Orlando Family Law Blog

Different immigration statuses have different divorce risks

Divorce changes your family and your life in unpredictable ways. One of the important considerations of divorce that people often overlook initially is how it could affect the immigration process if they are trying to become a naturalized citizen of the United States of America.

Every immigration situation, like every divorce, is unique. However, there are certain general rules that apply to non-citizens getting divorced in the United States. Understanding how your marriage impacts your visa or green card can help you make more informed decisions about potentially ending it.

A late in life divorce can have ramifications for your retirement

If you're like a lot of Floridians, then you've spent your entire life building your wealth to prepare yourself for retirement. As gratifying as that accumulation can be, it can also serve as a punch to the gut when that wealth is threatened by divorce. This is especially true given that these older individuals, unlike their younger counterparts, are unable to dedicate the time needed to rebuild their nest egg. That is why on a daily basis, older Floridians find themselves trying to figure out how a divorce will affect their retirement and how best to confront the matter to protect themselves as fully as possible.

There are a lot of ways that divorce can affect your retirement. The obvious way is that it might push back your anticipated retirement date. Unless you're fortunate enough to have a prenuptial or postnuptial agreement to protect your financial well-being, your divorce's property division process will likely result in you losing at least some of your assets to your former spouse. If that loss is significant, then you might want to hold off on retirement until you can generate enough income to make yourself comfortable with full retirement.

How domestic violence affects children

As we have discussed previously on this blog, there are many factors that go into determining what constitutes a child's best interest for child custody purposes. Matters such as each parent's financial health, mental well-being, and relationship with the child can all play a significant role in a court's child custody determination. Other issues can have a profound impact, too. For example, we previously discussed the effects of substance abuse on a child's welfare. A child who is exposed to substance abuse can develop social and emotional issues that are detrimental to their well-being. This evidence can be powerful at a child custody hearing.

Likewise, domestic violence can cause irreparable harm to a child. The child in question doesn't have to be the subject of the abuse, either. Instead, mere exposure to domestic violence can increase a child's risk of engaging in risky behaviors and developing mental health conditions such as depression and anxiety. These children also often develop feelings of guilt, frustration, shame, fear for the future, and abandonment.

Florida courts can order electronic communication with children

The outcome of a child custody dispute can reshape your relationship with your child. If a court determines that one parent should have sole physical custody of the child with limited visitation with the noncustodial parent, then that noncustodial parent may struggle to maintain and build the bond between him or herself and his or her child. This is why Florida parents need to be prepared with strong legal arguments when dealing with these matters.

There may be other ways to ensure contact with your child, though. Under Florida law, a legal presumption exists indicating that reasonable phone contact between a child and his or her parents is in the child's best interests. This presumption can be rebutted, of course, if adequate evidence is submitted to the court showing why phone contact is unreasonable or not in the child's best interests.

We can help address immigration and family law issues

If you're an immigrant and have been following the news, then you might be concerned about your future. On account of this, you may be afraid to take any kind of action that might draw attention to your immigration status. This includes divorce. Although proposed changes to the immigration system may have you worried, you should take comfort in the fact that there are usually legal avenues available to protect you and your loved ones.

At the Marin Law Firm, many of our clients who come to us for immigration issues also need assistance with family law matters. Fortunately, our legal team is adept at helping individuals address both matters. Although many law firms take pride in specializing in a particular area of the law, we don't make that claim. Instead, we specialize in providing individualized legal approaches to each family with which we work. In other words, our focus is your family.

Creating a child-centered custody agreement

Divorce is rarely an easy process for any couple, and is especially complicated for parents who choose to end their marriage. While it is relatively simple to get married, the law requires couples to make many agreements about how to divide their assets and liabilities as well as how to raise children in their family.

For many divorcing parents, reaching a fair custody agreement is the most difficult part of the process. In most cases, courts that oversee divorce and custody issues prefer for parents to create their own custody agreements, because they are the ones who best know the needs and preferences of their child.

Can divorce affect my immigration status?

Divorce can be emotionally tumultuous for anyone, but immigrants oftentimes find the process even more anxiety-ridden than others. There's good reason, too. Depending on the circumstances, a divorce can disrupt an immigrant's path to legal permanent resident status, and it may even lead to removal from the country. We hope this post will shed some light on the topic so that immigrants can make more fully informed decisions about whether divorce is truly in their best interests.

There are many ways that immigration status and marriage are intertwined. For example, conditional resident status obtained through marriage is limited to a tow year period. To remove that conditional status and become a permanent resident, an individual must file a petition to remove the conditions of his or her residence. In order to qualify for the removal of those conditions, one must demonstrate that he or she is still married to a U.S. citizen or a legal permanent resident for at least two years, or that the marriage was entered into in good faith but ended in divorce.

Financial concerns drive divorce but prenuptial agreements help

There are many reasons why marriages fail. Infidelity, emotional and physical abuse, and simply falling out of love are common causes. However, perhaps the biggest issues contributing to divorce are those pertaining to money. All too often, couples find themselves fighting over how to spend their marital funds and deal with debt. Issues of trust can arise in this arena, which can fester and give rise to resentment and spite.

A recent survey shows that money problems may be an even bigger indicator of divorce than initially thought. There, researchers found those with money issues are 10 times more likely to see their marriages end in divorce. A sizable portion of those individuals surveyed indicated that they believe their significant other is financially irresponsible.

How moving out of the home can affect a Florida divorce

When your broken marriage no longer offers any happiness, it may be time to get a divorce. But does that mean you should also pack up and move out?

The question is simple, but the answer is not. Like many of the decisions people make during divorce, the decision to stay home or move out comes with a host of hidden consequences. Even if you can barely stand the sight of your partner, you want to learn how moving could affect your divorce before you pack up and go.

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