lauraspencercoleman2

Parental Responsibility Laws in Florida

Thu, 31 Oct 2019 18:49:17 GMT

Are you facing a divorce in Florida? Do you have concerns about child custody after your divorce is finalized?

Divorce is confusing and emotionally charged enough on its own . But when you have minor children, it becomes a labyrinth of ifs, ands and buts. You have questions and concerns. You’re unsure about the future. Most of all, you want to protect and support your children during the transition. A knowledgeable and trustworthy attorney can help you navigate these issues and settle on a custody arrangement that works for your children and you.

Laura Spencer Coleman is a trusted family law attorney based in the Florida Panhandle. Her twenty years of experience make her uniquely qualified to address concerns of child custody and divorce with expertise and compassion.

Here’s what you should know about the different types of custody in Florida.

Sole Parental Responsibility

In Florida, “child custody” is no longer an official legal term . Instead, the terms “time-sharing” and “parental responsibility” are used to designate the rights and responsibilities allotted to each parent post-divorce.

A parent who is awarded sole parental responsibility of their child in Florida is responsible for making all important decisions regarding the child’s life, including his or her education, healthcare, religion, vacations and more. The parent with sole parental responsibility makes these decisions without input or guidance from the child’s other parent.

It’s important to remember that obtaining sole parental responsibility is hard. Florida courts assume that it’s in a child’s best interests for both parents to be equally involved in his or her life. Therefore, both parents are typically awarded shared parental responsibility when a marriage dissolves. In order to alter this assumption, one parent must prove that the other parent is unfit in the eyes of the court.

Your case can include documents that prove an ex-spouse’s past drug abuse or domestic violence incidents, mental or financial instability, unsuitable or dangerous living quarters, etc.

You must be able to show that your ex-spouse has ongoing issues that make them unfit to make decisions for your children or spend equal time with them.

Shared Parental Responsibility

Florida custody law begins at the premise that equal parental time-sharing and decision making is the best plan for children after a divorce. This premise is only altered when the court finds that equal time with both parents would be detrimental to the child.

With shared parental responsibility, both parents obtain full parental rights and responsibilities. Both parents must confer and agree on the child’s upbringing, schooling, healthcare, travel, and religion. As the child gets older, both parents must agree on sports, vehicle purchases, and college.

The child’s time-sharing schedule (the breakdown of when the child lives with each parent throughout the year) must be agreed upon by both parents and submitted to the court.

Florida Parenting Plans

Another important part of child custody after a divorce is your parenting plan. A parenting plan is a legal document that is developed and agreed upon by two divorcing parents regarding their minor children.

According to the Florida Supreme Court Approved Family Law Form 12.995(a) , the parenting plan must lay out in detail the following aspects of a child’s life:

How the parties will share and be responsible for the daily tasks associated with the upbringing of the child(ren)
The time-sharing schedule arrangements that specify the time that the minor child(ren) will spend with each parent
A designation of who will be responsible for any and all forms of health care, school-related matters including the address to be used for school-boundary determination and registration, other activities
The methods and technologies that the parents will use to communicate with the child(ren)

Florida Child Custody Attorney: Laura Spencer Coleman

If you need guidance on divorce and child custody from a knowledgeable Florida attorney, Laura Spencer Coleman is here for you.

Contact her law office today to schedule your initial consultation.

Gray Divorce: FAQs + Information

Thu, 26 Sep 2019 15:11:44 GMT

Divorce is rarely a welcome event in a person’s life. For older people who have been married for decades, it can be downright terrifying.

Despite the struggles of separating after many years together, divorce among older Baby Boomers has tripled since the 1990s .

Today, we’re examining the unique phenomenon of “gray divorce” and how it impacts the seniors who choose to separate after long marriages

What is Gray Divorce?

"Gray divorce" refers to the increasing divorce rate among people over age 50 in the United States. Since the 1990s, the divorce rate has doubled among people 50 years of age and older. For people 65 and older, the divorce rate has tripled .

Gray Divorce: On the Rise

Divorce rates are going down for younger Americans and middle-aged Americans. However, among those over 50, divorce rates have steadily increased since 1990.

Much of the increase in divorce has been attributed to the Baby Boomer generation, who divorced at unprecedented rates when they were young adults in the 1970s and 1980s. In fact, the divorce rate hit its all-time peak from 1978 to 1982 , when the majority of Baby Boomers were in their 20s and 30s.

As aging individuals remarry, the likelihood that they will divorce again goes up. Second marriages have a 60% chance of ending in divorce, while third marriages have an even higher chance.

What Are the Causes of Gray Divorce?

For many aging adults, divorce has been a long time coming.

Many couples wait until their children have finished college to initiate divorce proceedings. In reality, however, they have been living functionally separate lives for years.

Perhaps the most obvious cause of gray divorce is longer life expectancy. As people live longer, they have more time to grow apart. The average retiree in America can expect to live between 15 to 20 years after retiring .

Huge life changes that happen in later life, like empty-nesting or retiring, can bring latent relationship issues to the forefront. Many couples find that they have nothing to talk about after their children leave home. Other couples have trouble adjusting to the massive changes that retirement brings.

Additionally, many older women have careers and are more financially independent than in decades past. This makes them less likely to remain in unhappy marriages for economic reasons.

How Can You Prepare for a Gray Divorce?

Most older individuals are more financially stable than younger people when they seek a divorce. This is both good and bad. While having more assets helps you weather the financial impact of a divorce, it also makes the divorce process more complex.

An experienced divorce attorney is an invaluable asset for individuals seeking a divorce in later life. Laura Spencer Coleman has nearly 20 years of experience providing legal representation in divorce and property distribution in the Florida Panhandle.

Contact Laura’s office today to schedule your initial consultation and to learn your next steps.

Here’s What You Need to Know About Getting a Divorce in Santa Rosa County

Wed, 28 Aug 2019 15:55:54 GMT

Are you seeking a divorce in Santa Rosa County, Florida? Laura Spencer Coleman is a family law and divorce attorney with nearly 20 years of experience helping Florida residents navigate the legal process of divorce.

Find Out If You Qualify for a Simplified Dissolution of Marriage

A simplified dissolution of marriage applies only to a small fraction of divorces.

In order to qualify for this type of marriage dissolution in the state of Florida, all of the following criteria must be met :

You and/or your spouse must have lived in Florida for at least six months before filing
You must both agree that the marriage is irretrievably broken (cannot be saved)
You must have no minor/dependent children
Neither you nor your spouse is pregnant
You and your spouse have agreed on the division of your assets and who will pay which part of the money you both owe
You are not seeking alimony from your spouse
Your spouse is not seeking alimony from you
You and your spouse are both willing to give up the right to a trial and appeal process
You and your spouse are willing to visit the county clerk’s office to sign your
Petition for Simplified Dissolution of Marriage document ; you can do this separately.
You and your spouse are willing to go to your final divorce hearing together

If your divorce situation doesn’t meet all of these criteria, you cannot file for this type of marriage dissolution. Instead, you’ll need to file a standard Petition for Dissolution of Marriage.

Find additional documents for Simplified Dissolution of Marriage in Santa Rosa County here.

Can You File for a Divorce in Santa Rosa County Without a Lawyer?

Individuals filing for divorce in Santa Rosa County are not required to hire an attorney. However, the majority of individuals seeking particular arrangements for alimony, child custody and property division do obtain the services of a divorce lawyer.

Divorce can be a complicated process. For the average person, it can be overwhelming. An experienced divorce lawyer can explain the terms, documentation and information you’ll need to proceed with your divorce.

Filing for Divorce With Children in Santa Rosa County

If you have children, you and your spouse will need to file a Petition for Dissolution of Marriage with Children . You will also need a Financial Affidavit, a Certificate of Compliance, and a number of additional forms.

You can find these forms here .

You can obtain the services of a Santa Rosa County divorce lawyer to help you complete your petition and all corresponding additional documents.

Once your petition has been filed, it must be legally served to your spouse. Your spouse then has 20 days to file an answer to your petition. If your spouse does not file within that time, you can file a Motion for Default to set a final hearing.

Visit the Santa Rosa County Clerk of Court at 6865 Caroline St., Milton, FL 32572.

Laura Spencer Coleman can help you navigate the confusing process of filing for a divorce in Santa Rosa County and beyond.

Contact us today to learn more about our services or to schedule your first appointment.

Sole Custody in Florida: What Should You Know?

Tue, 02 Jul 2019 18:58:26 GMT

In 2008, Florida eliminated the concept of sole custody of children in divorce cases and replaced it with sole parental responsibility. This eliminated the concepts of “primary” and “secondary” custodial parents and aimed to provide both parents with the opportunity to build meaningful relationships with their children.

Unfortunately, there are often cases where one parent is simply not fit to share equal decision-making in a child’s life. To protect the children involved, the other parent must seek sole parental responsibility–by bringing a compelling case for a change in their parenting plan before a Florida court.

What Does Sole Parental Responsibility Mean?

Sole parental responsibility refers to one parent’s responsibility in making all major decisions about a child’s life, including:

Cultural and religious upbring
Healthcare and medical procedures
Travel plans and documentation
Name changes
Living arrangements and moving

Being awarded sole parental responsibility does not automatically remove the other parent’s time-sharing privileges. He or she may still be legally entitled to some time with the children.

How Can You Get Sole Parental Responsibility?

During divorce proceedings, Florida courts assume that it’s in the best interests of a child for both parents to share equal responsibility in raising and caring for that child.

Sometimes, however, it isn’t in the child’s best interests for both parents to have equal say in decision-making.

In cases where one parent has a history of drug or alcohol problems, physical or domestic abuse, behavioral disorders or financial issues, the other parent may seek sole parental responsibility. The burden for proving that parent’s incompetence in decision making lies with the parent seeking sole parental responsibility.

For instance, i n a situation where one parent has a drug or alcohol addiction, the other parent would need to bring evidence of this addiction to the courts to ask for sole parental responsibility. If a parent has routinely failed to keep appointments or scheduled time with their child, the other parent can bring evidence of this to the court.

The parent seeking sole parental responsibility needs to carefully document instances of the other parent’s ongoing issues.

If you are awarded sole parental responsibility, you will have sole decision-making power in the child’s life. You will be able to make major decisions for your child without consulting the other parent.

Choose a Trustworthy Florida Child Custody Attorney

The process of seeking sole parental responsibility begins with finding a trustworthy lawyer to guide you. With your lawyer’s help, you can gather the best information and evidence for changing your official parenting plan in Florida court.

Laura Spencer Coleman is a trusted Florida child custody attorney. She has nearly two decades of experience helping parents navigate time sharing and parenting issues. This includes helping parents seek sole parental responsibility for their children.

Contact our office today to learn more about our services or to schedule your consultation.

Divorce After A Long-Term Florida Marriage

Mon, 01 Jul 2019 00:00:00 GMT

Divorce can be one of the most devastating events in life.

For divorcing couples who were married for more than seventeen years, the process can also be long, complex and acrimonious.

Short-term marriages often qualify for what is known as a “ simplified dissolution of marriage .” This makes divorce a relatively quick and easy process, as long as both spouses agree to no alimony, have no minor children and have no issues with property division.

This option isn’t available for people seeking to dissolve a long-term marriage.

Today, we’re examining the unique features of filing for divorce in Florida after being married at least 17 years.

How Do I File For Long-Term Marriage Dissolution?

The process for filing for divorce after a long-term marriage is the same as it is for short- or moderate-term marriages.

In Florida, you can submit a petition for dissolution of marriage without an attorney, but it isn’t advisable. This is especially true for long-term marriages with minor children involved or when both spouses can’t agree on property division or alimony amounts.

Consult a divorce attorney first. He or she can guide you through the process of completing the divorce petition, and help you organize all necessary paperwork. Your lawyer will also be an objective voice in determining what you are legally entitled to, and what your ex-spouse is entitled to.

Perhaps most importantly, a divorce lawyer can serve as your legal advocate if your ex-spouse threatens to retaliate or abuse you or your children in any way. Your attorney can help you obtain the necessary Injunctions for Protection and offer in-depth legal advice throughout the process.

Alimony In Florida

In many divorces, one spouse has more financial resources or earning potential than the other. This is especially true for couples wherein one spouse stayed home to raise children while the other built a career.

Under Florida law, alimony is often awarded to the spouse with less financial resources in a divorce. This allows that spouse to maintain the standard of living he or she was accustomed to while married.

There are several types of alimony (spousal support) that may be awarded in the dissolution of marriage in Florida:

Bridge-the-Gap Alimony. This type of alimony serves to provide a “bridge” for a disadvantaged former spouse to transition from married life to single life. In Florida, this type of alimony is only awarded if there are “legitimate identifiable short-term needs.” This could include physical necessities like housing or necessary furniture. It may also be used for employment training or certifications. Bridge-the-gap alimony may be awarded alongside other forms of alimony, but it cannot be paid out for more than two years.

Rehabilitative Alimony. Rehabilitative alimony was designed to provide the recipient with funds to acquire education or training to make him or herself more employable after divorce. The unique aspect of rehabilitation alimony is that recipients must submit a detailed plan for the use of the funds. A Florida judge must approve of the plan before the money can be awarded.

Durational Alimony. This alimony is paid out for a set period of time. In Florida, it cannot be paid out for longer than the term of the marriage.

Permanent Alimony. This type of alimony is more likely to be awarded in the dissolution of a long-term marriage. Sometimes, one spouse’s financial need is perceived as permanent by the court. If the other spouse has the ability to provide permanent alimony, it may be awarded in the divorce proceedings. However, it’s important to note that permanent alimony ends upon the death of either the recipient or the payer. Additionally, permanent alimony payments are terminated when the receiving spouse gets remarried. Alimony may also be terminated if the receiving spouse enters a supportive, cohabiting relationship with someone.

Property Division and Long-Term Marriage in Florida

Florida is an “ equitable distribution ” state, which means that the division of property in a divorce should be “fair.” However, it does not mean that property distribution will be equal.

In Florida, any property or assets that are acquired during a marriage are considered marital property, i.e. property that is owned equally by both spouses. Marital assets can be split amongst the two parties of a divorce, even if only one spouse worked to pay for the assets.

All marital property will be divided among you and your ex-spouse, unless you have an express written agreement on property division stipulations.

Are you preparing for divorce after a long-term marriage in the Florida panhandle? Florida divorce attorney Laura Spencer Coleman has nearly 20 years of experience helping Florida residents navigate the legal process of divorce.

Contact the law office of Laura Spencer Coleman today to learn more.

Marriage Length + Divorce in Florida: Things to Know

Wed, 05 Jun 2019 00:00:00 GMT

If you’re seeking a divorce in the state of Florida, the length of your marriage has an impact on the process and outcome of your divorce proceedings.

In the majority of cases, divorce is an emotionally devastating life event. The breakup of a marriage can cause a number of issues, including battles over property, child custody and alimony. Regardless of the length of time you’ve been married, divorce is never an easy choice to make.

Unfortunately, it’s often a necessary one.

And for people who have little understanding of Florida divorce law, it can also be frightening and intimidating.

The more research you do before filing for your divorce, the better equipped you’ll be to find the right lawyer and make the right choices for your future.

Laura Spencer Coleman is a trusted Florida divorce lawyer with nearly 20 years of family law experience. She is passionate about helping Florida residents navigate the legal intricacies of divorce so they can move on with their lives.

Today, we’re examining one of the most important factors influencing Florida divorce: the length of your marriage.

Short-Term Marriages + Divorce

In Florida, a short-term marriage is one that lasts for fewer than 7 years .

This information may affect your divorce in a couple of ways.

Firstly, if you and your ex-spouse cannot agree on alimony arrangements, the court will step in and make a determination for you. When making alimony determination, the court considers several factors , including:

The standard of living established during the marriage
The financial resources of each party
The age and physical and emotional state of each party
The duration of the marriage
The earning capacity and employability of each party
The contribution of each party to the marriage, including services of childrearing, homemaking, and contribution to the education or career of the other party
The responsibilities of each party towards providing care for minor children

The duration of your marriage may impact the type and amount of alimony awarded to either you or your spouse during a divorce. Alimony for short-term marriages is rarely awarded by the court, especially if the party seeking alimony is employable.

Secondly, property may be divided differently for short-term marriages, with less complex division stipulations. People in short-term marriages have had less time to intertwine their finances or acquire property together. As a result, it can be difficult for a divorcing parties to determine which property each individual is entitled to.

A divorce lawyer can help you navigate these contentious issues during your divorce.

Fortunately, the petition for dissolution of marriage is the same for short, moderate, and long-term marriages.

A simplified dissolution of marriage is a procedure that allows couples to obtain a divorce in a relatively short time period. However, this divorce petition is only obtainable for couples with no minor children, no alimony, and no property disputes. Both parties must agree to property division and at least one party must have lived in the state of Florida for six months prior.

Moderate-Term Marriage + Divorce

In Florida, a moderate-term marriage is one that lasts between 7-17 years . Dissolution of marriage at this level often has more complicated legal features.

Alimony --if not agreed upon by the divorcing parties beforehand--may be awarded by the court upon review of each party’s financial situation, employment status and employability.

Long-Term Marriages + Divorce

In Florida, a long-term marriage is one that lasts longer than 17 years.

Dissolution of a long-term marriage is often more complicated and contentious than divorce for short or moderate-term marriages. Couples who have been married for 17 years or more often have complex financial entanglements and property holdings.

For this reason, alimony of any kind is more likely to be awarded in the dissolution of a long-term marriage.

Bridge-the-gap alimony may be awarded to one spouse to help him or her adjust to life as a single person following a divorce. This type of alimony is designed to address specific short-term necessities and does not exceed a time period of two years.

Rehabilitative alimony may be awarded to a spouse who needs help in building the skills and credentials needed to be employable following a divorce. In order to receive this type of alimony, an individual must have a specific and detailed plan for acquiring skills, training or certification.

Durational alimony is designed to provide a dependent spouse with financial support for a set period of time after a divorce.

Permanent alimony is generally only awarded to spouses in long-term marriages who lack the ability to provide for themselves financially to the standard that was set during the marriage.

Preparing For Your Florida Divorce

Regardless of the length of your marriage, you need a reliable, compassionate divorce lawyer to fight for your interests in court.

Laura Spencer Coleman has been navigating long-term, short-term and moderate-term marriage dissolution for Florida Panhandle residents for nearly 20 years.

Contact the law office of Laura Spencer Coleman to schedule a consultation today.

Do You Need An Attorney For A No-Fault Divorce?

Wed, 03 Oct 2018 00:00:00 GMT

The best you can hope for in a divorce is civility and understanding--from your ex-spouse and from friends and family who will be affected by the end of a marriage. While divorce is rarely easy, it can be a smooth process if you and your ex-spouse

If you’re seeking a divorce in Florida, you might have questions about designations like no-fault or equitable distribution. How do these elements of the law impact your divorce proceeding? Do you need to hire an attorney if you’re seeking a divorce in a no-fault state?

Let’s examine the various tenets of a no-fault divorce and how it compares to an uncontested divorce.

What Is A No-Fault Divorce?

Florida is a no-fault state when it comes to divorce. This means that the state has abolished the at-fault standard for divorce. In fact, you can only file for divorce on no-fault grounds in the Sunshine state.

But what exactly does no-fault mean in a divorce filing?

Before 1971 (when Florida established no-fault grounds for divorce) an individual seeking a divorce would need to give a legally-recognized reason for seeking the dissolution of the marriage. That individual would also be burdened with proving that their spouse committed the behaviors put forth as grounds to be granted a divorce.

In Florida, neither spouse has to prove that their husband or wife was “guilty” of adultery, wasteful spending, abandonment or cruelty when seeking divorce--you simply need to state that the marriage is irretrievably broken.

No-Fault Vs. Uncontested Divorce

Many individuals seeking divorce confuse the terms “No-Fault” and “Uncontested”.

While both apply to divorce, they can mean very different things in regards to the legal processes surrounding divorce.

A no-fault divorce simply means that you aren’t accusing your ex-spouse of any wrongdoing that caused the breakdown of the marriage. An uncontested divorce, on the other hand, means that both parties of the marriage agree upon the specifics of the divorce proceedings--such as the division of property, custody arrangements, division of debt, etc.

Just because a divorce is no-fault doesn’t mean it is uncontested. Many couples don’t necessarily want to assign blame for a divorce, but they also may not agree on child custody, property division or division of debt outcomes. An attorney is necessary to navigate these aspects of divorce proceedings.

In fact, at the end of the day, the vast majority of divorces benefit from the guidance of a family law attorney.

Laura Spencer Coleman is a trusted family law attorney serving multiple cities in Florida.

Contact her law offices today for help navigating your divorce.

Florida Divorce: What Does Equitable Distribution Mean?

Mon, 01 Oct 2018 00:00:00 GMT

Recently, we’ve discussed several topics in relation to Florida divorce, including alimony and how to prepare for a Florida divorce filing .

This week, we’re examining Florida’s standard for contested property division in divorce: equitable distribution.

What Is Equitable Distribution?

Equitable distribution is a legal principle followed by most states (including Florida) in which assets and liabilities acquired by a couple during a marriage are distributed equitably (fairly) during a divorce.

Equitable distribution states are different from those that use community property standards to divide assets following a divorce.

In Community Property states , property and liabilities acquired by a couple during marriage is considered jointly owned, regardless of each individual’s contributions to the purchase or how the purchase is titled.

There are currently 9 states that use community property law : Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin . Each of these states has unique caveats in their community property statutes.

If you and your ex-spouse have a previously agreed-upon plan for asset and liability distribution, equitable distribution statutes will not apply to your divorce proceedings. The court applies equitable distribution only when assets and liabilities cannot not be negotiated by a divorcing couple independently.

What Are the Tenets of Equitable Distribution?

Under Florida’s Equitable Distribution Statute in Chapter 61, the court begins with the premise that distribution of assets and liabilities in the dissolution of a marriage should be equal among involved parties.

The court then looks at a vast number of relevant factors that can influence the way assets and liabilities are distributed, with a goal of ensuring that distribution is fair (while not necessarily equal).

The first 8 factors influencing equitable distribution in dissolution of marriage, listed in Chapter 61, Section 075 of the Florida Statutes, are as follows:

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

(b) The economic circumstances of the parties.

(c) The duration of the marriage.

(d) Any interruption of personal careers or educational opportunities of either party.

(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.

(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

Explore the remainder of the factors influencing court decisions in equitable distribution divorce cases here .

What Is Marital Waste?

It’s important to remember that the court can consider one spouse’s irresponsible financial behavior when dividing property and debt obligations.

Marital waste is described in the Chapter 61, Section 075 statute as “The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.”

If your ex-spouse intentionally depleted or squandered marital financial assets (and your attorney can prove it), the court may award you a more favorable property allocation in divorce proceedings.

Find A Florida Divorce Attorney Today

Because equitable distribution proceedings can get messy, it’s important to have knowledgeable representation on your side.

Laura Spencer Coleman has nearly 20 years of experience representing clients in divorce cases in Florida. Contact our law offices today to learn more about our divorce attorney services.

How is Military Divorce Different from Regular Divorce?

Wed, 05 Sep 2018 00:00:00 GMT

No one likes to consider the possibility of divorce. Not only does divorce equal the end of a marriage, it also means the end of a legally-recognized partnership. Divorce with unique circumstances can become even more difficult.

For military members and their spouses, seeking a divorce can have different requirements and different outcomes than it does for civilians.

Determining Where You File for a Military Divorce

For military individuals seeking divorce, it’s important to file in the state that is recognized as your domicile or the resident state of your ex-spouse. The court in which you file for divorce must have what is known as “jurisdiction” over you; otherwise, your divorce will not be valid.

There are a few criteria you can use to determine the US state in which to file for your divorce:

Where do you pay taxes?
Where did you purchase your vehicle
Where do you regularly attend church?
Where do you regularly participate in community organizations or events?
Where are you registered to vote?
Where did you receive in-state tuition rates to attend college?
Where did you open a bank account?
Where do you own property?
Where do you pay real estate taxes?

The state where you and your ex-spouse were married is not necessarily the right state to file for your divorce. Similarly, the state where you currently live might not be the best state to choose. It’s important to discuss these matters with your attorney before choosing a filing state.

How Does Your Filing State Affect the Outcome Of Your Divorce?

You may wonder why the state in which you file is such an important aspect of a military divorce.

The answer lies in each state’s unique laws governing the divorce of a military member and their spouse. Some states, for instance, require a mandatory separation period of up to one year before divorce can be pursued.

In order to file for divorce in Florida , you or your spouse must have been legal residents for at least six months. However, there is no mandatory separation period before a divorce proceeding can begin.

It’s important to note that you can’t file for divorce in Florida if your military spouse is away on active duty. He or she must be served with a copy of the divorce action and a summons. The only way to avoid the summons process is to have your military spouse sign a waiver affidavit to signal an uncontested divorce.

Do You Need An Attorney For a Military Divorce?

Making a mistake during the filing process could mean missing out on retirement benefits or other benefits that military spouses are entitled to. This is why you need an experienced military divorce attorney on your side--throughout the process.

Are you a military spouse or serviceperson seeking a divorce in the state of Florida? The Law Offices of Laura Spencer Coleman specialize in military divorce. Laura Spencer Coleman has nearly 20 years of experience helping military members and military spouses navigate divorce in Florida.

Contact our offices today to schedule your first meeting.

Important Aspects of Juvenile Law in Florida

Tue, 07 Aug 2018 00:00:00 GMT

Minors (individuals under the age of 18) face different standards, consequences and issues when it comes to the law. For minors who commit crimes, punishment and process are different.

Here are three important aspects of juvenile law in the state of Florida.

The Florida Juvenile Justice System Is Centered On Rehabilitation

Unlike the adult criminal justice system, which centers on punitive measures for criminal behavior, the juvenile justice system is based on rehabilitation.

The Florida Department of Juvenile Justice exists to

“increase public safety by reducing juvenile delinquency through effective prevention, intervention and treatment services that strengthen families and turn around the lives of troubled youth.”

This focus on prevention and treatment aims to help underage offenders avoid repeat offenses.

In 2017, Florida passed a civil citation initiative that routes first-time juvenile offenders who are accused of one of 11 common misdemeanors to an intervention-based program rather than legal custody.

Find a civil citation representative in your Florida community with this database.

Juvenile Offenders in Florida May Be Tried As Adults

For repeat juvenile offenders and those who commit severe crimes, the process of being taken into custody and subsequently charged can be very different than for first-time offenders.

Florida has long led the nation in numbers of juvenile offenders who are transferred to adult court.

Between 2003 and 2008, for instance, Florida transferred an average of 164.7 juvenile offenders per 100,000 to adult court--over 50% more than any other state. The majority of these juvenile offenders were accused of non-violent crimes.

In 2017, more than 1,000 juvenile offenders in Florida were tried as adults.

Additionally, Florida is one of only 12 states that have a statutory power known as “direct file.”

The direct file statute (prosecutorial discretion) allows state attorneys to decide whether or not to try a juvenile offender as an adult based on a personal assessment of the juvenile’s offenses and history. Furthermore, Florida is one of only a handful of states that doesn’t allow a juvenile who has been direct filed to adult court to seek a reverse waiver.

Juvenile Offenders In Florida + Legal Counsel

In the state of Florida, youth offenders have the right to legal counsel at all stages of delinquency court proceedings.

Juveniles need legal counsel to protect themselves from legal ramifications that can affect them for the rest of their lives.

Laura Spencer Coleman is an experienced family law attorney serving the state of Florida.

Contact her law offices today to learn more about juvenile law and legal counsel.

What Should You Do If You’re Contemplating Divorce in Florida?

Tue, 03 Jul 2018 00:00:00 GMT

Divorce is one of the most devastating things that can happen in our lives. It’s emotionally, physically and financially exhausting. It changes your life in scary ways.

But it can also be the best choice for your own health and happiness.

If you’re contemplating divorce in Florida, here’s what you should know.

Know The Financial Costs Of Filing

In the state of Florida, the cost to merely file for a Simplified Dissolution of Marriage is $408.00, plus a $10.00 filing fee.

The cost is the same for a contested divorce, but additional fees and costs may apply if you are required to take a family stabilization course. The costs are also higher if you and your ex-spouse are fighting over property.

To be eligible for a simplified filing in Florida, you and your ex-spouse must have both lived in the state of Florida for at least 6 months prior to the filing. You must also be in complete agreement about asset and debt division following the divorce. You must have no minor or dependent children between you. Finally, you must both be willing to attend a final hearing together for the marriage to be officially dissolved.

Unfortunately, many marriages are simply not eligible for a simplistic divorce proceeding. Children, emotional acrimony and mutual distrust between former spouses make it impossible to take the simple route.

Know the Timeline for Response

If you are the petitioner for your own divorce, your estranged spouse is the respondent. The respondent in a divorce filing has 20 days to answer a petition for dissolution of marriage following the date of being served.

If your estranged spouse does not answer your petition within 20 days of being served, you may file a motion for default. This may allow you to set an earlier final hearing.

Know Florida Laws On Property Division

Florida is an equitable distribution state . Unlike states like California or Texas (which use community property rules in divorce cases), marital property in equitable distribution states is split based on what the court deems fair, rather than on a strict 50/50 split.

The court recognizes both marital and individual property when determining what each spouse receives in an equitable distribution state. Separate property is defined as any property that was acquired before the marriage. Marital property is considered any property that was acquired during the marriage. However, these parameters may be adjusted based on other factors determined by the judge.

Property division in a divorce is determined by a number of things, including:

The duration of the marriage
Each spouse’s individual contribution to the marriage, including paid work and/or homemaking services
Economic circumstances of each spouse (gaps in employment, time off to care for children, ability to earn income and support oneself post-divorce)
Contribution by each spouse to the other’s personal education or professional advancement

Shorter marriages have a different standard for marital property than longer-term unions do.

Find a Trustworthy Florida Divorce Attorney

If you’re like most individuals seeking a divorce, you’re intimidated and confused by the entire process. You deserve a divorce attorney that can guide you through the legal process and ensure that you aren’t taken advantage of.

Laura Spencer Coleman is one of Florida’s leading divorce attorneys, with nearly 20 years of experience fighting for Florida residents like you.

Contact our law offices to learn more about our services today.

Relocation Following Divorce in Florida: Here’s What You Should Know

Wed, 02 May 2018 00:00:00 GMT

Divorce is a life-changing event that can lead to financial hardship, emotional turmoil and personal challenges. It can also open doors to better opportunities.

For many divorced individuals, pursuing a new job or remarriage in a new location is the positive change needed to move on. Unfortunately, when children are involved, relocation following divorce becomes more complicated.

Here’s what you need to know.

What Is Relocation?

As defined by Florida’s Relocation Statute, § 61.13001

, relocation means “a change in the principal residence of a child for a period of 60 consecutive days or more but does not include a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.”

For custodial parents seeking to relocate a minor child more than 50 miles from his or her principal residence, a written agreement consenting to the relocation must be obtained from the non-custodial parent and any other person who is entitled to visitation with the child.

The written agreement must include express consent to the relocation by the other parental party or parties. It must also define visitation specifics for the non-relocating parent or other individual who has visitation rights with the child.

In some cases, you may also need to provide the court with a Notice of Intent to Relocate. This informs the court of your decision to alter the child’s principal residence as stated in the original custody agreement. Notice of Intent to Relocate only applies to uncontested relocation cases. If the child’s non-custodial parent does not consent to the relocation, you will have to file a Petition to Relocate.

What Is A Petition To Relocate?

In the State of Florida, you must complete a Petition to Relocate if your children’s non-custodial parent refuses to sign an official agreement to the relocation. You must serve the non-custodial parent with this petition. It must include information regarding your new relocation address, new mailing address, telephone number and any other pertinent information.

Choose A Trustworthy Florida Family Law Attorney

Relocation with minor children can be an emotional, traumatic journey. The process of filing a petition, following up with your ex-spouse and obtaining the necessary paperwork to finalize a relocation can be confusing and intimidating.

A trustworthy family law attorney in Florida can help you prepare, complete your petition and navigate the complicated relocation process.

Laura Spencer Coleman is a Florida family law attorney with over 20 years of experience helping families navigate legal issues.

Contact our office today.

Is Your Ex-Spouse Failing to Pay Child Support?

Wed, 04 Apr 2018 00:00:00 GMT

Divorce is messy, emotional and time-consuming. If you have children, it can also create a volatile ongoing battle. When your ex-spouse fails to pay their fair share of child support, your children are the ones who suffer. This is why you need legal counsel and advice if your ex-spouse is failing to meet his or her court-appointed payments.

Here is our most important advice regarding missed child support payments.

Know The Penalties

It’s important to understand that failure to pay child support for extended periods of time is a federal offense in the United States of America .

The Child Support Recovery Act (1992) aimed to prevent non-payment of State-ordered child support by mandating prosecution for serious offenders. Unfortunately, for offenders facing only misdemeanor charges, punishment is not usually effective--non-payment of child support generally continues following misdemeanor charges.

That being said, there are several legal penalties associated with failing to pay court-ordered child support:

Warrant For Arrest
Fines
Jail Time
Garnishment of Wages
Exclusion from Receiving Certain Government Benefits
Suspension of Drivers’ License

In addition to jail time or garnishment of wages, offenders can be denied a Passport or have liens placed against their property.

Make sure your ex-spouse knows that non-payment of court-ordered support can result in jail time and interception of funds.

Try to Keep The Other Parent Involved

It can be tempting to cut off an ex-spouse’s parental visitation if he or she fails to make child support payments on time.

Unfortunately, preventing your ex-spouse from seeing your child can cause distance and actually decrease the chance that he or she will pay.

Encourage your ex to continue his or her normally scheduled visits with your children. By being actively involved in your children’s lives, he or she may feel more urgency in making their child support payments.

File A Motion

If non-payment of child support persists for six months or longer and you’ve gotten little or no help from the state, your lawyer can help you file a Motion for Civil Contempt/Enforcement.

Before you file, make sure you have proof of the court order for child support payments in your divorce case.

You should also get a detailed record of each child support payment your ex-spouse has made. Bank records that show no transfers or deposits can also strengthen your case for lack of payment.

Most importantly, you should have detailed documentation for the amount of child support that is past due. Your family law attorney can help you gather the documents and file the motion on your behalf, saving you time and frustration.

In these cases, the court also has the power to force your ex-spouse to reimburse you for attorney’s fees or other expenses related to the contempt of court case.

Have more questions about child custody, divorce, time sharing or juvenile law matters?

Laura Spencer Coleman is a Florida family law attorney with over 20 years of experience helping families and individuals navigate complex legal issues.

Contact our office today.

Alimony And Divorce Modification In Florida

Wed, 07 Mar 2018 00:00:00 GMT

If you’ve been through a divorce, you probably just want to move on with your life. Unfortunately, things change over time. Finances improve or get worse. Health can unexpectedly decline. Changes to our circumstances can make it impossible to meet our original alimony obligations or survive on a small alimony award.

If you are unhappy with your current divorce settlement and alimony agreement, it may be time to seek a divorce modification with a trustworthy Florida family law attorney.

Let’s discuss some important element elements of divorce modification and alimony in Florida.

What Does Divorce Modification Mean?

Divorce modification only covers certain terms of your divorce settlement:

Child Custody
Timesharing
Alimony
Child Support

In order to have your divorce settlement altered, you’ll need to prove that your circumstances have changed significantly since your divorce judgement was made.

For instance, many individuals seek changes to their alimony judgment years after their initial divorce decree.

Can You Have Your Alimony Agreement Altered In Florida?

In Florida, alimony is awarded based on one party’s need for financial support and the other party’s ability to provide it. Alimony in Florida is generally open to modification of amount and duration.

If you’ve lost your job or hit a financial snag, you may need to seek modification of your alimony payments.

If you need to increase your alimony settlement--and your ex-spouse has the ability to pay more--an alimony modification may be the answer.

Of course, like most things regarding divorce, there are exceptions.

You cannot seek an alimony modification if:

Your original divorce decree awarded no alimony
Your original divorce decree specified un-modifiable alimony agreement
You cannot prove both your need for an alimony increase and your former spouse’s ability to pay

An ex-spouse getting a higher paying job or inheriting a large sum of money isn’t necessarily grounds for seeking higher alimony payments with a divorce modification. You must also prove your own need for higher alimony payments from your ex-spouse.

Similarly, a person seeking a divorce modification for lower alimony payments must prove a significant change in personal circumstances. This could be job loss, inability to find a job, failing health or significant increase in debt.

If the ex-spouse to whom you are paying alimony gets remarried or begins co-habitating with someone else, your alimony obligation will likely be reduced or terminated altogether. You may need to present evidence of your ex-spouse’s changed marital status or living arrangement to the court in order to get your alimony obligation terminated.

Seeking Divorce Modification in Florida

If you’re ready to seek modification of your divorce agreement in the state of Florida, you need a family law attorney who can help you navigate the process.

Laura Spencer Coleman has decades of experience helping Florida residents negotiate amicable changes to their divorce settlements. If we can’t secure amicable changes, we are prepared to fight aggressively for what you deserve.

Contact the law office of Laura Spencer Coleman today.

How Can You Protect Your Children During a Divorce?

Wed, 07 Feb 2018 00:00:00 GMT

For most parents, the main concern when seeking a divorce is how the event will affect their children. Property division, child custody and alimony weigh heavily on divorce proceedings, creating an emotional and often volatile environment for children.

If you’re considering a divorce in the State of Florida, it’s important to prepare yourself and your children for the inevitable changes that will follow.

Here are a few important ways to protect your children during your divorce.

Don't Fight In Front Of Your Children

Divorce is often associated with strong negative emotions--anger, disappointment, sadness, even hopelessness can surface during a divorce. For your children, the time may be even more painful, especially if they’re moving, changing schools and leaving friends.

As you and your ex-spouse navigate the details of your separation, it’s important to shield your children from the negative emotions you may feel towards each other . Constrain heated arguments to private spaces, during times when your children aren’t likely to hear. If you know you’re angry with your spouse, schedule your phone calls or conferences during times when your children are in school or visiting with friends.
Give yourself ample time between tense phone calls or meetings to unwind and regain your composure before seeing your children again . Take a walk, do breathing exercises or try to meditate. If going for a drive helps you relieve the anger or aggression you feel, do it. Find your own personal de-stressing techniques when things with your ex-spouse are most tense.

Don't Insult Your Ex-Spouse In Front Of Your Children

Divorces can bring out the worst in people. The temptation to disparage your former spouse at every turn can be strong. But it’s important to remember that your children love and adore both of you. Hearing mean remarks about either parent will be hurtful for them, during a time when they need your love and support the most.

Study Child Support Laws In Florida

If you’re worried about your or your ex-spouse’s child support payments, you’ll need to seek a knowledgeable family law attorney who can help you navigate the process.

In Florida, the law states that a parent who voluntarily quits his or her job or takes a lower paying job in an attempt to pay less child support can have their income imputed. Imputed income is an assigned income that is higher than what a parent claims to be earning. Therefore, the amount of child support assigned to the parent is higher than if the lower income was accepted by the courts.

Choose A Trustworthy Family Law Attorney

If you’re preparing to file for a divorce in the state of Florida, a trustworthy family law attorney can help you navigate the process.

Laura Spencer Coleman has been practicing family law in Florida for nearly 20 years. She can help you fight for your rights and your children’s rights throughout your divorce proceedings.

Contact Laura Spencer Coleman to learn more today.

What Should You Know About Juvenile Law In Florida?

Tue, 09 Jan 2018 00:00:00 GMT

Has your minor child been arrested for a juvenile crime in the State of Florida? It’s important to have the right information and resources as you prepare to deal with the consequences.

Juvenile Crime in Florida

When a crime in Florida is committed by an individual who is younger than 18 years of age, the crime is considered a juvenile crime.

For crimes committed by juveniles, the process of arrest and conviction is different than the process for adult offenders.

After being arrested for a juvenile crime, your child will be sent to a Juvenile Assessment Center. There, your child will be fingerprinted and booked. She will also be assessed through a Detention Risk Assessment Instrument to determine whether or not she requires secure lock-up.

If it is determined that your child doesn’t require secure lock-up, she will be released to your custody. If she does require secure lock-up, she will be transferred to a Juvenile Detention Center.

She is entitled to a hearing before a judge within 24 hours of being admitted to the JDC.

Juvenile Detention And Custody In Florida

Unless your child has been previously tried and convicted as an adult, he or she cannot be put in jail.

Minors charged with violating a criminal statute are not subject to the same incarceration and jailing laws that adult offenders are.

As we stated before, sometimes a juvenile offender will be sentenced to a short stay in a juvenile detention facility. Juvenile detention facilities are not designed for long-term residence.

If your child is given a long-term rehabilitation sentence, they will be placed in a long-term residential treatment program.

Find A Trustworthy Florida Juvenile Law Attorney

The first step you should take following your child’s arrest for a juvenile crime is finding a trustworthy, knowledgeable juvenile crime attorney.

Laura Spencer Coleman is a Florida native with over 15 years of experience in juvenile crime law.

If you’re searching for compassionate, knowledgeable juvenile law services in Northwest Florida, contact the law offices of Laura Spencer Coleman today .

How Can You Make Joint Custody Work During The Holidays?

Wed, 13 Dec 2017 00:00:00 GMT

The holidays can be a tough time for parents who have recently gotten divorced.

Navigating single parenthood during such a busy time is a challenge, and learning the ins and outs of joint custody (or time-sharing) can make things even more confusing.

As the holidays approach, it’s important to have a time-sharing plan in place-- not only for your children’s well-being, but for your own sanity.

Here are some important tips for making time-sharing work for you during the holidays.

Set A Written Schedule

Some ex-spouses split physical custody of their children evenly. Others have settled on a primary and secondary physical custody arrangement. Whatever you and your ex-spouse have chosen, it’s important to create a schedule for your children’s time during the holidays.

Assign duties for picking the children up from school, driving them to school pageant practice or dropping them off at the other parent’s house.

Know specific times, places and events so you can communicate with your ex-spouse easily and efficiently. Unless it’s an emergency, try not to switch plans at the last minute. This can be irritating and disappointing during a time when stress is already high.

If you’re struggling to reach an agreeable time-sharing schedule for your children’s holiday break, contact a trustworthy family law attorney.

Keep Emotions In Check

The holidays can be a stressful time, especially for recently-divorced parents who are navigating co-parenting for the first time. Time-sharing means your children will spend a scheduled time with your ex-spouse and be away from you during their holiday break.

Missing time with your kids during the holidays can make any parent emotional. However, it’s important to understand that your children need time with both parents. Providing a safe, positive environment for them will help them feel more secure with their new living arrangements.

Keep Things Positive

Even with the mixed emotions of time-sharing during the holidays, it’s important to keep a positive attitude, especially in front of your children.

However you personally feel about your ex-spouse, remember that he or she is as much your children’s parent as you are. Keep your language kind, and try to be as cooperative as possible.

Get Advice From Your Lawyer

If this is your first holiday navigating time-sharing issues, you might find yourself struggling to come to an agreement with your ex-spouse.

Don’t prolong the disagreements. Seek counsel from a family law attorney who can help you and your ex-spouse reach an arrangement that works best for you and your child.

Laura Spencer Coleman is one of Florida’s leading family law attorneys . She provides caring, experienced guidance on navigating child custody and time-sharing disputes in the state of Florida.

Schedule a consultation by calling 850-626-8520 or contact the law firm of Laura Spencer Coleman today.

Divorce for Short-Term Marriages in Florida

Thu, 02 Nov 2017 00:00:00 GMT

Divorce laws are different in every state. If you are filing for divorce in Florida , it's important to understand the specific laws you have to follow as you're going through the process.

In addition to abiding by state laws, you also need to be aware of laws that apply to short-term versus long-term marriages.

What Is A Short-Term Marriage?

In Florida, a short term marriage is one that has lasted for fewer than 7 years .

A moderate-term marriage is a marriage having a duration of greater than seven but less than 17 years, and a long-term marriage is a marriage with a duration of 17 years or more.

Divorce For Short-Term Marriage

If you are seeking a divorce for a marriage lasting fewer than seven years, most of the basic legal grounds for divorce are the same as longer marriages.

In Florida, the marriage must be irretrievably broken , or you will have to establish mental incapacity of one of the parties in which the party was adjudged incapacitated for the prior three years.

If a minor child is involved or one party disagrees that the marriage is irretrievably broken, the court may order both parties to consult with a marriage counselor or some other type of counselor approved by the court. It may also continue the proceedings to allow the parties to reconcile or take other action that may be in the best interest of the spouses and the minor children of the marriage.

When it comes to property division, Florida is an equitable distribution state.

That means that marital assets and debts are distributed in a fair manner. When making determinations for property division, the court considers many factors, including the duration of the marriage. It might make different decisions based on a short-term marriage than it would for a long-term marriage.

The same goes for alimony. Alimony may be granted to either party and is generally determined by the needs of the spouse requesting it and the ability of the other spouse to pay. In Florida, there are four types of alimony: bridge-the-gap, rehabilitative, durational and permanent. If the need for alimony is determined, it will be based on a variety of criteria, including the duration of the marriage.

If you are seeking a divorce after a short-term marriage in Florida, contact the law office of Laura Spencer Coleman . We provide compassionate family law services for Florida residents.

Division Of Military Retirement Benefits in Florida

Tue, 10 Oct 2017 00:00:00 GMT

A divorce can be a trying time in anyone's life. However, a divorce where one member serves in the military can be even more complex, especially when considering what happens to a spouse's military pension after the divorce. The Uniform Services Former Spouse Protection Act allows non-serving spouses to have access to a military pension as a marital asset and enables them to be eligible for additional military benefits and rights, including health care, base access and a military ID card. Here are some things to consider when dividing up a military pension in the state of Florida.

Determining Eligibility For Military Pension Benefits

In general, non-serving spouses of military personnel must be married at least 10 years to receive any portion of their spouse's military pension . These years must overlap with their military experience. Although sometimes a portion of the military pension is awarded to a non-military spouse who has been married for fewer than 10 years, this is not as common. If you have questions about whether or not you'd be entitled to any portion of your spouse's military pension based on the length of time that you were married, it is best to consult with an attorney with experience in military divorce cases.

Understanding Limits Of Access

When you go through a divorce, the family's assets are considered and divided. When it comes to military pensions, non-service spouses do not have access to the entire pension. Rather, they only have access to the amount of the pension that was accrued during the marriage. If the military spouse accrued any money in their pension before the marriage, this may not be subject to the divorce proceedings.

Deciding On A Payout

There are multiple ways to handle the payout of a military pension during a divorce. These include a buyout at the time of the divorce (net present value), predetermined access when the serving spouse is eligible for the funds (deferred distribution) and court-determined access at the time of distribution (reserved jurisdiction). What is possible and preferable will depend on your unique circumstances.

Make the division of military retirement benefits easier with an experienced attorney. They'll know what to do in your situation. Call Laura S. Coleman at 850-665-3008 for the help you need.

Dealing With Child Custody and Child Care During Back to School for Divorced Couples

Mon, 04 Sep 2017 00:00:00 GMT

A new school year brings a new schedule and new challenges to navigate for all parents, especially divorced parents who share custody of a child. Proactively address potential issues before they become problems to help smooth the transition of back-to-school.

Re-Read Your Divorce Papers

Most divorce decrees and settlement agreements include details about custody and responsibility for child care and other expenses, usually written into a parenting plan. Re-read through your papers, and find any instructions about how to modify the visitation schedule if necessary. Also check for any provisions mandating mediation before returning to the court to resolve post-divorce issues.

Communicate, Communicate, Communicate

Discuss the school schedule and any extracurricular activities, and discuss how to arrange for your child's transportation and participation while still allowing the other parent her time with the child. Make a plan for

how you'll handle unexpected

school closings or emergencies or having to pick up your sick child from school. Decide if one of you can stay home with your child or if they'll need child care, and be clear about expectations for paying the costs.

Even the best plans sometimes go awry. Be sure to communicate with your co-parent throughout the school year, and agree to a way to communicate by texting, phone calls, etc.

Write It Down

Once you and your co-parent have made some decisions about child care and custody, document any agreements reached. If appropriate, modify your parenting plan. If only a simple change is to be made and both parents agree, you can file a stipulation of the agreement and request the court's approval. If a new parenting plan is not filed or approved, then the existing plan will remain in effect.

Stick To A Routine

For the benefit of all involved, both parents and your child need to develop a steady routine. As much as possible, keep the same habits and rituals at both parents' houses. For example, dinner and bedtime should be the same, as should insistence on completing homework.

If the other parent is not following the custody arrangement, you need advice about changing the terms of a divorce agreement or you would like to discuss other child custody or child support concerns, then contact the Office of Laura Spencer Coleman , family law expert.

Juvenile Law

Wed, 02 Aug 2017 00:00:00 GMT

People under the age of 18--often referred to as either minors or juveniles--don't usually go through the same court system as adults. Instead, they go through juvenile court. This type of court deals only with juvenile law in order to help minors who have been neglected or abused, or who have committed a crime. The point of any penalties given by juvenile court is to rehabilitate young people--not just punish them--to reduce the chances that they'll continue to break the law as adults.

The Basics of Juvenile Law

Juvenile law deals with legal cases involving minors--most states consider minors to be anyone under the age of eighteen. One of the types of cases a juvenile court might work on is juvenile delinquency, in which a minor has been accused of committing a crime that would have likely been tried in criminal court if an adult had committed it.

Another type of juvenile case is a status offense, which occurs when a minor is accused of violating a law that only applies to people under 18 , such as skipping school or violating curfew. A third type of case a juvenile court might see is a juvenile dependency case, which doesn't involve minors breaking the law at all. Instead, their parents or guardians have been accused of neglecting or abusing them, and the court needs to determine if they should be removed from the home.

What is Juvenile Delinquency?

Juvenile delinquency refers to cases in which minors have broken the law in some way. In most cases, minors who are considered juvenile delinquents are between the ages of about 10 and eighteen . Some of the most common acts they commit include violating curfew, theft, drug use, underage drinking, simple assault and disorderly conduct. It's rare for juvenile courts to deal with more violent criminal offenses, such as rape, robbery or murder, as those types of cases are usually sent to a regular court so the juvenile can be tried as an adult.

In most cases, the penalties juveniles face include fines, driver's license suspension and counseling, though it's also possible for them to have to spend time in a juvenile detention center. In cases of neglect or abuse, the court may determine it's best for the juvenile to live somewhere other than the home of a parent or current guardian, like another family member's residence, a group home or a foster home.

If you need help with a juvenile case, please call Laura Spencer Coleman, P.A. at (850) 626-8520. We have experience with juvenile court cases and want to help you navigate yours so you have some peace of mind when dealing with juvenile law.

How To Divide Marital Assets And Debts When Getting A Divorce

Sun, 02 Jul 2017 00:00:00 GMT

Most couples in America have a fair amount of debts and assets. Debts can include home mortgages, loans for cars, credit card debt, student loan debt, etc. Assets can include savings, stocks, properties, belongings, IRAs and other investments. A couple who decides to proceed with a divorce may not know how to divide marital assets and debts. Here's a brief guide on how this works.

Marital Assets

Assets must be divided based on Separate and Marital Property , which will differ according to the state of residence. In general, separate property includes property that was owned by either spouse prior to marriage, inheritances or gifts received before the marriage, or lawsuit payments received by either party. All other property acquired during your marriage is considered marital property and will be divided equally.

Marital property is all income and assets acquired by either spouse during your marriage. This includes pensions, 401ks, retirement plans, stock options, bonuses, commissions, club memberships, brokerage accounts, bank accounts, real estate, cars, boats and more. The appreciation of any of these properties during the time you were married is also included.

Assets shouldn't just be divided by their current value. It's important to understand which assets are valuable in the short-term and which have long-term financial security.

Marital Debts

Debts are just as important as assets, since they can factor heavily into a couple's or individual's net worth. The court will divide your debts equally as long as the debts were accrued during the time you were married. It is common for a court to award each spouse a percentage of debt that is relative to the amount of assets each party receives.

In the event a former spouse can't pay a debt, creditors will pursue the party to whom that debt was originally assigned, rather than both parties. You can petition the court to enforce the divorce agreement and ensure that you are not held responsible for those debts.

Should you need assistance in family law matters, don't hesitate to reach out. Contact Laura Spencer Coleman , Attorney at Law, to set up an appointment with this caring, dedicated firm.

Property Settlement Agreement And Marital Assets

Fri, 02 Jun 2017 00:00:00 GMT

If you're going through a divorce, you will need to draw up a property settlement agreement to determine how to divide your marital assets. If you're unsure of what to include in this type of agreement, you can get to know some of the basics below. Then you need to talk to a divorce attorney for guidance throughout the process.

What Are Marital Assets?

In many states, including Florida, a marital asset is anything you or your spouse acquired during the marriage. This applies even if you bought an item with your own money or put it in your name only. For example, if your spouse bought a car and did not include your name on the title, it is still a marital asset. This means it is subject to equitable distribution.

Typically, marital assets include the house, car, boat, clothing, jewelry, retirement accounts, savings accounts, artwork and furniture, along with anything else acquired during the marriage. But any items acquired by one spouse before the marriage are nonmarital property and won't be divided up in the property settlement agreement.

What Is A Property Settlement Agreement?

This agreement provides clarity on how you and your former spouse split your marital assets. It's basically a list of the assets each of you would like to keep, and you will both have to come to an agreement on it during the divorce. This is a major step in the divorce process, and one that a lawyer will need to help you with.

What Is The Process Of A Property Settlement Agreement?

In most cases, you and your former spouse will separately draw up agreements that list all of the assets each of you wants. Your lawyer will help you create yours. Then you and your former spouse will each read the other's document. Even if you agree to the list of assets your ex wishes to keep, you should consult with your lawyer before signing it to make sure you will be satisfied with the agreement in the long run. If you cannot agree on what assets each will get, a judge will help decide in court.

To get started on your property settlement agreement, contact Laura Spencer Coleman today to talk to a knowledgeable, compassionate family law attorney in Northwest Florida.

How Does Spring Break Affect Your Child Custody Arrangement?

Fri, 07 Apr 2017 00:00:00 GMT

Sharing custody of your children is especially challenging during school vacations. Here are some things you should know about how spring break affects your child custody arrangement.

Can your ex take your kids on a spring break trip without telling you where they're going?

As long as your custody agreement does not specify that your former spouse cannot take the children to another state during school holidays, then your ex is usually allowed to travel with the children wherever he or she pleases.

If you don't feel comfortable with the situation and really want to know where they are going, remember that by law, such decisions must be made according to the children's best interest. If you feel that your ex may be taking your children someplace dangerous, or if your children are emotionally unstable at this time and cannot travel far, let your lawyer know that this potential trip is coming up. There are ways to prevent these situations from happening, or to make your ex at least tell you his or her travel plans.

Are Both Parents Liable If Kids Get In Trouble On Spring Break?

Usually, the parent with custody at the time of the occurrence will be the one held responsible for the child. But state laws can vary, so it's a good idea to inform your lawyer of the unusual situation. In most cases, if your children are underage, you will be held accountable for anything that happens while they are still in your custody. If you let them go out with friends, it is important to remember this, and have a good talk with your children about the decisions they make while on vacation.

Another thing to remember is if you ever loan your car to your young teen and an accident happens, if you are the car owner, then you will be held accountable for damages made.

Parental criminal liability also means that you may be liable in cases such as your child getting access to (or possessing) illegal firearms or hacking a computer.

Spring break can be a fun family time and a great opportunity to bond with your children. Don't let anything like run-ins with the law get in the way of making it the holiday you will remember for all the right reasons.

Attorney Laura Spencer Coleman has nearly twenty years of experience in family law. If you would like to set an appointment to discuss child custody matters, call her today at (850)-626-8520.

What Is The Legal Process Of Divorce?

Fri, 07 Apr 2017 00:00:00 GMT

Divorce -- officially known as "dissolution of marriage" -- is a complicated legal process with many steps in the state of Florida. If you're thinking of filing for divorce, educate yourself on the process before you begin.

Filling Out Divorce Forms

Your first step is to fill out a form called a Petition for Dissolution of Marriage . On the form, the partner filling out the form is the petitioner, and the other partner is the respondent.

Some states request that you have a reason for filing for divorce. These are called "at fault" states. Florida is not an "at fault" state: Your desire to file for divorce is enough to start the process.

On this form, you'll list any assets, liabilities or responsibilities that will need to be divided up, including property, investments, liquid assets, debts, child custody and so forth. Within 45 days of filing, you'll need to provide further information about your financial information to the court.

Filing And Serving Divorce Forms

If you don't file the forms properly, there may be a delay in processing them, or they may not be filed at all. Look up your circuit court and file the forms there. Some courts may request a filing fee for this service.

You'll also need to serve your partner with the forms. If your partner agrees, you can serve the forms personally or via a lawyer. Otherwise, you may need to get a sheriff or private process server to do this for you.

Your Divorce Hearing

Once you file for divorce, the court will set a date for a hearing. The court will usually grant the divorce if both parties agree that the marriage is "irretrievably broken" or one party is mentally incapacitated.

If one party refuses to agree the marriage is irretrievably broken, or if there is at least one minor child, the court may still choose to dissolve the marriage. However, they may also deny the request and refer the couple to marriage counseling.

If the marriage is dissolved, the court will rule on the distribution of the couple's assets and liabilities as well as child custody and child support. This is perhaps the most difficult part of the proceedings, and it determines a great deal about your financial and personal future.

It's best for you to have a good lawyer to advocate for you through the divorce process. Laura Spencer Coleman is a compassionate, experienced lawyer who will help you make your case. Contact her today to make sure you get what you need out of your divorce hearing.

Child Custody and Unmarried Parents

Thu, 30 Mar 2017 00:00:00 GMT

If you're in the process of separating from a partner to whom you were never married, you might be relieved that you don't have to deal with divorce proceedings. However, if you have children with your partner, you do need to pay attention to the laws surrounding child custody. In particular, if you live in or around Milton, Florida or the Florida Panhandle, it's important that you understand Florida's child custody laws.

Florida Law On Child Custody

As in most states, when the parents are not married, the mother of the child automatically gets the right to primary custody. The only way this is not a given is when the mother is considered an unfit parent, due to problems like drugs, child abuse or incarceration.

If your name is on the birth certificate as the father of the child, this is a good first step toward you getting some type of custody or at least visitation, which is called time sharing in Florida. If your name is not on the birth certificate, you will need to file a Petition to Establish Paternity to prove you are the biological father. After this is clear, you can file petitions to establish either custody -- which is called parental responsibility in Florida -- or time sharing.

Establishing Primary Custody

Once your paternity has been established, you need to determine how much time you want to seek with your child.

If you want to be the primary custodial parent, it will be up to you and your lawyer to show why this would be best for the child. This is because Florida courts go by the best interests of the child when making decisions regarding parental responsibility and time sharing. If you believe you would be the right custodial parent, you typically need to show proof that the child's other parent is unfit. As long as you can prove that you would provide the safest, most stable life for your child, you may have a chance of getting primary custody in Florida. If you have any questions or are ready to proceed with your child custody case, contact family lawyer Laura Spencer Coleman.

You can reach our Milton, FL office at (850) 626-8520.

Gaining Full Custody After Filing For Divorce On Grounds Of Abandonment

Wed, 15 Feb 2017 00:00:00 GMT

If you're thinking of filing for divorce after your spouse abandoned you, you may be wondering how to gain full custody of your children. As you might assume, the fact that your spouse abandoned you will likely affect your chances of being granted full custody by the court. Before you make any decisions, take a look at what abandonment means in Florida, and how you can get started on the process of seeking full custody of your children.

Two Types of Marital Abandonment

In Florida, there are two types of abandonment during a marriage that are grounds for divorce. The one that is most well known is actual abandonment , in which one spouse chooses to pack up his or her things and leave the home. With actual abandonment, the spouse who leaves does not have the intention to ever return home.

The other type of abandonment that leads to a divorce is constructive abandonment . This is when the spouse does not physically leave the house but withholds something important from the other spouse for a year or more. This could be sexual relations, money or any other element that is considered important in marriage. Physical or mental abuse and adultery could also be considered constructive abandonment.

If you're not sure which of these definitions fits your situation, talking to a family lawyer can help you find out if your situation qualifies as abandonment.

Full Custody After Marital Abandonment

If your spouse has abandoned you and you're seeking a full custody arrangement after your divorce is finalized, you may have an advantage in Florida courts. This is because the court is not likely to look favorably on a parent who has deserted his or her family.

Right now, you have de facto custody . This means you automatically have full custody of your children because you're the only one caring for them. Continue to be their sole custodial parent as you get legal help with the divorce. As long as this situation is seen as being in the best interest of the child or children, the court will likely keep it this way, giving you a good chance of getting full custody. Always remember: even if you have full custody of your children and your spouse has abandoned the family, he or she is not free from the responsibility of paying child support.

If your divorce situation is complicated, you may need to compose a parenting plan with an experienced family lawyer.

Laura Spencer Coleman can help you file your petition for dissolution of marriage, compose your parenting plan, and negotiate

It's A VERY Thin Line Between Fan And Stalker

Mon, 23 Jan 2017 00:00:00 GMT

Did you know that over 7.5 million people are stalked each year in the United States? An estimated fifteen percent of women and six percent of men have been victims of stalking at some point in their lives. It’s important to become more aware of the signs and actions that can be considered stalking by law online or in person, so you can better protect yourself.

What is Stalking?

Stalking is general defined as a course of action that would put a reasonable person in a state of fear. Stalking can also be committed through both verbal and nonverbal actions. In Florida, one of the keys to behavior being defined as stalking is repetition. The person engaging in the stalking must have followed or harassed the victim more than once. You should talk to an attorney if you have questions about what behavior constitutes repeated incidents.

Cyberstalking falls under the general category of stalking. Florida Statute 784.048 characterizes cyberstalking as a course of conduct involving electronic communication directed at a specific person. The conduct must cause substantial emotional distress to that person and serve no legitimate purpose. You can learn more about stalking and cyberstalking from the Stalking Resource Center.

Understanding Florida Law on Stalking, Cyberstalking, and Domestic Violence

Florida considers both stalking and cyberstalking to be forms of domestic violence. The state defines domestic violence as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. You can file for a restraining order if an individual has contacted you many times within a short period, even if they have not threatened you with violence.

If you are a victim of stalking or cyberstalking, a judge can enter a domestic violence injunction in your favor. A judge can also enter such an injunction in your favor if you have reasonable cause to believe you are in imminent danger of becoming a victim.

Filing for a restraining order is an important step . Your petition should explain the relationship between you and the other person. It should also show the history of the other person\'s contact with you and the threats they have made against you. The key to filing a successful petition is clarity.

If you or someone you know is a victim of stalking, cyberstalking or domestic violence and would like advice on what you can do to stop your stalker, contact Attorney Laura Spencer Coleman today. She handles cases throughout the Northwest Florida region. Call (850) 626-8520 to schedule a consultation to discuss your case.

The Truth About Filing For A Military Divorce

Thu, 01 Dec 2016 00:00:00 GMT

Although any divorce can be complicated, a military divorce has its own particular difficulties. Both federal and state laws apply to the dissolution of a marriage between members of the military and their spouses. If you are in this situation, you need specialized help from a family law attorney.

Where Can You File for a Military Divorce?

Although laws vary in different states , generally military divorces can be filed in the state where the military member has a legal residence, the state where the person filing lives, or the state where the military member is currently stationed. This rule can simplify the filing process and also has great bearing on child support and child custody issues. Before you decide where to file, you should research the divorce laws of each possible state and choose the one that best benefits you and your family. For instance, the difference between the laws in Florida and Georgia may differ substantially.

The Servicemembers Civil Relief Act

The SCRA protects active duty service members in case of divorce. Obviously, while you are deployed, you may not be able to immediately respond to a divorce action. The SCRA allows you to delay the divorce while you are actively serving. A judge can grant a series of stays until you are able to hire counsel and properly respond. Remember that these stays must be requested in writing. You can get advice about applying for a stay through military legal services; however, you will need to hire a family law attorney to attend to the actual divorce.

Military Pensions

The division of a military pension following a divorce can be a complicated issue. Pension division for military members and ex-spouses may differ from state to state. Many military retirement plans are defined-benefit plans and are considered community property that can be divided in the divorce.

If the military spouse is not eligible for retirement at the time of your divorce proceedings, a decision on division of the plan can still be made. In figuring out how much an ex-spouse is entitled to from the military spouse’s pension the state judge will utilize a formula based on the length of the marriage and the amount of time the service member spent in the service while married. It’s important to note that if the marriage lasted no less than 10 years and overlaps with time spent in the service by a military spouse, the non-member ex-spouse will receive payments directly from DFAS (Defense Finance and Accounting Services).

If the length of marriage doesn’t meet the requirements, the service member will be required to pay the non-member spouse their portion directly. The parties can also agree to divide the retirement in any fashion that they choose, or the non-service member may choose to waive the retirement entirely, however, in the absence of an agreement to the contrary, the court has very little discretion in its division. Overall, many factors go into calculating the division of military pensions and should be discussed with an attorney who is well versed in military divorce law.

Choosing a Trustworthy Military Divorce Attorney in Florida

If you’re involved in a military divorce, the issues you face are different than what the civilian population faces. As a result, you need to understand both state and federal law. You may get initial advice from military lawyers, but to protect your assets, you need to contact a family law expert like Attorney Laura Spencer Coleman as soon as possible. She handles family law cases throughout the Florida Panhandle. To schedule a consultation with Laura Spencer Coleman, call (850)-626-8520 today.