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Our Family Law and Divorce Attorney Blog is here to provide our Orlando Florida clients relevant information assisting in making better choices during a tough and emotional period in your life.

Prenuptial Agreements Allow a Person to have Control Over their Future

Richard D. West - Monday, August 25, 2014

Divorces can be difficult, and take a long time to carry out. With a prenuptial agreement already present, divorce can be much cheaper and quicker. Any disputes related to divorce can be worked out ahead of time, preventing long divorce battles that cost large amounts of money and create lifelong stress and anxiety. Issues such as child custody, alimony, property division, and more would be agreed upon ahead of time. The prenup can also allow a person to remove themselves from a bad marriage without worrying that a divorce will result in financial ruin.  It allows a person to have control over their future; it prevents stressful court rulings, and allows a couple to work out plans that are mutually fair and made in each other’s best interests.  For example, when a person gains ownership of a property that is paid off before marriage, such as property passed down by a relative, this property could be taken away in the divorce process if a spouse is granted a percentage of it. Although many inheritance protection laws exist, they could be changed in the future. With a prenuptial agreement, this could be prevented.

What is Paternity?

Richard D. West - Tuesday, August 19, 2014

As a comprehensive Divorce and Family Law firm, West, Green & Associates, P.L. has extensive knowledge in all matters related to custody and matrimony; including paternity. Paternity, or legal parenthood, allows a father all rights and responsibilities to their child. When a married couple gives birth, United States law assumes that the father is the husband. Because of this, paternity is established automatically if a divorce is obtained. If parents are unmarried, however, paternity needs to be established in order for child support, legal custody, or visitation to be recognized. Even if proven to be the mother or father through biological testing, a person cannot claim any rights or responsibilities to a child without being granted paternity by a court order. Paternity can be established through a voluntary declaration, but when a parent is unwilling to declare paternity voluntarily, a court order can be acquired for this purpose. Once paternity is established, the parent can appeal for custody and visitation rights from a court. Additionally, he will be accountable for providing financial child support. Establishing parentage can be very beneficial for a child, giving them access to family medical records and history, financial support, inheritance rights, and more. Studies show that having established parentage is associated with higher self-esteem and lifelong success for children; it provides them with a sense of complete identity, belongingness, and acceptance from both of their parents. If unmarried, a couple should move to establish parentage as soon as possible in order to avoid any legal issues or consequences that may arise from a lack of certain paternity.

Collaborative Law is an Alternative to Traditional Court-based Litigation Systems

Richard D. West - Friday, August 15, 2014
Collaborative law is an alternative to traditional court-based litigation systems that were founded in the 1990’s by a Minnesota attorney, Stuart Webb. Although the Collaborative Law model has spread quickly and risen in popularity throughout the years, the details of it are relatively unknown by the general public. Because of its’ popularity within Central Florida, West, Green & Associates, P.L. is proud to offer Collaborative Law services to the Orlando area. Although collaborative law may not be fitting for every case, it is a very desirable model of law for issues of divorce. At the West Green Family Law firm, Richard West and Caryn Green are experienced and knowledgeable collaborative law lawyers; board certified in family and marital law. They have the wherewithal and attention to detail to work with the most unique divorce circumstances, with a focus on creating the most beneficial and ideal situation for each family member. Generally, the collaborative divorce process can cost less money, exhaust less time, waste fewer resources, and empower all involved parties with more control than traditional litigation. Collaborative divorces result in a better sense of welfare, confidentiality, and security for the future. 

Parenting Plans in the State of Florida

Richard D. West - Friday, August 08, 2014

When it comes to being a parent, your most important concern is the well-being of your child. Parenting, first and foremost, requires the cooperation between both parents, and includes a lot of attention and responsibility from both sides. Unfortunately, there are times when a relationship doesn’t work out between two parents and may lead to divorce. Divorce complicates the situation when a child is involved due to child custody and child support. This can raise many disputes between the parents and potentially cause a lot of destruction to the child mentally.

           There are laws put in action to try to prevent the most common problems that arise with a child during divorce. The best way to go about a divorce between two parents is to create an Orlando parenting plan. This plan is put into place during the separation agreement. It creates a schedule and all the other arrangements that involve the child. This includes where the child will be living for the majority of their minor years, when each parent will have the child, the holidays that will be assigned to each parent, the schools he/she will attend, etc.

            Furthermore, a parenting plan is a set plan that helps all parents steer clear of disputes that can emerge in the future.  It prevents a shortage of responsibilities from either of the parents involved. This plan is more or less a guideline for them to follow for the best interest of the child. With every child there is a financial need, and that of course is included in the parenting plan as well. Child support, tax disputes, survivor benefits, and health insurance are all financial needs of the child and it is important for the parents to come to an agreement on them so there is no confusion in the future.       

    In order to create a smooth and reliable agreement, it is in the best interest of the two parents to seek out highly experienced Orlando lawyers. A time-sharing lawyer is someone who will help the parents lay out the parenting plan word for word. By having lawyers, they are responsible for making sure that the parents don’t get out of hand. Also, if the parents can’t come to an agreement on the plan, it will have to be taken to court. If this situation arises, you will need an Orlando attorney, so a time-sharing lawyer is recommended.

            In the state of Florida, it is now considered that parents share time with their child, rather than one parent having custody of him/her. Whether it involves having the court decide the parenting plan, or coming to an agreement amongst each other, it is all about the child. This plan needs to be something that both parents can fall back on and rely on when it comes to raising a child separately. Parenting plans are an extremely important aspect of raising a child through divorce and is something that will create peace of mind for both child and each parent involved!

Reasons for Creating a Prenuptial Agreement

Richard D. West - Wednesday, June 11, 2014

prenuptial agreement, or prenup, is a contract created prior to the marriage of two individuals. The prenuptial agreement generally contains provisions for property division (what will and won’t remain under individual ownership), whether spousal support will be provided if a divorce arises, and how property is distributed in the event of a death. In countries such as Belgium and the Netherlands, a prenup not only remains viable in the case of a divorce, but also can provide provisions for the protection of some property during the course of the marriage, in cases such as bankruptcy. Postnuptial agreements, similar to prenups, are created after a couple is married. 


At West, Green & Associates, P.L., we are Board Certified in Marital and Family Law.  As Orlando's largest matrimonial Family Law firm, our attorneys have a depth of experience and knowledge to help you make arrangements and carry out a prenuptial agreement quickly and discreetly. Although the word “prenup” conjures up the image of an old, wealthy man and a young trophy wife, prenuptial agreements are actually helpful for any relationship. There are many reasons to consider initiation of a prenuptial agreement, including learning more about each other, managing the business relationship aspect of a marriage, managing alimony for future divorce, managing property, making divorces less expensive and less complicated, having total control over the future outcome, debt protection, business protection, and protection of children. 

CFNews 13 Covers Grayson Annulment Request

Richard D. West - Wednesday, April 30, 2014





https://www.youtube.com/watch?v=B3SQ7YyVAI4&feature=youtu.be

U.S. Representative, Alan Grayson, is asking for marriage annulment and accusing estranged wife of bigamy.  Congressman Grayson is being represented by Orlando divorce attorney, Richard West, of West, Green & Associates, P.L., family law firm.  Click on the link for the full story!

What Are the First Steps in Filing for a Divorce​?

Richard D. West - Wednesday, April 30, 2014

A divorce is a legal dissolution, which allows spouses to move forward when they desire an end to their marriage. When a court issues a judgment of divorce, divisions of property and arrangements for child support or time-sharing are established. At West, Green & Associates, P.L., we understand that every family is unique; spousal and family relationships, impact on children and finances all come into question during the process of divorce. Our Orlando divorce attorneys treat every case with equivalent significance and respect, utilizing our experience and utmost attention to detail. Depending on each individual situation, the process may necessitate dealing with the marriage dissolution itself, property distribution, pre/post nuptial agreements, alimony and child support provisions and more. Because of this, it is absolutely vital to hire a divorce lawyer that is dependable, experienced and knowledgeable in all areas of the divorce process. 


When filing for divorce, the first step is filing the petition. Even if both spouses agree on initiating a divorce, one of them will need to file a petition with a court asking for marriage dissolution. This petition states the grounds for the divorce, which can be different based on the jurisdiction. Although jurisdiction universally allows for no-fault justifications like "irreconcilable differences," only some consider fault (like adultery or abandonment) viable grounds for divorce. A West Green Family Law divorce attorney can inform you if fault grounds are obtainable in Orlando, and whether or not it makes sense to file on fault grounds. Before serving, or being served divorce papers, it is necessary to know your assets and liabilities. Keeping record of all financial statements, such as savings, investments and important documents is crucial. Determining your monthly expenses is also important, in regards to children, household, automobile, health and more. If there are any significant issues that could apply to the divorce, such as domestic violence, abandonment, children’s issues, or illegal occurrences, it is important to hold on to evidence of these. If you are filing for divorce and depend on your spouse for financial support, or will petition for custody of the children, it is necessary to ask the court for temporary support and custody orders. These temporary orders can be established within a few days, and stay in effect until the court hearing. The person that filed for divorce will also be advised to file a proof of service. This shows that a copy of the petition was distributed to their spouse. Any issues that cannot be worked out through negotiation or mediation are decided upon at a trial. 


The divorce lawyers at West Green Family Law can deliver the results you desire with the experience and strong reputation you deserve in an attorney. We have one of the best reputations throughout Orlando for litigation and negotiation in divorce law. As one of the three largest matrimonial law firms in the state of Florida, our firm has over forty-five years of experience in assisting couples with a range of divorce situations. Choosing to file for divorce is not an easy decision, and those who serve or are served divorce papers, are usually overwhelmed by the information that is available to them from every different source. West Green strives to answer any and all questions that our clients have to ensure that they understand their legal rights. Although the process of dissolving a marriage can be difficult and tremendous, our divorce attorneys are dedicated to providing clients with the results they’re looking for. 

Your Orlando Paternity Lawyer

Richard D. West - Wednesday, April 09, 2014

West Green & Associates P.L. can provide a couple with an experienced, board certified Orlando Paternity Lawyer to guide them through the process with ease. The advice of an expert, Orlando attorney is invaluable for clients wishing to obtain parentage; each case is unique, requiring detailed attention by someone with a depth of knowledge related to such situations. Issues of parentage can be some of the most complicated and difficult cases to navigate, as well as some of the most important. The attorneys at West Green Family law understand how vital establishing paternity is for providing emotional well-being to a child, as well as peace of mind to a parent. Once a parent decides to start the process of establishing paternity, an attorney will walk them through the process and answer any questions they may have. Whether they are looking for child support or custody rights, parents can receive the help they need from an attorney who truly understands the circumstances that they are presented with. Biological paternity is not a guarantee for legal rights; paternity orders should be pursued if a mother requests child support, or if a father wishes to maintain a steadfast relationship with their child. As the largest matrimonial law firm in the city of Orlando, West Green Family Law has many skilled attorneys who specialize in litigating issues of paternity quickly and discreetly. Our staff is devoted to imparting service above and beyond what is expected in helping couples establish parentage.

Orlando Magazine Best Lawyers 2014

Richard D. West - Wednesday, April 09, 2014

Every year, Orlando magazine and Woodward/White, Inc., which is a national attorney evaluation firm, conduct an annual Orlando's Best Lawyers list according to attorneys' strong reputation and proven track record. This list presents the names of Orlando attorneys that are nominated by their colleagues in their particular field.  They were asked, "If you couldn't handle a case yourself, to whom would you refer the case to?" 

 

Richard D. West and Caryn M. Green were both recognized by local attorneys for Orlando magazine's BEST LAWYERS for 2014 in Family Law!  Not only were they recommended for this publication, Caryn was named best lawyer of the year in Family Law for 2014 as well!  They have been selected for the last 10 consecutive years and are highly respected in their field.  Congratulations Richard and Caryn on both your accomplishments!


Domestic Violence has a Huge Effect on Children

Richard D. West - Monday, March 31, 2014

An estimation of 3.3 million children witness domestic violence each year.  In homes where it’s present, children are at high risk of suffering physical abuse themselves. Regardless of whether children are physically abused, the emotional effects of witnessing domestic violence are very similar to the psychological trauma associated with being a victim of child abuse.


Some of the emotional effects of domestic violence on children include:


-Taking responsibility for the abuse

-Constant anxiety (that another beating will occur)

-Guilt for not being able to stop the abuse or for loving the abuser

-Fear of abandonment

 


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