Out of State Premarital Agreements
Transcript: If you and your spouse were married in another state and are now divorcing in Florida, you may be wondering if your pre-nuptial agreement can still be enforced.
Generally, a Florida court will treat an out-of-state premarital agreement in the same way the court would enforce any valid contract executed in another jurisdiction. However, the prenuptial agreement must have been valid under the law of the state of execution and its content may not be contrary to the public policy of Florida.
Family Law Attorney Rania Arwani says:
Most states have similar requirements for prenuptial agreements like full disclosure of assets, no duress or fraud, free and voluntary signing, and other similar provisions related to fairness. Florida courts have said that if the pre-nuptial agreement meets the requirements of the law of the state of execution, it may still be enforceable in Florida.
Issues related to enforcement of out-of-state premarital agreements in Florida can be quite complicated and it is advisable to consult an experienced Florida family lawyer who will fight for your rights.
When it comes to having a professional, experienced divorce attorney working by your side, you won’t find a better team than the Arwani Law Firm, PLLC. Contact them at their Orlando office today and find out more about their services.
Divorce During the Holidays
Transcript: The holidays can be a stressful time for even the happiest of families. But if you’re newly separated or divorced and your children will be with your ex-spouse, the holidays can be more distressing and painful than ever before.
But there are ways to make the most wonderful time of the year a bit more joyous.
Family Law Attorney Rania Arwani suggests a game plan to make the most of this holiday season without your children.
Take full advantage of the time you do have with your kids and have reasonable expectations. If you can’t spend Christmas day with your children, but can see them a few days later, or on New Year’s Day, it’s important to find a way to be content with that, make every moment special, and be happy with the time you’re given.
Even if you’re feeling badly about your marital situation, try not to take that sadness or anger out on your kids and make sure you take care of yourself. Do something for you or others. Volunteer, exercise, catch up on sleep, visit friends and other family members when your children aren’t with you.
When it comes to having a professional, experienced divorce attorney working by your side and fighting for you, you won’t find a better team than the Arwani Law Firm, PLLC. Contact them at their Orlando office today and find out more about their services.
2018 Rising Star In Family Law
Transcript: BIG Congrats to Rania Arwani who was just recognized as a rising star in the field of Family Law. It’s a prestigious distinction given by the American Institute of Legal Advocates. The Institute looks for attorneys who have not only achieved unparalleled success but most importantly have done so for the benefit of their client. Arwani says – ” I am incredibly flattered to receive this award. We always put our clients needs first. We understand the emotions they are dealing with- from anger and denial to depression and acceptance. Dealing with tough things in life, like the stress of divorce, can take its toll but having a trusted and compassionate advocate on your side can mean a world of difference.
The Arwani Law Firm is there for you when you need them most-Dedicated to protecting the rights of parents and children.
Even Though The Name-Permanent Alimony- Suggests It Lasts Forever…That’s not Necessarily The Case
Transcript: Did you know Florida is one of only a few states to still have what’s called “permanent alimony”? And even though the name-permanent alimony- suggests it lasts forever…that’s not necessarily the case. Alimony means the spouse with the higher income must make payments to the spouse making less- so both can continue the lifestyles they’re used to. This is designed to help people who have previously relied on their spouses for financial support. Permanent alimony is usually awarded in marriages that last longer than 17 years and the courts take the following into account: The standard of living during a marriage, the age, physical and emotional condition of each spouse, the financial resources and earning potential of each spouse, the contribution of each person to the marriage, Homemaking, child care, education and career-building are all taken into consideration. However, permanent alimony may be terminated or modified in Florida IF either spouse dies -or if the spouse receiving alimony gets remarried.
If you need any help with family law,as well as personal injury and criminal law, the Arwani Law Firm is there to help. You can reach them at 407-254-0060 and you can find them on the web at Arwanilawfirm.com
How Your Divorce Might Affect Your Tax Return
Transcript: If you get divorced this year — filing your taxes could soon raise some new questions- and here’s some advice you should pay attention to. For example, divorced parents often ask who gets to claim the children as dependents? It’s something you didn’t have to think about when you were married but you do in a divorce. The attorneys at the Arwani Law Firm have the answers to some difficult post-divorce questions. Children are typically claimed as dependents by the custodial parent – that’s the parent they spend the most time with during the year – but there are some exceptions. Only the parent who claims the children as dependents can also claim the child credit. Either parent can claim medical expenses for the children as deductions. But keep in mind the new changes do not go into effect until next year -January 2019. And you can still take a deduction for Alimony payments.
If you have questions about how your divorce might affect your tax returns, contact one of the family law attorneys at Arwani Law Firm . They have handled complex divorces, and if you are located in Florida, they are confident their team can provide you with the legal assistance and attention that you need AND deserve.
How A Divorce Will Affect Your Debt Payments
Transcript: When you get a divorce in the state of Florida, marital assets are divided between BOTH spouses. But did you know that debts are also divvied up? That can cause major problems for you and your credit if you’re not careful. Just like marital property, which is acquired during the marriage, debts accumulated during that time belong to BOTH spouses as well. That means each person will be obligated to pay a portion of mortgages, car loans and even credit card balances. Fortunately, there are a few ways you can avoid credit issues if you are considering a divorce. Something called an indemnification clause built into your settlement can protect you if your ex-spouse fails to repay his or her portion of the debt. You can also refinance your loans. And it is critical that you keep your name on a loan title until it is refinanced because taking your name off it will not relieve your obligation to pay it.
If you have questions about how a divorce will affect your debt payments, you can contact the family law attorneys at Arwani Law Firm . They have handled complicated high conflict divorces, and are confident their team can provide you with the legal assistance and attention that your case requires.
There Are A Lot Of Things To Consider When Getting A Divorce
Transcript: There are a lot of things to consider when getting a divorce. As you go through the legal and personal challenges, you may need advice on deciding where to live- after the divorce. Family law attorney Rania Arwani says, “In making this decision, you will want to balance a number of factors before you make a final determination. Deciding whether to stay in your home, rent, or buy a new home will involve balancing emotional, financial, and practical considerations.” Options include staying in your home- especially if you have children so they can stay in the same school and keep the same friends. That could be expensive and needs to be addressed in the divorce agreement. Keep in mind alimony is tax deductible for all final judgments entered before January 1, 2019, and will not be deductible for final judgments entered after that date. Buying a new home is an option if you are looking for a total change, but that can be expensive. You can also rent. Finding a temporary location is sometimes best during and after divorce because it can be such an emotional time and it’s not ideal to make important decisions that will have serious financial ramifications.
Regardless of your decision, working with an attorney will ensure any transactions with your ex are planned out in advance and won’t turn into a battle later on.
If you need divorce guidance, contact one of the family law attorneys at Arwani Law Firm . Their team can provide you with the legal assistance and attention you need AND deserve.
Domestic Violence And Divorce
Transcript: Divorce is difficult enough – and domestic violence issues can make a bad situation much worse. Unfortunately, this is the sad reality for many. Seeking a divorce from an abusive partner can sometimes lead to MORE violence for these victims. Verbal abuse often escalates into physical abuse, and thousands of women die every year from domestic violence. In some states, as many as 40 percent of women will experience domestic violence in their lifetime. Divorce Attorney Rania Arwani says, “If you are leaving an abusive partner, you want to ensure that you work with someone who can first help you create a safety plan for yourself, and possibly obtain a domestic violence injunction. In many cases, various other measures designed to protect victims of domestic violence are also needed and a lawyer can help you make it happen.”
If you’re seeking a divorce and have an abusive spouse, contact the family law attorneys at Arwani Law Firm . They have handled complicated cases, and are confident their team can provide you with the legal assistance and attention that you deserve.
Transcript: Divorce is often a painful process. Many want to put the past behind them quickly and move on. So what do you do if your spouse ignores being served divorce papers? You can request a default judgment to finalize your divorce. If you do so, you could potentially get exactly what you want. You’ll need to submit a request for default in the divorce matter. This generally requires you to prove you’ve made every effort to notify the other party about the divorce. You will also submit paperwork outlining your wishes. Depending on what you want, you will likely have to disclose your income and assets. Once paperwork is submitted and processed, and the waiting period, if any, is over…a judge may sign off on your default judgment automatically. Or, a court may require one final hearing before the process is complete.
If you’re considering pursuing a default judgment… contact the family law attorneys at Arwani Law Firm . They have handled complicated cases and are confident their team can provide you with the legal assistance and attention you deserve.
Divorce is never easy but if your spouse is a federal employee, it can be worse
Transcript: Divorce is never easy but if your spouse is a federal employee, it can be worse. That’s because of their health benefits. When federal employees who are enrolled in the self plus or self and or family option get divorced, their spouses eligibility ends. However attorney Rania Arwani says their are alternatives. “The non-federal employee spouse has the opportunity to continue their coverage by converting their individual policy with the FEHB carrier, under the spouse equity act, or through the temporary continuation of coverage provision. This allows them to continue this same coverage at their own expense”. There are numerous health care options available for other family members as well but it’s important to talk with a qualifed attorney with knowledge in this area so that your federal benefits proceed exactly as you envision during and after your separation and divorce.
Even a simple mistake such as vague language in an order or decree can send you back into court for a clarification order. The attorneys at the Arwani law firm have the experience you need to make sure you get the desired result.
No one ever wants to get divorced but if you do, how you split your retirement accounts is crucial to your financial future
Transcript: No one ever wants to get divorced but if you do, how you split your retirement accounts is crucial to your financial future. Dividing these accounts and pensions is one of the top things couples fight over because it’s usually where most of the money is. Different rules govern different types of retirement accounts and dividing up plans like the 401(k) and pensions is separate from the divorce agreement. But there are so many other factors to consider. so talk with an attorney who is knowledgeable and experienced in drafting retirement allocation documents. Rania Arwani says” It’s vital to talk with an attorney who is knowledgeable and experienced in drafting retirement allocation documents. They can help you avoid common pitfalls and avoid excessive penalties and additional taxes if the money is taken out prematurely.” Also keep the following in mind: Recipients of 401(k)s should not agree to a change of beneficiary before the divorce is final; Make sure your soon to be ex spouse gets a percentage of the 401(k) assets instead of a fixed amount; and keep in mind that 401(k) assets are protected if the individual has filed for bankruptcy, but IRAs are not.
Going through this process alone can be daunting and financially challenging, talk with Rania Arwani, she has the years of experience and knowledge to help you when you need her most. Learn more about Rania and the Arwani Law Firm at www.arwanilawfirm.com.
Marital Asset Protection
Transcript: I do, it’s the shortest sentence in the English language but the longest commitment you will ever make, but what happens when the marriage falls apart? Most recently Jennie Garth from 90210 fame as well as Russell Crowe have split from their partners. Money can’t buy happiness which is why celebrity breaks up happen all the time. Attorney Rania Arwani says you don’t need to walk the red carpet to end up in front of a Judge. “No one is immune, 40 to 50 percent of married couples divorce. If your marriage breaks up it’s important to have a trusted advisor on your side to help you protect what is yours including marital assets, as well as any other assets you may be entitled too”. A experienced attorney can also help you determine whether either spouse is entitled to alimony, the care and financial support of any minor children, making a parenting plan and timesharing schedule for any minor children and much more.
So whether you’re an A lister or not, you want someone on your side to fight for what you believe you should get. Working Together To Meet Your Legal Needs the The Arwani law firm is on your side when you need them most.
Transcript: Former Today Show star Matt Lauer was fired from NBC last November. But the longtime host stands to lose much more than his seat at the anchor desk and office at 30 Rock. He could end up owing his wife several million dollars as their divorce proceedings continue. Based, in part, on a postnuptial agreement that the couple signed back in 2006. While pre-nups remain more popular, overall, contracts between couples who have already taken their vows are on the rise. These are called postnuptial agreements, which are becoming more popular than ever as financial anxiety somehow consumes one spouse more than the other. Family attorney Rania Arwani says: “If you and your spouse are frequently arguing over finances or other issues, a postnuptial agreement may be your bridge over troubled water. After putting your needs and priorities in writing, you, like many couples, can feel renewed confidence in your spouse and your marriage.” Postnuptial agreements may be used to: Determine who owns property and assets, Set a budget for household expenses, Remove a business from the table in the case of divorce, Remove a business from the table in the case of divorce, as well as insulate one spouse from the other’s debts.
You don’t have to be wealthy or a former news personality to have a postnuptial agreement. They are created to ensure your rights and interests are protected while respecting your marriage. The Arwani Law Firm can help you identify and make your objectives clear if this is a path you choose to go down. The Arwani Law Firm … Working to get the best results for our clients with the least strife.
Federal Tax Changes
Transcript: After finishing their tax filings this year, millions of Americans are wondering how the recent changes to our federal tax law will affect what they can deduct, claim or collect in the years ahead. Many of us don’t realize it, but Congress eliminated numerous rebates that taxpayers have come to rely on, including the alimony deduction. Over the past 75 years, spouses paying alimony have been able to deduct those funds when calculating their adjusted gross income on their tax returns. But after the end of 2018, paying spouses will no longer be able to claim this. As some 600,000 people did on their 2015 returns. Central Florida attorney, Rania Arwani, says: “Many tax experts are concerned that the change will adversely affect divorced couples. Typically, receiving spouses are in a lower tax bracket than paying spouses, allowing divorced couples to keep more money within the family unit.” The old law essentially forced married couples to pay more in taxes each year, than divorcees, with the same income levels. Now Congress has put alimony payments on the same level as child support, which was not tax deductible.
The Arwani Law Firm can provide you with legal assistance, if you are negotiating a divorce settlement or a prenupital agreement. Taking changes like these into account that your interests and rights are protected.
Transcript: Life doesn’t stop changing once a divorce is final. This means the terms of your divorce decree, including child support, timesharing, and alimony, may need to be modified as time passes, so that your needs and those of your children may continue to be met. Attorney Rania Arwani says: “In Florida, a former spouse or parent may ask a court to modify a divorce-related court order if either party’s circumstances, or a child’s, have significantly changed since the order was ENTERED. ALL modifications will require evidence that the change has been substantial, was unanticipated at the time of the original order, and will continue into the future.”
Some of the reasons for a divorce modification include:
- LOSS OF INCOME for a paying ex-spouse or parent
- DIAGNOSIS OF A SERIOUS MEDICAL CONDITION that results in a change of ability to earn income or requires a change of parenting responsibilitie
- REMARRIAGE AND ALIMONY
- BIRTH OR ADOPTION OF ANOTHER CHILD
- CHANGES IN A CHILD’S HEALTH OR EDUCATION NEEDS
- RELOCATION of one parent
Your divorce is not the end of your story. If the next chapter brings a major plot twist, the Arwani Law Firm can help you assess if modification is appropriate in your case.
The Impact Of Divorce On College
Transcript: Many parents who are contemplating divorce may hesitate because they worry about potentially dissipating their child’s college fund. Thus, out of concern for their child’s future, some couples opt to stay in unhappy marriages.Firm can provide you with legal assistance, if you are negotiating a divorce settlement or a prenupital agreement. Taking changes like these into account that your interests and rights are protected. However, there are ways of ensuring that your divorce won’t sabotage your child’s college education. Family Law Attorney Rania Arwani offers some advice: “With college costs increasing rapidly each year, lack of careful planning can have an impact, whether you divorce or stay married. Regardless of marital status, having a financial plan in place is essential. The decisions of whether the child will go to public or private school must be considered. Plus, college savings need to be proactively addressed in a divorce agreement.” While getting divorced can sometimes mean there’s less money to go around, the fact remains that saving to pay for college often takes a backseat to other family expenses, and even married couples may have a hard time affording college without taking the proper steps to plan in advance.
So the important takeaway is that you need to have a plan. And an experienced family law attorney can help guide you through your divorce without affecting your child’s education. The Arwani Law Firm is there for you when you need them most – Dedicated to protecting the rights of parents and children.
The Risk of Parental Alienation
Transcript: Often, one of the most damaging effects of difficult, highly contested divorce, custody and visitation disputes is parental alienation, which occurs when one parent bad mouths the other to undermine or destroy the child’s love, attachment and relationship with the other parent. This can also include other family members, friends and even professionals involved with the family like psychologists, lawyers and judges. Family Law Attorney Rania Arwani says: “Scientific research reveals that parental alienation can lead to significantly increased lifetime risks of both mental and physical illness for the child. If you think the other parent might be cutting you out of your child’s life, enlisting the legal advice of an expert can help you evaluate your options and pursue the proper course of action.”
Every custody case is essentially a chance for the alienating parent to spin everything that you do or say into a negative. Every behavior will be spun into a lie. We expose the truth about this. The Arwani Law Firm can help you find the answers you need to resolve your family law concerns. Their attorneys have years of experience and the knowledge to help you when you need them the most.
Social Media And Divorce
Transcript: Ever heard of Facebook? Not many people haven’t. Social media plays a part in nearly all of our lives, and its popularity continues to grow. More than a third of U.S. marriages now begin online through dating sites and social media networks. Social media also has a big impact on marriages and divorces. So big, that it’s currently estimated that 1 in 3 divorces start as online affairs. And divorce attorneys now commonly use social media and digital communications as evidence in a large percentage of U.S. divorce cases. Family law attorney Rania Arwani says: “Social media clauses are beginning to appear in pre-nuptial agreements and divorce cases. These social media clauses can prevent former spouses from posting items online that would harm, disparage, denigrate, or negatively impact the other former spouse’s image or reputation or have a negative impact on the former spouse’s business, school, or career prospects.” Other types of social media clauses involve what each spouse can post about the children they have together, and even legacy settings that indicate who can post to your account after you pass away.
The Arwani Law Firm can help you find the answers you need to resolve your family law concerns. Their attorneys have years of experience and the knowledge to help you when you need them the most.
Transcript: Divorce isn’t always easy and can be much more complicated than second-hand chatter, or TV shows and movies may have you believe. There are several aspects you should be aware of going into your divorce so you won’t be caught off guard or overwhelmed during the process. Family Law Attorney Rania Arwani says: “Your divorce can take longer than you expect if you and your spouse do not agree on everything prior to the process. Plus you may be surprised by the amount of paperwork and documentation involved, especially concerning your finances.” Arwani further says that if the other side doesn’t follow the rules, it is you and your attorney who must take action and right the ‘wrong’ by filing motions in order to hold the other side accountable and ensure that your rights are protected. She continues to say that you may be surprised by the amount of coordination that is involved with your family’s new schedules. Whatever may have seemed simple before, will involve more planning.
Your family law attorney can help guide you through the process so there aren’t too many unforeseen bumps in the road. When it comes to having a professional, experienced divorce attorney working by your side and fighting for you, you won’t find a better team than the Arwani Law Firm, PLLC. Contact them at their Orlando office today and find out more about their services.
Transcript: If you’re getting a divorce, you may be wondering how much child support you may have to pay. There are several formulas by statute adopted by the state of Florida that will determine the amount for which you will be liable. Family Law Attorney Rania Arwani offers insight on what you can expect: “Some of the factors that go into the formula are: both parents’ incomes and any applicable deductions, amounts spent on health insurance and child care, and the number of overnights the child spends with each parent.” Calculating these numbers may not be as simple as it seems. For example, one party may make more money than is noted on their tax returns or the number of overnights a child spends with a given parent is not reflective of the amount of parenting time the parent is actually exercising. Consulting with an experienced family lawyer can tell you more about the child support guidelines that may be applied in your case and you will have a better idea of the amount you could have to pay.
Don’t try to figure all of this out on your own. Contact one of the Arwani Law Firm’s experienced divorce and family law attorneys to discuss your options, and how to plan ahead as much as possible for separation or divorce.