Law Offices of Kenneth D. Morse

09/03/2021

What you should know about property division during divorce in Orlando Florida.

What you should know about property division during divorce in Orlando Florida

07/24/2021

Important factors in deciding child custody in Florida

Going through a divorce in which children are involved can be exceedingly trying and emotional for all parties. In nearly every case, the decision as to which parent will primarily care for the child as well as who the child will live with must be made. Sometimes the parents are in agreement, and th...

05/13/2021

What to do with the marital home during your divorce.

For many couples in and around Orlando Florida, the marital home is their most valuable asset. Some people also have a sentimental attachment to their homes, so deciding what should happen to the home during a divorce proceeding can be extremely difficult.

Ultimately, divorcing couples often have to choose between one of two options: selling the marital home and dividing the equity, or one spouse getting the marital home as part of his or her share of the property settlement.

Deciding which option to choose depends on many factors, including whether either spouse has a strong desire to stay in the home, and the ability of the spouse who wants to stay to keep up with payments on the home — with or without the help of alimony payments.

If one spouse does decide to stay in the home, the other spouse will need to be removed from the mortgage by refinancing the loan. That means the spouse who stays in the home must be able to qualify for a new mortgage on his or her own (or with a co-signer).

The spouse that moves out must be taken off of the mortgage or he or she could be held liable if payments are not made on the home.
Of course, the first issue that needs to be addressed is whether the home is considered martial property in the first place.

If the home was purchased by one spouse prior to the marriage, but marital funds were used to make payments on the home, then the equity in the home is likely both separate and marital property in nature. But if the home was inherited by one spouse, it is possible that the home could be considered separate property and not subject to division during divorce.
An experienced Orlando Divorce Attorney can weigh in all of these issues and provide advice geared toward your unique situation.

04/12/2021

How allegations of abuse can impact a divorce.

As you have probably heard, most states, including Florida, have no-fault grounds for divorce. Other than meeting the residency requirement, the only "grounds" you need to file for divorce in Florida is proving that the marriage is "irretrievably broken."
But fault still comes into play in some divorce cases, including when domestic abuse is alleged. In fact, abuse allegations can affect issues such as property division, alimony, and child custody and visitation. For that reason, it's important to take abuse allegations very seriously in divorce cases.

If you are a spouse who has been victimized by abuse, then bringing the allegations forward could cause you to receive a larger share of the marital property or higher alimony. Most importantly, though, it can offer you protection from your abuser under the law, if needed.

To do this, you can ask the court to put a Protection from Abuse, or PFA, order in place, which requires your spouse to stay away from you. If you spouse violates the order, he or she can be sent to jail.
If you are a spouse who has been accused of abuse, you will want to take the accusations very seriously because they could impact your entire future. In addition to affecting the property division and alimony decisions, as explained above, child custody and visitation can also be greatly impacted.

Ultimately, no matter if you are the victim or abuse or you have been accused of abuse, it's very important to speak with an experienced family law attorney about protecting your rights. The state of Florida takes abuse allegations very seriously, and you should too.

03/05/2021

Can you file as head of household on your federal taxes? https://morselaw.com/can-you-file-as-head-of-household-on-your-federal-taxes

02/13/2021

What are the steps involved in a contested divorce in Orlando Florida?

contested divorce in Orlando Florida

01/09/2021

Grounds for divorce in Florida.

Grounds for divorce from Orlando divorce attorney Kenneth D. Morse

12/04/2020

Post-divorce holiday parenting tips

Divorce and holidays, holidays and children, holiday parenting schedule

11/01/2020

How does a Florida judge decide who should get custody of a child?

On behalf of Orlando Family Attorney Kenneth D. Morse posted in Child Custody. Child custody in Orlando and Central Florida has changed significantly over the past few decades. Years ago, mothers were almost always awarded primary custody of the children while fathers were granted limited visitation...

09/30/2020

As child custody and visitation lawyers in Orlando/Central Florida, we know that child custody is one of the most challenging and emotionally-charged legal issues that people face in their divorce. If you are involved in a divorce or a custody dispute with u***d parents, you need the help and experience of a qualified Florida legal team. Our family law firm has helped parents make the best decisions for their children and get the outcomes they deserve. (407) 422-2411

09/29/2020

No one wants to think about the possibility their marriage might end in divorce, but when it comes to the company you’ve painstakingly built, “better safe than sorry” can be a wise approach.

A prenuptial agreement, or prenup, gives you an opportunity to set forth directives of how your business would be handled in the event of divorce.

09/27/2020

For children, separation and divorce can be an especially sad, stressful, and confusing time. But there are ways to help your kids cope with the upheaval of a breakup.

Divorce can be especially tough on kids. But there's plenty you can do to help them cope.