can file for divorce in the state of Florida and must prove there was a marriage, to begin with, and one spouse has to have been a Florida resident for at least six months.

The circumstances for every divorce is unique with different considerations. Depending on assets and if there are children involved, there are two ways to file for a dissolution of marriage. Most couples go with a "Regular Dissolution of Marriage," but there is also the "Simplified Dissolution of Marriage." Your legal counsel will advise you on which one is right for your case.

Divorce proceedings can last for several months depending on the unique aspects of each case. It can be emotional for both parties and especially hard on children involved.

Benjamin J. Cox has many years of experience helping families through this challenging time. Contact our office today for a consultation.

Tuesday
January 22
2019

I think my child’s other parent may be unfit, how do I prove it?

Being involved in custody battles for your child is difficult all on its own. I think my child’s other parent may be unfit, how do I prove it? But what if you suspect the parent that has primary custody may be unfit, negligent, or even abusive to the child? Every state is different when it comes to court hearings of custody. Proving the other parent is unsuitable in the eyes of the law is not always easy but can be done. However, the child's wellbeing is the most crucial issue in any state in the country.

  • A parent can be deemed unfit if they are neglectful, have a mental illness, abuse drugs or alcohol, or are incarcerated. It is best to research what your state considers unfit. You can visit your state court online to find out more.
  • Gather evidence. Admissible evidence includes pictures, videos, audio files, and medical documentation of abuse and neglect. Evidence has to be solid concrete. Courts always try to protect the parent-child relationship if all possible.
  • Have your child examined by a medical and mental health professional? This will establish to record any signs of psychological and physical abuse.
  • You will need a Petition for Custody form or Motion to Modify Child Custody. You can download these forms from you state court website or online documentation provider.
  • Complete the forms in complete detail including the child's living arrangement and the reason why you are modifying. Include all evidence of why you think the other parent is unfit.
  • File forms with the court. You will need to check to determine if you file with family or juvenile court. You will be assigned a case number.
  • You will then serve the papers to your child's other parent. Usually, the documents will need to be served by law enforcement or a private process server. Then return proof of service to the court clerk.
  • Next, you will attend the hearing. Provide all original documentarians and evidence of why the other party is unfit. This could be school records, medical records and eyewitness testimony of abuse and neglect. After the hearing, the judge may rule or order a child custody evaluation which includes an extensive review of both parents.
The well being of the child is the most critical factor in any custody hearing. Benjamin J. Cox knows the laws and can help you if you think your child is in danger. Contact us today at (352) 343-0091 for more information.

Take the first step.

You don’t have to do this alone.

If you need help getting through the divorce, custody or support process, then contact the offices of Benjamin J. Cox and we will be glad to help.

Or, you can call our office at (352) 343-0091.

Or, you can stop by our office in downtown Tavares, just steps from the Lake County Courthouse.

* indicates required field.

Latest Blog Posts

Separate Parties for Kids of Divorced Parents

Tuesday, July 2, 2019

Getting divorced isn't typically a joyous occasion, especially when there are children involved. Many different factors are now needing to be considered, and one often overlooked subject is how to handle is the birthday celebration of the divorced couple's younger child/s. What is the best way to handle this type of situation and still keep the peace? Should divorced parents have separate birthdays for the child/children or try to put differences aside and come together for the occasion?

Read more...

Getting a Divorce in Florida Without Children.

Tuesday, May 21, 2019

A divorce can be a sad time for many, and not so sad for some others.  Either way, it's a process in Florida that takes time and has different rules for specific circumstances when it comes to filing for divorce. When children are in the picture, it can make things a bit more complicated. But what can one expect when they file for divorce in Florida, and NO children are involved?

Read more...

Connect With Us

Our Office

Benjamin J. Cox, Attorney at Law
500 W. Caroline St.
Tavares, FL 32778

(352) 343-0091 (phone)
Monday-Friday 9am to 5pm
Saturday 9am to 12pm
Special appointment times by request

  • visa Acceptedvisa
  • mastercard Acceptedmastercard
  • amex Acceptedamex
  • discover Accepteddiscover
  • cash Acceptedcash
  • check Acceptedcheck