The Marin Law Firm, P.A.

Divorce and Spousal Abuse: What You Need to Know There are two sides to every story. Nowhere is that truer than in domestic violence cases. T here are two sides to every story.  Attorney Carmelina Marin is experienced at representing those who seek legal protection for victims of domestic violence, as well as, defend persons accused of domestic violence.   Behind closed doors, or hidden beneath a blanket of silence, domestic violence bruises the lives of millions of people every year– Florida is a no-fault state – that means when a person files divorce papers the only legal reason a person has to give is that the marriage is “irretrievable broken.” However, abuse may come into play when determining equitable distribution of marital assets and liabilities, the award of alimony, and determination of parental responsibility, custody and time sharing.   There is no distinction when a person is a victim...

The Marin Law Firm, P.A. most recently has secured the rights of a parent who was served a Petition For Return of Child to Petitioner who resided in Australia. The Court found the children's prior Florida residence has not been abandoned and habitual residence in Australia has not been established. The history of this case confirms that the children consider the United States to be their home. Since the children's habitual residence is the United States, the Court will not order their return to Australia. A common problem of divorced parents with children: there is always a danger of child abduction. When one parent has ties to another country the problem becomes much more serious. If a child is removed from the USA, there may be difficulties retrieving the child. The Hague Convention on the Civil Aspects of International Child Abduction is a treaty designed to expedite the return of abducted children to their home countries. Once a child is returned, an ...

“Equitable distribution” refers to the way that spouses in Florida divide their property and debts in a divorce. Generally “equitable” means a fair division of assets and liabilities.     Dividing the family's property during divorce can be challenging, especially if the marriage has accumulate a lot of big ticket items, such as: houses, rental property, retirement and pension plans, stock options, restricted stock, deferred compensation, brokerage accounts, closely-held businesses, professional practices and licenses, etc.   When dividing assets, the Court considers the value of the asset, amount of debt incurred by each party, and is the property marital or separate property. Division of Property by Agreement Couples can make their own agreements about dividing property either on their own or with the help of a mediator. Courts generally uphold such agreements as long as they are in writing and each spouse has had an opportunity to consult with an independ...

How Divorce affects insurance policies In a divorce what often does not get mentioned in a marital settlement agreement is insurance.  When ending a marriage it is important to address all the different insurance policies the family has invested.  The most common insurance policies are life insurance, car, homeowners, health and property insurance (hurricane insurance).  Some families have invested their resources in other types of insurance such as, accidental insurance or business insurance.    At the Marin Law Firm, P.A. , we help you navigate all the components of divorce, including insurance issues.     When considering the different types of insurance you and your spouse have purchased for your family, please consider the following information.     The insurance issues should be included as a part of the divorce settlement negotiations. 1.      Health insurance for spouse . It is important to resea...

Through successful co- parenting partnership, your kids should recognize that they are more important than the conflict that ended the marriage—and understand that your love for them will prevail despite changing circumstances. Kids whose divorced parents have a cooperative relationship: Feel secure . When confident of the love of both parents, kids adjust more quickly and easily to divorce and have better self-esteem. Benefit from consistency . Co-parenting fosters similar rules, discipline, and rewards between households, so children know what to expect, and what’s expected of them. Better understand problem solving . Children who see their parents continuing to work together are more likely to learn how to effectively and peacefully solve problems themselves. Have a healthy example to follow . By cooperating with the other parent, you are establishing a life pattern your children can carry into the future.

If the other parent refuses to obey the current order, there are several options that are immediate remedies and long term remedies. A good parenting plan is necessary so both parties are clear on the time they will have with their children.   A clear and unambiguous parenting plan is essential when a parent is uncooperative or unfair.  If a parent fails to follow the parenting plan, it is grounds for contempt of court in Florida. When a parenting plan is clear for the Judge to understand and follow, then a Judge may more easily find that the other parent is failing to follow a clearly written parenting plan, that parent may be subject to sanctions by the Court.  First, it is important to make the Court aware of the other parent’s actions and ensure that they are held responsible for disobeying the order. Depending on the details of your case, you may want to file a Motion for Contempt and request the other parent be held accountable.  The court may modified pa...

It's one of the first questions asked by individuals seeking to end a marriage. Well that depends on the clients, attorney's and the court system.  However, when the parties use and are successful in a mediated divorce progresses is entirely in the hands of the parties themselves. The divorce process can be difficult, time consuming and emotional.   Therefore to understand the process may make it less challenging.   A typical Uncontested Divorce follows this process:   ·         Once you have retained counsel then your attorney shall begin gathering information from you to draft the necessary initial legal documents.    ·         File Summons and Petition (for Dissolution of Marriage) and formally serve the documents on the opposing party, identifying the nature of your claim and the relief you are seeking...  wait 20 days for response. ·  ...

Even though divorce laws do not differ for military members, a divorce involving a military member, retiree, or military spouse can raise some complicated issues involving. Determining each party’s rights to military retirement pay is a crucial part of property division ; and the Parenting Plan issues of child custody and time sharing;  and child support can be especially challenging. Attorney Marin is a veteran of the United States Air Force and  prides herself in serving military families.  Military Divorce Proceedings and Jurisdiction Matters in Florida While dissolution of marriage is generally governed by state law, the federal government has enacted legislation that applies to divorces involving servicemen and servicewomen. Among other things, federal law governs when a military divorce proceeding may take place, under what circumstances it may be postponed, and how an active member of the military may be served. In addition, Florida law provides...

No Contact: If your attempts to communicate with your ex are met with demeaning, belittling and abusive language you can refuse to communicate. Do not respond to any communication that is not respectful and on subject. This does not lead to effective co-parenting but it does lead to peace of mind. Use a Parenting Coordinator: Your local Family Court may appoint a parenting coordinator to act as a go between in high conflict situations. This is an expensive alternative but having a parenting coordination will get you closer to attaining a healthy relationship with both parents for your children. Ask a Friend or Family Member to be The Go-Between: If you can’t afford a parenting coordinator ask a friend or family member to step in and help. Is there someone that both you and your ex feel close to and can work with to smooth out issues such as visitation drop-offs and pickups? Someone who can field emails and help “mediate” any conflict that arises? If so, put them to use! Co...

ZOMBIE HOMES Your Name Remains on the Title until the House Is Sold For a variety of reasons, lenders may hold off on completing a foreclosure because they simply don’t want the house back, or because they have too much inventory on their hands, or because the costs of foreclosing do not justify completing the foreclosure. It may seem counterintuitive, but banks are not obligated to foreclose and take legal title to a property if they feel the loss or potential liability is too great.    If the property falls into severe disrepair, becomes occupied by rogue tenants or becomes cited for excessive abatement by a municipality, the bank could decide to charge off the debt and walk away.  The likelihood of these problems increases the longer a property hangs in limbo, a ZOMBIE TITLE.   The online news outlet dailymail,  describes the phenomena very well.  I invite you to read there article, here . Then call me and find out how we can preve...

The Huffington Post ran a piece on it's divorce website regarding cheating. The article offers an interesting look into the mind of an adulterer. The article can be viewed by following this link here. If you have questions about your divorce or other family law case, call attorney Carmelina Marin for a free consultation