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TAX FILING STATUS FOR DIVORCING COUPLES

January 2, 2020

Understand the Essentials

It is tax season and you just received your relevant form for filing. Most parties understand that a pending divorce does not excuse the requirement to file taxes. The tricky part in this situation is the HOW. 

There are different filing options during a pending divorce, including:

Married filing jointly;
Married filing separately; or
Single under certain circumstances.

It is important to communicate with your spouse about how each of you will be filing to prevent future issues. Most of the time parties financially benefit from filing jointly. This point is often overlooked due to the breakdown of communication which typically accompanies a deteriorating relationship. To be sure, consult a tax professional who can advise you and your spouse on what benefits you both monetarily. 

Some parties file separately if it benefits them financially, their spouse has pending tax or credit issues, or because inter-party communication has become hostile.


Regardless of the reason, it is important to keep in mind that any return or debt is marital and should be appropriately addressed to prevent further issues. 

For example, if you choose to file under the status of Married filing separately and have minor children, discuss who will be claiming the child(ren) for that tax year, as both parties cannot file separately and claim the same child. If this occurs, one party, typically the party filing last in time, will receive a penalty. 

The best action to take is to speak with your spouse and consult with a tax expert. If speaking to your spouse is not a viable option, it is important to have an attorney who will. Having someone advocate on your behalf regarding such issues can make an already tedious process run smooth and prevent future headache. Contact us today at
407-278-6718.

By Alexis Balboa February 6, 2023
In the United States, all persons have the right to due process protections under the law. This means that if you are facing a contempt of court case in the state of Florida, the court must provide you with notice and a hearing prior to any ruling or judgment. This article will look at what constitutes due process protections, how they can impact your Florida contempt of court case, and how you can defend against said charges. First, let’s start by taking a look at what constitutes due process rights and how they apply to your Florida contempt of court case. When it comes to cases involving civil or criminal matters, the Fifth and Fourteenth Amendments to the U.S. Constitution guarantee that the accused will receive notice and have the opportunity to be heard before any ruling is made. In essence, the accused is allowed to present arguments and evidence in their defense, introduce witnesses to testify, and even cross examine those opposing them. This ensures that individuals facing criminal or civil proceedings have a fair chance to defend themselves and have their day in court. Now, when it comes to a contempt of court case in the state of Florida, these same due process protections are applicable. Here, you will have the right to be provided with adequate notice regarding the charge and the opportunity to be heard in court in order to make your case. These due process rights can have a significant impact on the outcome of your case as you will be able to present evidence and make your case to the court. Furthermore, it is possible to appeal any guilty verdict or sentence if you believe the proceedings were unfair or the decision was not supported by the evidence. Finally, it is important to note that even though due process rights are extremely important, they cannot guarantee a favorable outcome in your contempt of court case. The best defense is to always be aware of your rights, understand the proceedings, and be familiar with the laws concerning contempt of court in the state of Florida. With the right knowledge and preparation, you can make sure that you are given a fair evaluation and a chance to put forward a solid legal defense. We hope this article has been helpful in providing information about due process rights and their impact on your Florida contempt of court case. Remember, the best defense is to always be aware of your rights and to prepare for your case accordingly. Contact us now so we can assist you!
By Alexis Balboa January 30, 2023
In Florida, a court-ordered name change for a child requires the filing of a petition for name change in the circuit court of the county where the child resides. The petition must be signed by the parent or legal guardian seeking the name change and include the current name of the child, the proposed new name, and the reason for the name change. The parent or legal guardian must also provide a copy of the child's birth certificate, as well as proof of their own identification and relationship to the child. Once the petition has been filed, the court will set a hearing date to consider the name change request. The parent or legal guardian must provide notice of the hearing to the other parent, if they are still living, and any other parties who may have an interest in the child's name change. At the hearing, the court will consider the best interests of the child and any objections that may have been raised. If the court grants the name change request, a final order will be issued, and the parent or legal guardian will be responsible for obtaining new birth certificate and other legal documents for the child reflecting the new name. It is important to note that in Florida, the court may deny a name change request if it determines that the change would be detrimental to the child's welfare or if the request is being made for fraudulent or illegal purposes. It is advisable to consult with an attorney who can help guide you through the legal process and ensure that all necessary steps are taken.
By Alexis Balboa January 9, 2023
Alimony in a Florida Divorce
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