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  • Michael Fender 6:41 am on January 30, 2010 Permalink | Reply
    Tags: , , , duty, , ,   

    Parents’ Duty to Support Child of the Marriage and Adopted Child 

    The parents of a minor child have a duty to support and educate the child and must provide the child with adequate food, clothing, and shelter. Each parent’s duty of support continues while the marriage exists and after its dissolution, unless the child is adopted by a stepparent or by another person.

    The duty of providing child support generally arises either contractually or from parenthood. Thus, in the absence of an enforceable agreement to provide support, a former spouse has no legal duty to support a child who is not his or her natural or adopted child. A former spouse may be equitably estopped from repudiating a child for purposes of support, however, when the spouse has enjoyed the benefits of being a parent, among which are having received the child’s love and affection over an extended period of time. For example, a husband who was neither the biological nor the adoptive father of a child was equitably estopped from repudiating paternity of the child where the husband, from the child’s birth until the child reached the age of nine, had completely and willingly assumed the role of father. Until dissolution of the marriage, however, a husband stands in loco parentis (in the place of a parent) to his wife’s child born during the marriage; this relationship creates a duty of support even if the man is not the child’s natural or adoptive father.

    Because a duty of support is owed to the child, one parent cannot relieve the other of this responsibility without court approval. Further, prior to enactment of the “shared parental responsibility” concept, the burden of child support could not be shifted from a noncustodial parent merely because his or her former spouse (the custodial parent) had remarried, and this rule appears to remain valid despite amendment of the custody laws to permit shared parental responsibility. However, the remarriage of the spouse with primary residential responsibility may affect his or her financial ability to contribute a greater share of the child’s support, which could be a factor in determining changed circumstances.

    The duty of support is nondelegable, even if the child does not live with either parent. Accordingly, if a parent neglects to provide support, a person who contributes to the support of the child is entitled to reimbursement from the parent.

    At any time during a proceeding for dissolution of a marriage, the court has the authority to order either or both parents to pay child support. In addition, the court has continuing jurisdiction to modify its orders and to require the parent with primary residential responsibility to account for expenditures made from child support received by him or her. A parent may seek an order to compel the other parent to pay child support at any time, regardless of any previous adjudication or opportunity to litigate the issue.

    ____________________________________________________________________________________

    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Fender’s website.

     

  • Michael Fender 11:51 am on January 28, 2010 Permalink | Reply
    Tags: , ,   

    What Happens to the Marital Home? 

    WHAT HAPPENS TO THE MARITAL HOME?
    There are several different ways to tackle the issue of what happens to the marital home. First and most obvious, the home can be sold with the equity being split in some fashion by the parties.
    Secondly, one party can buy-out the interest of the other party. This can be done by acquiring the fair market value from three reputable realtors and taking an average. The party who is going to remain as owner should re-finance the mortgage to remove the non-owner from any liability. Additionally, the party being bought-out should quit claim deed whatever interest he or she has in the property. The quit claim deed should then be properly recorded with the County Recorder.
    Thirdly, the parties can agree to remain joint owners of the property until some specific date or time frame (for example, when the youngest child completes high school). Upon the happening of that date or time frame, it can be dictated as to what will happen with the property. It is possible that one party will receive one-half of the equity that was present at the time of dissolution. It is possible that one party will receive one-half of the equity at the time of sale or re-finance.
    As you can see, the possibilities are endless and are only limited by the imagination of the parties and their attorneys.
    Regardless of what is ultimately decided, make sure that your Judgment and/or Settlement Agreement is highly detailed. There should be no confusion as to who shall pay the mortgage, taxes, insurance and utilities until the property is effectively divided.

    ________________________________________________________________________

    Attorney Michael Fender has been representing spouses for past 18 years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Michael Fender’s main website.

     

  • Michael Fender 11:33 am on January 28, 2010 Permalink | Reply
    Tags: , , uncontested divorce   

    Uncontested Divorces 

    Uncontested Divorce
    An Uncontested Divorce is a divorce case where both parties are in total agreement on all issues including timesharing issues with the child(ren) or custody, child support, alimony or spousal support if it applies, and equitable distribution or division of marital property, and division of marital debts. This allows for the case to be finalized in one court date. A typical uncontested divorce case can be completed within four to six weeks. All required documents are prepared by the attorney and sent out for signatures. Once the documents have been returned, they are filed with the Clerk of the Circuit Court. A court date can then be set where the proposed Judgment and attached Agreements can be submitted before a Judge for approval. Once the Judge signs the Judgment for Dissolution, it is official.
    Uncontested Divorces are more common than many people think. Some people are surprised to learn that parties can mutually agree upon the terms of their dissolution. Not every case involves a highly contested custody battle requiring often substantial legal fees and costs. To the contrary, many couples have no children, little property to divide and little joint debt. In those cases, an uncontested divorce is the best option for both parties. It brings a quick and swift resolution to a broken relationship, it saves the parties time, money and heartache and it takes the decision making out of the hands of Judges. It effectively allows the parties to decide how to complete their divorce on their terms.
    Uncontested divorces are a lot less costly and time consuming.

    ________________________________________________________________________

    Attorney Michael Fender has been representing spouses for past 18 years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Michael Fender’s main website.

     

  • Michael Fender 3:09 pm on January 26, 2010 Permalink | Reply
    Tags: , Lemon law,   

    Lemon law in Orlando, Florida 

    Florida’s Lemon Law applies to NEW or demonstrator vehicles sold or long-term leased in the state of Florida. When consumers buy or lease a new or demonstrator motor vehicle, they must receive from the selling dealer or lessor the “Consumer Guide to the Florida Lemon Law.” This publication explains consumer rights, gives steps to follow to resolve problems, contains a toll-free number for the Lemon Law Hotline and a form the consumer can use to notify the manufacturer of chronic defects and time out of service for repair.

    Is my vehicle covered?
    Florida’s Lemon Law only applies to NEW or demonstrator vehicles sold in the state of Florida. New or demonstrator vehicles that are leased in Florida are also covered, if they are lease-purchased, or if the lease is for one year or more and the lessee is responsible for taking the vehicle in for repair. If the vehicle is transferred from one consumer to another during the first 24 months after delivery to the original consumer, and both consumers use the vehicle for personal, family or household purposes, the consumer to whom the vehicle is transferred may be covered under the Lemon Law.
    The Lemon Law Does NOT Cover:
    Trucks weighing more than 10,000 pounds gross vehicle weight;
    Off-road vehicles;
    Vehicles which are purchased for purposes of resale;
    Motorcycles and mopeds;
    The living facilities of recreation vehicles.

    How The Florida Lemon Law Works
    The Lemon Law covers defects or conditions that substantially impair the use, value or safety of the new or demonstrator vehicle (these are called “nonconformities”). These defects must be first reported to the manufacturer or it authorized service agent (usually, this is the dealer) during the “Lemon Law Rights Period,” which is the first 24 months after the date of delivery of the motor vehicle to the consumer. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent. DO NOT DELAY in reporting a problem as this may cost valuable time and protection.
    Consumers should KEEP RECORDS of all repairs and maintenance. A written repair order should be obtained from the service agent (dealer) for each examination or repair under the warranty. The consumer should note the date the vehicle was taken in for repair and date he or she was notified that work was completed. Odometer mileage when the vehicle was taken to the shop and when it was picked up after repair should also be noted. Consumers should keep all receipts or invoices for payment of expenses related to the purchase/lease of the vehicle and to any repair.

    If the vehicle has been back to the service agent for repair of the same recurring problem at least three times, the consumer gives written notification by certified, registered or express mail, to the manufacturer (not the dealer) to afford a final opportunity to repair the vehicle. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may used for this purpose. Upon receipt of the notification, the manufacturer has 10 days to direct the consumer to a reasonably accessible repair facility, and then up to 10 days from delivery of the vehicle to fix it.
    If the vehicle is in and out of the authorized repair shop for repair of one or more different problems for 15 or more cumulative days, the consumer gives written notification of this fact to the manufacturer (not the dealer), by certified, registered or express mail. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may used for this purpose. After the manufacturer’s receipt of the notification, the manufacturer or its authorized service agent must have at least one opportunity to inspect or repair the vehicle. The consumer may be eligible for a purchase price refund or a replacement vehicle if the vehicle is out of service for repair for a cumulative total of 30 or more days.
    If the manufacturer does not provide a refund or a replacement vehicle, consumers may invoke their rights through one or two arbitration programs. The dispute must be submitted for arbitration to a manufacturer sponsored program, if that program was certified by the State of Florida when the consumer purchased or leased the vehicle and the manufacturer’s warranty or other written material explained how and where to file a claim with a state-certified program.

    If a manufacturer has no state-certified program, or if the manufacturer has a state-certified program, but the program fails to make a decision in 40 days, or the consumer is not satisfied with the state-certified program’s decision, the dispute must be submitted to the Florida New Motor Vehicle Arbitration Board, which is administered by the Office of the Attorney General. The consumer initiates the process by contacting the Lemon Law Hotline (1-800-321-5366; 1-850-488-2221) to obtain a Request for Arbitration form. The form is submitted for eligibility screening to the Department of Agriculture and Consumer Services, Division of Consumer Services.
    Once a case is approved for arbitration before the Florida New Motor Vehicle Arbitration Board, a hearing will be scheduled within 40 days. A panel of three arbitrators hears the case at a location that is reasonably convenient for the consumer. Hearings are held during normal working hours and are conducted in accordance with Florida’s Open Meetings Law. Arbitration hearings are conducted in English. Consumers who do not speak or understand English must bring an interpreter to the hearing, at the consumer’s expense. The interpreter should be fluent in both languages, since the hearing may contain very technical evidence that must be translated precisely. At the hearing’s conclusion, the board renders an oral decision which is subsequently reduced to writing and mailed to the consumer and the manufacturer.
    If the board determines the vehicle is a “lemon,” the consumer is awarded either a replacement vehicle or a refund (the Consumer may choose whether they want a refund instead of a replacement vehicle), including costs incurred in connection with the acquisition of the vehicle (collateral charges) and costs directly caused by the substantial defect which resulted in the award (incidental charges). The consumer is charged an offset for the use of the vehicle. The offset is calculated according to a statutory formula based on the mileage attributable to the consumer as of the date of settlement or an arbitration hearing, whichever occurs first. The case is dismissed if the board rules in favor of the manufacturer. Decisions of the board are final unless an appeal is filed with the circuit court within 30 days. If the award is not appealed, the manufacturer must comply within 40 days of receipt of the written decision.
    ____________________________________________________________________

    Attorney Michael Fender represented a consumer against Ford Motor Company in a Florida Lemon Law action at arbitration, circuit court trial, and on appeal. Orlando attorney Michael Fender, with his office in Altamonte Springs, Florida, obtained a treble damage award at the trial court level which award was affirmed on appeal in a written decision. Please contact Michael Fender’s office to schedule an appointment to discuss your lemon law claim.

     

  • Michael Fender 3:04 pm on January 26, 2010 Permalink | Reply
    Tags: annulment, , ,   

    Annulment in Orlando, Florida 

    It is important to understand the difference between an annulment and a dissolution of marriage or divorce. A divorce seeks to terminate a valid marriage, whereas an annulment seeks to have a marriage declared invalid. In many cases it may be advisable to sue the divorce procedure even if an annulment is technically appropriate. This is because the divorce procedure is clearly spelled out in Chapter 61, Florida Statutes; whereas there are no statutory provisions for annulments, which are only covered by sparse case law. An annulment is usually preferred for religious reasons, and is accompanied by a church annulment procedure.
    There are various grounds fro annulment. Some of these grounds result in the marriage being “void,” and other grounds result in the marriage being “voidable.” There are important differences between the two.
    In general, a void marriage confers no legal rights on the parties. A void marriage can be asserted at any time, by an interested party in any proceeding where the existence of the marriage is a material fact. A void marriage may be asserted even after the death of the husband or wife (such as by heirs who would benefit from the marriage being declared void). Children of a void marriage are generally considered illegitimate , although this may have little practical effect under Florida law. The innocent party’s actions, after learning of the situation rendering the marriage void, do not bar an annulment action. Void marriage includes those situations where there is (1) a lack of actual consent; (2) a lack of legal capacity based on nonage, incest or bigamy; and, (3) a lack of mental capacity.
    A voidable marriage is valid until either the husband or the wife has it annulled. The claim that the marriage is voidable may only be asserted by one of the parties to the marriage, and only while both parties are alive. The death of either the husband or the wife prohibits any such assertion, and the marriage become valid. The surviving spouse is still entitled to his or her inheritance. The party’s actions, after learning the voidability of the marriage, may bar an annulment. Continued cohabitation may ratify the marriage. Voidable marriages includes those marriage based on fraud or duress.
    It should also be noted that common law marriage in Florida was abolished effective January 1, 1986, and that any such marriage is void. Threfore, there is no need to seek either annulment or dissolution of such a marriage.
    It should further be noted that recent case law provides that an innocent spouse may be entitled to alimony in an annulment lawsuit.
    _________________________________

    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Michael Fender’s main website.

     

  • Michael Fender 2:30 pm on January 26, 2010 Permalink | Reply
    Tags: , , shared parenting   

    Shared Parenting Guidelines in Orlando, Florida 

    The safety, financial security and well-being of the children involved in your Orlando, Orange County, divorce case are the Court’s primary concern. Parents should follow these guidelines:

    It is the law, except in certain rare circumstances, that both parents will share parental responsibility for all minor children involved in this case. The law requires parents to share the children’s time and to participate together in making all important decisions concerning the children. The law expects parents to put aside their feelings and cooperate on all decisions involving the children. Therefore, parents must recognize the following:

    Children have a right to a loving, open and continuing relationship with both parents. They have the right to express love, affection and respect for one parent in the presence of the other parent.

    Neither parent may alienate a child’s affection for the other parent.

    Parents must separate any bad feelings for one another from their duties as parents. Their duty is to share the children’s time and share in making parenting decisions. Children must be free to draw their own conclusions about each parent, without the prejudicial influences of the other parent.

    Children have the right to never hear a parent, or a relative or friend of a parent, run down or degrade the other parent.

    Children have the right to be free from guilt because the parents have decided to separate. They are entitled to honest answers to questions about changes taking place in family makeup.

    Parents should never be so preoccupied with their own problems that they fail to meet the children’s needs. Separation of the parents usually has a worse impact on the children than on the parents, a fact both parents should never forget.

    Each parent should openly, honestly, respectfully and regularly communicate with the other parent to avoid misunderstandings. They should never argue about the children in front of them.

    Parents should discuss all differences regarding their separation and financial issues between them and parenting decisions out of the presence of the child. Both parents should always try to present a united front in handling any problems with the children.

    Generally, children have the right to regular and continuing contact with both parents. Parents should arrange all visitations and exchanges together and not through the child. The child should never be the messenger between the parents.

    Visitation plans should be kept and never cancelled unless absolutely necessary. If plans change, children should be given an explanation, preferably in advance and by the parent causing the cancellation.

    Common courtesies (politeness, promptness, readiness, calling to notify if one is going to be late) should always be observed when picking up and dropping off children. These times can be very stressful on children, so it is imperative that parents always behave as responsible adults. Between visits, children should be encouraged to contact the absent parent by letter and phone, frequently and continuously.

    Parent/child access and child support, while they may be emotionally connected, are separate and distinct under the law. Accordingly, a child’s right of access to his or her parent is not contingent upon the payment of child support.

    A child should never be the delivery person for support payments.

    Both parents are entitled, to participate in and attend all special activities in which their children are engaged, such as religious activities, school programs, sports events and other extra-curricular activities and programs.
    _________________________________
    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Michael Fender’s main website.

     

  • Michael Fender 11:51 am on January 25, 2010 Permalink | Reply
    Tags: , , , , , ,   

    Pitfalls of Do-It-Yourself Divorce in Orlando, Florida
    It may seem like the quickest, simplest, and cheapest alternative: go online or get some forms from the office supply store and write up your own divorce. After all, in Florida, divorce is no-fault, so you simply have to assert that your marriage is irretrievably broken. Is there a reason to spend the money for a lawyer?
    As and Orlando and central Florida family law attorney with 18 years of experience, lawyer Michael Fender has seen the hazards of do-it-yourself divorce. Marriage is a powerful legal institution, and the dissolution of marriage must be handled carefully in order to ensure that the parties to the divorce actually get what they think they are getting — a fair and permanent settlement.

    Orlando attorney Michael Fender is an experienced divorce attorney who has had to repair damage from attempted “economy” divorces when clients came to him facing threats posed by simple errors:
    A check in the wrong box
    A single poorly chosen word concerning the marital home
    A failure to file a required document
    In some cases it turned out the couple, years after signing a divorce agreement, was never divorced at all!
    Failure to properly account for and divide retirement accounts
    If you have a good working relationship with your spouse, you may be surprised at how economical it is to have an experienced lawyer review your agreement with your spouse, ensure proper filings are made, and provide the protection you and your children need as you begin to rebuild your life.
    Whatever stage you are at in your divorce — considering a separation, negotiating a custody agreement, negotiating a property distribution agreement, or preparing to file for divorce — contact our Orange County and Seminole County law firm. You will speak with a divorce lawyer, not just an assistant or a paralegal.

    __________________________________________________________________

    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Michael Fender’s main website.

     

  • Michael Fender 6:12 pm on January 24, 2010 Permalink | Reply
    Tags: , , ,   

    Prenuptial Agreements 

    What is a prenuptial agreement?
    A prenuptial agreement is a contract entered into by two people who are to be married. The purpose of a Prenuptial Agreement is to set forth certain rights for each party in the event of a divorce. Sometimes provisions for property distribution upon death are included, but such provisions are better placed in a Last Will and Testament.

    Why do people get prenuptial agreements?
    The most common reason for a Prenuptial Agreement is to protect property that one or both parties owned before the marriage from becoming divided upon divorce.

    What is an “antenuptial agreement” or a “premarital agreement”?
    These are all synonyms for a Prenuptial Agreement. They all refer to the same concept, the same type of document.

    Can I sign a prenuptial or post-nuptial agreement after I get married?
    Yes. It would be called a “Post-Nuptial Agreement” and Florida law does currently recognize such documents.

    Does everyone getting married need a Prenuptial Agreement?
    Prenuptial agreements are not for everyone. Prenuptial Agreements are generally utilized by parties who have considerable assets prior to the marriage and want to keep those assets separate or those who have been through a divorce and want to minimize the cost and time if they unfortunately go through another divorce. Without a prenuptial agreement, it is possible in certain circumstances for separate or premarital property to lose its separate quality and it can then become marital property or can be used to pay alimony.

    Can a Prenuptial Agreement cover alimony?
    Sometimes, Prenuptial Agreements are used to limit, establish or eliminate alimony in the event of a divorce.

    Can a Prenuptial Agreement affect child custody or child support?
    Generally speaking, Prenuptial Agreements do not deal with child custody or child support. Judges make the final decision on custody, and parties cannot pre-determine child support because the law regards child support as being a right for a child, and parties cannot override that right. Custody also must be determined AT THE TIME OF THE DISPUTE since no one can predict all the circumstances which will exist at the time of a custody dispute.

    I already have a house and property and I want to protect it. Will a Prenuptial Agreement help?
    Yes. If you own property before the marriage and you want to protect that property in the event of divorce, a well drafted and enforceable Prenuptial Agreement can make it easier for you to keep that property in the event of a divorce.

    Do I need my own lawyer if my fiancé’s attorney prepared a Prenuptial Agreement?
    Yes. It is important to have your own counsel explain fully the proposed Agreement and the potential pitfalls that could affect you in the event of a divorce. Your attorney can suggest changes to the proposed Agreement that can dramatically affect to your benefit what happens in the event of a divorce.

    Does my fiancé need their own lawyer if my attorney prepares a Prenuptial Agreement?
    Yes. Not only does it make it more fair (each side has independent advice), it also makes it more enforceable since neither can later argue that they did not understand what they were signing.

    Even if my spouse and I have a Prenuptial Agreement, can we change the terms later?
    Yes. You can “re-up the Prenup” by having your attorney prepare an addendum to the original Agreement. After that has been properly signed and witnessed, it becomes a part of the original Agreement and will reflect the new terms you have changed.

    What if my spouse and I decide, after years of marriage, that we no longer want to have the Prenuptial Agreement in effect?
    Most well-written Prenuptial Agreements will contain a provision that dictates exactly how to cancel the Prenuptial Agreement so that it is no longer in effect. Further, your attorney can build in “sunset” provisions to the original Prenuptial Agreement that provide for its automatic cancellation after an agreed-upon amount of years.

    Will a Prenuptial Agreement determine how my spouse’s property is distributed after his/her death?
    Not unless you insist on such a provision. It is strongly recommended that you each have a Last Will and Testament to cover what happens to property upon the death of a spouse. Generally, a good Prenuptial Agreement will contain language that says that either of you are free to give or will away any property you want to the other party.

    Are Prenuptial Agreements expensive?
    As is in most cases, the cost is based on how long it takes your attorney to prepare the Agreement. Prenuptial Agreements take a lot of time to prepare since they are an attempt to resolve disputes which have not yet occurred and which are based upon factors which do not yet exist (changes in income, assets, the birth of children, etc.) In some limited cases, Prenuptial Agreements can be prepared on a “flat fee” basis. See your attorney for more complete fee and cost information.

    ____________________________________________________________________________________

    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Fender’s website.

     

  • Michael Fender 5:46 pm on January 23, 2010 Permalink | Reply
    Tags: , , Domestic Violence,   

    Domestic Violence
    At the Law Office of Michael Fender, I have been helping men and women throughout the Greater Orlando area to deal with domestic violence-related issues since 1992. If you have a domestic violence concern of any type, please do not hesitate to call or contact my office.
    Stopping Domestic Violence
    Domestic violence is defined as violence that occurs in the home, usually between family members, spouses, or partners. If you are a victim of domestic violence, the first thing to do is call the police.
    Once the police have been called and you have been removed from any danger, you can request an emergency restraining order from the Clerk of Court. During this time, you should consider seeking out the advice and counsel of a domestic violence lawyer.
    My firm is very familiar with the procedures involved in obtaining restraining orders. We can go to court on your behalf, on an emergency basis and without notice to the perpetrator (in some cases), in order to get a temporary restraining order or permanent restraining order issued against the person who is hurting you.
    In order to get a long-term restraining order from the court, the alleged victim must have evidence that they are afraid of the perpetrator and that their fear is based on past domestic violence and the threat of future violence. If the court grants the restraining order, and the perpetrator violates the order, the victim can call the police and have the perpetrator arrested.
    Child Custody and Domestic Violence
    In the context of family law, particularly child custody disputes, restraining orders can be problematic. If you have a restraining order taken out against you, and you are involved in a child custody dispute, you will be at a disadvantage. It is important to seek legal counsel immediately in order to protect your civil rights.
    Likewise, if you are the victim of violence and have taken a restraining order out on someone with whom you are involved in a custody dispute, it is equally important to seek legal counsel immediately to ensure that the court hears all necessary and relevant evidence that your legal counsel can gather.
    My firm has handled many custody disputes that involve violence.

    Call today for a free initial consultation. We want to help you.

    ____________________________________________________________________________________

    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Fender’s website.

     

  • Michael Fender 9:50 am on January 22, 2010 Permalink | Reply
    Tags: , common law marriage, , ira,   

    Common Law Marriage 

    What is common law marriage, and does that work in Florida?
    In some states, if you live together for a certain amount of time, and hold yourself out as married, you can be legally considered married, without a marriage license or ceremony. Currently, only ten (10) states recognize this theory: Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, Pennsylvania and Texas, and Washington D.C. Florida is not on this list. However, if you are previously considered married in one of these common law states, and later move to Florida, Florida will recognize the previous common law marriage.
    ________________________________
    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Fender’s website.

     

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