4 Ways Divorced Parents Can Improve Their Communication

Some divorcing couples think that once the final papers are signed, they’ll never have to speak to their spouse again. For parents, it doesn’t quite work like that. Parents getting divorced tend to transition from living together and seeing each other every day to simply talking to each other every day and coordinating schedules. It isn’t quite the clean break that some couples would prefer. It can be frustrating to feel like so much of your ...
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Mortgage Modifications Can be Helpful, but Not Every Homeowner Qualifies

Florida’s booming housing market does not mean that plenty of homeowners are not struggling to pay off their mortgages. Forbearance and other COVID-related programs have ended. The economy is still in a state of flux. For many Floridians, a modification to their mortgage loans is the best option. What is a Loan Modification? A mortgage loan modification is an adjustment to your existing mortgage. The modification is an agreement between the ...
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The Importance of Foreclosure Discovery for Florida Homeowners

Through a few instances of bad luck, the dream of homeownership can quickly turn into the nightmare of foreclosure for Floridians. The economy and housing market have been volatile for 18 months, and the eviction moratorium has been lifted. If you have been served with a foreclosure notice and you know you can’t pay, there are still plenty of opportunities to fight. After You Have Filed an Answer and Affirmative Defense Once you have been ...
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An Annulment is NOT the Same Things As a Divorce

Most spouses who are thinking of getting a divorce have also heard of the term annulment. Plenty of people believe that a divorce (called a dissolution of marriage in Florida) and annulment are synonymous. Simply put, that’s not the case.  It’s true that both legal procedures end with two unmarried individuals, but fundamental legal differences exist:  A divorce is the legal process of ending a marriage so that two spouses become ...
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Transferring Property Outside of Probate in Florida

While probate is far from the worst-case scenario heirs and beneficiaries of a decedent may encounter, the vast majority of estate planning is conducted to minimize the time an estate spends in probate, make the process more efficient, or avoid it altogether. Probate is the legal process by which a decedent’s estate (most assets and property) gets distributed to heirs. Final debts, taxes, and other loose ends are also tied up.  For many estate ...
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Ray Garcia, Esq. Recognized as Florida Legal Elite 

        Ray Garcia, Esq. Recognized as Florida Legal Elite  ST. PETERSBURG, FL – Ray Garcia, Esq., Law Office Of Ray Garcia, P.A. and Florida Construction Law Group, Miami, Florida, was recently recognized in the 2021 edition of Florida Trend’s Florida Legal Elite™. The list of 1,263 honorees represents just over 1% of the active Florida Bar members, including attorneys in private practice as well as top ...
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Will I Have to Pay Alimony Forever in Florida?

Generally, no. Judges are often hesitant to order paying spouses to pay alimony (sometimes called “spousal maintenance”) to their ex-spouse permanently. The main purpose of alimony is to give former spouses some level of security until they become self-sufficient. However, as we’ll cover below, there are exceptions to this rule. After you gain a better understanding of the four types of Florida alimony, you should get a better idea of the chances ...
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Does Adultery Matter in a Florida Divorce?

Yes, and no. Infidelity does not matter in a Florida divorce in the sense that the Sunshine State does not allow for fault-based divorce. In other words, the most common way to get a divorce in Florida is to simply cite irreconcilable differences with your spouse. A few other states offer at-fault divorce, and infidelity is an acceptable at-fault grounds in most of those states. Just because Florida is a pure no-fault state does not mean that ...
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Bankruptcy Filers: What is the Automatic Stay?

Filing for bankruptcy is quite useful for many honest, hard-working people who need some help catching up with their finances. Although many (rightly) regard bankruptcy as a last resort to get out of financial trouble, it is not the doomsday scenario you’ve heard about. One of the most attractive features of a bankruptcy filing is the automatic stay.  The automatic stay is an injunction that immediately goes into effect as soon as an ...
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Should You Put Your Home in a Living Trust?

Living trusts — especially revocable living trusts — are often used by estate planners to hold ownership of significant assets like houses. There are many benefits of living trusts in the context of estate planning; for starters, they allow the assets contained within the trust to bypass the probate process after the original owner passes away. Trusts also allow the contents to be kept private and for the successor trustee to gain control over ...
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