Divorce, Pre-nuptials, Post-nuptials, Post-Divorce Modifications, Family Law Attorney serving The Villages®, Lady Lake, Fruitland Park, Leesburg, Tavares, Eustis, Mt. Dora, Clermont, and all of Sumter County and Marion County.

(352) 343-0091

131 W Main St, Tavares, FL 32778

Regarding the Marital Residence in a Divorce

Regarding the Marital Residence in a Divorce

Divorcing parties often consider the possibility of one party buying out the other’s one-half ownership interest in their marital home. However, I always raise a few “what ifs” if my client is the one contemplating the option of being bought out:

Due to these considerations and if the occupying spouse...

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Contested Divorce or Uncontested Divorce?

Contested Divorce or Uncontested Divorce?

People often ask me what I charge for a divorce that is “uncontested”. My initial questions are to establish whether they truly have an uncontested divorce case. If they have children, they will sometimes tell me they have agreed to a 50/50 timesharing (formerly called custody). I then ask whether...

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I want a divorce, but I have no idea where my ex is.

I want a divorce, but I have no idea where my ex is.

One of the many freedoms we enjoy in America is the freedom to decide when to end a marriage. Divorce is already an emotional and complicated procedure, however, so when one spouse chooses to hide from the process, a few additional steps must be taken to complete the divorce, but...

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Things to Complete Before Finalizing Divorce

Things to Complete Before Finalizing Divorce

Divorce is never an easy decision to make. It can typically involve many different factors and even people. There are ways to make the finalization of divorce easier by creating a checklist for yourself before taking it to the serious point of divorce. Knowing how to handle a divorce before...

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A Few Do's and Don'ts for New Step Parents

A Few Do's and Don'ts for New Step Parents

Even in the most seemingly ideal situations, the successful blending of families is often a daunting task. As a new step-parent, it’s natural to want to instantly bond with your step children and create a new family, but what approach is in the actual best interest of the children? Here...

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How They Decide Who Gets the Family Pet in a Divorce in Florida

How They Decide Who Gets the Family Pet in a Divorce in Florida

So, you are going through a divorce. You and your former spouse have agreed on how to divide your personal property. You decide on what becomes of the home, cars, and bank accounts. But who gets the family dog, cat, or other pets?

You may be surprised by the answer....

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The Effects of Quarantine and Marriage

The Effects of Quarantine and Marriage

The historical Covid-19 pandemic has turned the world upside down and forced many of us to live every moment of our lives in our homes. This has created an uncharted territory, stirring up new anxiety for those not used to a more quiet life with less social interaction other than...

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How Much Does a Divorce Cost in Florida?

How Much Does a Divorce Cost in Florida?

In the United States, 40 to 50 percent of marriages end up getting a divorce. But how much does a divorce cost? And in the state of Florida?

How much it costs depends on which state you live in and what is involved, like children. For most couples, divorce can...

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What’s the Best Way to Tell Your Significant Other That You Want a Divorce

What’s the Best Way to Tell Your Significant Other That You Want a Divorce

Divorce is a tough thing to go through, and it can be not very easy to get the process started as it is going through all the parts. So how do you break it to your spouse that your marriage is over?

You've no doubt been thinking hard on the...

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What is the Florida Guide to Healthy Marriages?

What is the Florida Guide to Healthy Marriages?

There is little argument that divorce comes at a pretty hefty price. Not just on the emotional and relationship ties, but cold, hard cash. The public and private costs incurred from divorce are tremendous, and Republicans in the Florida Legislature are presenting a bill for the upcoming session to try...

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Is It Okay to Date While Going Through a Divorce?

Is It Okay to Date While Going Through a Divorce?

While there is no legal reason why you can’t start dating before your divorce is final, it’s still a grey area. Just because you can doesn’t mean you should. Dating before your divorce is finalized can seriously affect you legally and financially.

Until you can properly grieve for your lost...

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Things to Complete Before Finalizing a Divorce

Things to Complete Before Finalizing a Divorce

Divorce is never an easy decision to make. It can typically involve many different factors and even people. There are ways to make the finalization of divorce easier by creating a checklist for yourself before taking it to the serious point of divorce. Knowing how to handle a divorce before...

Finish reading this article...

How Many Couples Really End Up Divorced and Why?

How Many Couples Really End Up Divorced and Why?

We’ve all heard the statistic. “Half of all marriages end in divorce.” A 50/50 prospect seems dim, no? Well, that data isn’t exactly accurate any longer. While it used to be, the overall divorce rates have been declining for years. A more realistic number is that 1 in 4 unions...

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Separate Parties for Kids of Divorced Parents

Separate Parties for Kids of Divorced Parents

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...

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Getting a Divorce in Florida Without Children.

Getting a Divorce in Florida Without Children.

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...

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Filing A Restraining Order in Florida.

Filing A Restraining Order in Florida.

Your safety should be one of your number one concerns. 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...

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How does divorce work in Florida?

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. 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...

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

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. 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...

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Becoming a guardian due to dementia or Alzheimer's disease

Becoming a guardian due to dementia or Alzheimer's disease

Caring for a loved one with dementia or Alzheimer’s disease is difficult. Often, loved ones with these conditions reach the point where they’re no longer able to make informed or rational decisions. If these conditions are coupled with a stubborn refusal of assistance, the situation can even become dangerous. ...

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Do You Suspect Your Ex is Hiding Assets?

Do You Suspect Your Ex is Hiding Assets?

It’s never nice knowing that someone is hiding something from you. It’s an issue brought into courthouses all over; someone knows something they’re not telling. This is an especially familiar situation when it comes to divorce proceedings. Is there anything a person can do if they know their ex is...

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Remembering you with gratitude

Remembering you with gratitude

A year or so ago, I was called for jury selection in a Hartford murder case. In Connecticut, the attorneys for both sides can question prospective jurors individually. When it was my turn, the prosecuting attorney, noting my answers to the questionnaire I completed, state that it was unusual for...

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Benefits of Prenup

Benefits of Prenup

Getting married is a joyous occasion that takes a lot of preplanning to make sure the day is perfect. On top of setting up things for the guests, finding a venue, and the perfect dress; there’s also the legal side of it. A marriage license is a must, but something...

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Are the $199 divorces really legit?

Are the $199 divorces really legit?

We’ve all seen them - billboards advertising cheap, quick divorces for just a couple hundred bucks. You may think “cheap and quick! What could be easier?” Well, unfortunately, like most things in life, “if it seems too good to be true, it probably is.”

And here’s why...

First off, divorces,...

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Grandparents Rights

Grandparents Rights

As grandparents, one of the biggest joys in life is getting to be around their grandchildren. Some grandparents get to see quite a bit of their grandkids, but sometimes issues between the mother and father can cause concern. What exactly are the rights of grandparents when it comes to seeing...

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Can I get child support modification?

Can I get child support modification?

Life changes day by day, and circumstances change. Even though you have already established a set child support amount through the court's system, if there has been a change in either parents' income, you can ask for child support modification. A modification can be short or long term depending on...

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How do I get away from my abuser and make sure they never hurt me again?

How do I get away from my abuser and make sure they never hurt me again?

Sadly, the leading cause of injury to women in the United States between the ages of 15 and 44 is domestic violence. Domestic violence injures more women than car wrecks, muggings, and sexual assault or rapes combined.

If you are in an abusive relationship that has turned violent, you have...

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I want to adopt my stepchild, what do I do?

I want to adopt my stepchild, what do I do?

You are considered a stepparent when you are married to the biological parent of a child but are not the child’s other biological parent. A lot of people assume that a stepparent obtains immediate parental rights simply by marrying a child’s parents, but this is not the case. 

There are...

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The ins and outs of restraining orders

The ins and outs of restraining orders

Injunctions for Protection (also known as Restraining Orders) are designed to prevent an individual from harming or coming into contact with another individual.

In Florida, there are four types of restraining orders intended to protect victims. These restraining orders are divided into types based on the relationship between the Petitioner...

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Do's and Don'ts for new step parents

Do's and Don'ts for new step parents

Even in the most seemingly ideal situations, the successful blending of families is often a daunting task. As a new step-parent, it’s natural to want to instantly bond with your step children and create a new family, but what approach is in the actual best interest of the children? Here...

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Can we change the original terms of our divorce?

Can we change the original terms of our divorce?

When you’ve received your Final Judgment of Dissolution of Marriage in Florida, you’ve seemingly reached the end result. This doesn’t mean, however, that your divorce terms are final forever. In Florida, if you are dissatisfied with your divorce outcome, there are several avenues to explore in appealing or modifying the...

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Step Parent Rights

Step Parent Rights

A divorce is never an easy situation to be in, and one thing that makes it even harder is having children in the mix of things. With biological parents, they typically share equal rights to custody of the child(s) in question unless determined otherwise by a court of law. What...

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Unmarried Custody Battles

Unmarried Custody Battles

In this day and age, marriage is not seen a necessary life event. There are many families that live harmonious amongst each other and marriage has not needed to be a factor in their lives. Unfortunately, that is not always the case and couples who have started families eventually decide...

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Divorce & Kids and a unique solution: Nesting

Divorce & Kids and a unique solution: Nesting

There is a new term used in divorce called “nesting” or “bird nesting.” The label applies to parents who allow their children to remain in the existing family home while the parents alternate between living in the family home and a separate location.

Unfortunately, in most divorces, both parents are...

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How can I get back child support that is owed?

How can I get back child support that is owed?

Most parents agree that even in a divorce, the number one priority is the best interest of the children, and to guarantee that the child support arrangement offers adequate financial security.

The State of Florida has specific guidelines to determine the amount of child support that is ordered and various...

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My ex is not holding up their end of the bargain in our divorce, now what?

My ex is not holding up their end of the bargain in our divorce, now what?

Many clients fail to realize that courts handle issues that arise at every stage of divorce - including defiance of divorce court orders. There are legal measures that are available to everyone in family court to hold your ex responsible for failing to hold up their end of the bargain....

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Why should I get a prenuptial agreement?

Why should I get a prenuptial agreement?

While it’s no fun to think about the possibility of a marriage ending before it even begins, the reality is, that divorce rates are high, and protecting yourself before taking the big step can bring peace of mind and a resolution to some arguments before they even start.

A prenuptial...

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What is Civil Litigation?

What is Civil Litigation?

Sometimes two or more parties find themselves embroiled in a legal dispute over money or another specific performance (such as breach of contract). Rather than criminal sanctions imposed in Florida criminal court, the result is civil litigation.

Parties in civil litigation cases must head to the courtroom for a trial...

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Business partner divorce, how to get through it.

Business partner divorce, how to get through it.

Two major binding contracts between people can be twice as messy to untangle simultaneously: marriage, and business partnerships. The challenges of understanding, valuing, measuring, and dividing a business makes it one of the most complicated things that divorce attorneys encounter. Improper strategy by an inexperienced attorney can result in an...

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Kids. Holidays. And a Recent Divorce

Kids. Holidays. And a Recent Divorce

When you’re trying to maintain your sanity while parenting children out of two homes, stress levels between you and your ex often increase during the holiday season.

This time of year can also stir up a variety of feelings in your children. If it's their first Christmas following your divorce,...

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Domestic Violence Victim Bill of Rights

Domestic Violence Victim Bill of Rights

Domestic violence comes in more forms than physical harm alone. Perpetrators of domestic violence often use other methods of abuse to victimize their targets as well. These can include Psychological Abuse, Emotional Abuse, Sexual Abuse and even Legal Abuse.

No matter what form the abuse takes, it is never okay....

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How to tell your kids mom and dad are getting a divorce

How to tell your kids mom and dad are getting a divorce

While the conversation will most likely be difficult, delivering the news of your divorce to your children is also an opportunity to remind them that they are your  priority, that you love them, and that as a family you’re going to always work together to meet their needs. Above all,...

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Parents Rights When a Child Is Born Out of Wedlock

Parents Rights When a Child Is Born Out of Wedlock

Many who consult with me to handle a case for them regarding a child born out of wedlock have one particular question in common: “In Florida, does a father have the same rights as the mother regarding a child born out of wedlock?”

With the passing decades, there have been...

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5 Things a Divorce Judge Won't Tell You — But Would Like To

5 Things a Divorce Judge Won't Tell You — But Would Like To

Judges are people, like you and me. While they are supposed to be neutral and abide only by the law when making decisions about your life, judges are not machines. No matter how much of an effort you make to present your side as the right one, ultimately, the outcome...

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What to Expect at the Beginning of the Divorce Process

What to Expect at the Beginning of the Divorce Process

The divorce process is tense. It is emotional and sometimes combative. Both spouses may feel overwhelmed with feelings of confusion, sadness, anger. It is important from the very beginning of the divorce process to have a good understanding of what to expect.

The most important decision you can make at...

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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.

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