What to Do…

Family Law

Married or single women in relationships that are plagued by domestic violence or abuse can obtain a Protection From Abuse (PFA) order from a judge or family court. PFAs establish legal protection, authorizing law enforcement officers to intercede on behalf of women or children in danger to prevent abuser harm. The court can order an abuser to stay away from a woman and her children at home, at work, or at school. In granting PFAs, judges can simultaneously give woman child custody, financial or child support and home or auto property rights. PFA violations are crimes. Courts can order abusers to stop violent mistreatment, threats, harassment, phone calls, e-mails, or property destruction. Unfortunately, a PFA is not a personal safety guarantee. Some abusers violate them. Woman who suspect risk should call the police immediately, escape a residence, and document violations. Consult Attorney Holly Gayle Gershon for more information.
Category: Family Law

You’ve found someone you want to live with, but marriage isn’t in the cards right now. Before you move in together, it’s a good idea to think through the legal implications of sharing a life and a home. A little bit of communication about your expectations can go a long way toward avoiding future problems.

Ground Rules
When you’re not married, you don’t have many of the legal protections given to those with a marriage certificate. Until the relationship is firmly established and you have a long history of stability, you’ll probably want to:

  • Keep separate bank accounts
  • Avoid contributing financially to buy an asset which will be held just in your partner’s name
  • Maintain your ability to support yourself separate and apart from any promises of support made to you by your partner
  • Avoid making promises to support your partner, either now or in the future
  • Take care not to present yourself as “husband and wife” or adopt the same last name of your partner as if you were married
Category: Family Law

When you’re starting into the process of adopting a stepchild, there are lots of things to think about and decisions to make. Here’s a checklist of some of the steps to take and things you’ll want to discuss with your attorney:

  • If you’re adopting a stepchild, you must have the other biological parent’s written consent to the adoption or go through a complicated process to terminate the biological parent’s rights.
  • Find out whether the biological parent will no longer be responsible for paying child support for the child after the adoption. If so, this may affect your decision to adopt.
  • If you’re adopting an older stepchild, talk it over carefully with the child and make sure you have the child’s consent.
  • If you’re adopting a stepchild, find out whether state law or local court customs require you to have been married to the biological parent of the child for a minimum period of time.
  • Come to an agreement on attorney’s fees early in the process, and get the agreement in writing. Be clear about the exact hourly rate your attorney is charging you.
Category: Family Law

When separation or divorce proceedings don’t go well–and tempers flare–many of our clients have heard bullying and guilt-inducing comments from their spouses. If you hear one of the following comments or anything else that alarms you during your case, take a deep, cleansing breath–then contact your lawyer right away.

  • “Is money all you care about after all our years together?
  • Do you want me to take a second job to pay all that support?
  • I’ll disappear with the kids before I pay you a red cent.
  • Let’s save some money and let my lawyer handle both out sides in this divorce.
  • I’m going to tell the judge all about those bad things you’ve done. You’ll never get custody of my children.
  • Go ahead. Demand all the documents you want. You’re only racking up your lawyer’s fees.
  • My lawyer will litigate this divorce for five years.
  • If you don’t agree to my terms, I’ll go to Nevada or Mexico for my divorce.”

 

Consult Attorney Holly Gayle Gershon for more information.

Category: Family Law

No one should ever drink and drive. Individuals who are separating or divorcing need to be particularly cautious.

A driving-while-intoxicated arrest, and especially a conviction, may have serious consequences in marital proceedings.

First, there is the potential embarrassment of relatives and friends reading about the incident in a newspaper article or police blotter report. Second, the arrest may mean taking time off the job to attend court dates and could lead to docked salaries or loss of employment. Third, a conviction could mean performing community service, paying serious fines, or even serving jail time.

For individuals in separation or divorce proceedings, an arrest or conviction can give an opposing spouse a stronger case for child custody, child support, and other negotiated matters.

While in separation or divorce proceedings, do not drink and drive. Go to parties if you wish, but always designate a sober driver or take a taxi home.

Please contact Attorney Holly Gayle Gershonfor more information.

Category: Family Law

A premarital, or prenuptial, agreement is a legal contract through which intended spouses clarify their respective rights should the marriage fail. The agreement may cover many issues, but most common are property division, spousal support, and bases for divorce filing.

Couples who have previously been divorced, who hold significant individual assets, or who marry late in life often sign premarital agreements.

Challenges
The courts have sometimes agreed to hear challenges to prenuptial agreements when there was evidence of the existence of specific conditions or situations.

  • A spouse felt pressure to sign and did not enter the agreement voluntarily.
  • One or both parties failed to accurately disclose all assets at the time of the agreement.
  • The terms of the contract were unfairly one-sided, unconscionable, or illegal.
  • One or both spouses never had a real opportunity to consult with attorneys or have lawyers review the agreement before signing it.

Please contact The Haverman Law Firm for information on premarital agreements.

Category: Family Law

Cell phone cameras and minicams in public places have helped law enforcement officers to identify law breakers, such as toll evaders and shoplifters. Anti-terror officials also have used cameras to identify suspicious individuals and criminals. Ordinary people with minicams have filmed tragedies ranging from tsunamis to auto accidents, and happier events such as family celebrations and children’s sporting events. However, when photographers put their minicams to use for deliberate invasion of others’ privacy, the courts provide remedy.

Secret Filming
When a husband discovered that his wife had hired a private detective agency to secretly videotape him in the couple’s bedroom, he hired Holly Gayle Gershon to sue the firm for invasion of privacy. The court ruled that the husband had a right to expectation of privacy in the seclusion of the marital bedroom and awarded him significant money damages.

Please contact The Haverman Law Firm for more information.

Category: Family Law

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Family Law

Married or single women in relationships that are plagued by domestic violence or abuse can obtain a Protection From Abuse (PFA) order from a judge or family court.

PFAs establish legal protection, authorizing law enforcement officers to intercede on behalf of women or children in danger to prevent abuser harm. The court can order an abuser to stay away from a woman and her children at home, at work, or at school.

In granting PFAs, judges can simultaneously give woman child custody, financial or child support and home or auto property rights.

PFA violations are crimes. Courts can order abusers to stop violent mistreatment, threats, harassment, phone calls, e-mails, or property destruction. Unfortunately, a PFA is not a personal safety guarantee. Some abusers violate them. Woman who suspect risk should call the police immediately, escape a residence, and document violations.

Consult Attorney Holly Gayle Gershon for more information.

Category: Family Law

You’ve found someone you want to live with, but marriage isn’t in the cards right now. Before you move in together, it’s a good idea to think through the legal implications of sharing a life and a home. A little bit of communication about your expectations can go a long way toward avoiding future problems.

Ground Rules
When you’re not married, you don’t have many of the legal protections given to those with a marriage certificate. Until the relationship is firmly established and you have a long history of stability, you’ll probably want to:

  • Keep separate bank accounts
  • Avoid contributing financially to buy an asset which will be held just in your partner’s name
  • Maintain your ability to support yourself separate and apart from any promises of support made to you by your partner
  • Avoid making promises to support your partner, either now or in the future
  • Take care not to present yourself as “husband and wife” or adopt the same last name of your partner as if you were married
Category: Family Law

When you’re starting into the process of adopting a stepchild, there are lots of things to think about and decisions to make. Here’s a checklist of some of the steps to take and things you’ll want to discuss with your attorney:

  • If you’re adopting a stepchild, you must have the other biological parent’s written consent to the adoption or go through a complicated process to terminate the biological parent’s rights.
  • Find out whether the biological parent will no longer be responsible for paying child support for the child after the adoption. If so, this may affect your decision to adopt.
  • If you’re adopting an older stepchild, talk it over carefully with the child and make sure you have the child’s consent.
  • If you’re adopting a stepchild, find out whether state law or local court customs require you to have been married to the biological parent of the child for a minimum period of time.
  • Come to an agreement on attorney’s fees early in the process, and get the agreement in writing. Be clear about the exact hourly rate your attorney is charging you.
Category: Family Law

When separation or divorce proceedings don’t go well–and tempers flare–many of our clients have heard bullying and guilt-inducing comments from their spouses. If you hear one of the following comments or anything else that alarms you during your case, take a deep, cleansing breath–then contact your lawyer right away.

  • “Is money all you care about after all our years together?
  • Do you want me to take a second job to pay all that support?
  • I’ll disappear with the kids before I pay you a red cent.
  • Let’s save some money and let my lawyer handle both out sides in this divorce.
  • I’m going to tell the judge all about those bad things you’ve done. You’ll never get custody of my children.
  • Go ahead. Demand all the documents you want. You’re only racking up your lawyer’s fees.
  • My lawyer will litigate this divorce for five years.
  • If you don’t agree to my terms, I’ll go to Nevada or Mexico for my divorce.”

 

Consult Attorney Holly Gayle Gershon for more information.

Category: Family Law

No one should ever drink and drive. Individuals who are separating or divorcing need to be particularly cautious.

A driving-while-intoxicated arrest, and especially a conviction, may have serious consequences in marital proceedings.

First, there is the potential embarrassment of relatives and friends reading about the incident in a newspaper article or police blotter report. Second, the arrest may mean taking time off the job to attend court dates and could lead to docked salaries or loss of employment. Third, a conviction could mean performing community service, paying serious fines, or even serving jail time.

For individuals in separation or divorce proceedings, an arrest or conviction can give an opposing spouse a stronger case for child custody, child support, and other negotiated matters.

While in separation or divorce proceedings, do not drink and drive. Go to parties if you wish, but always designate a sober driver or take a taxi home.

Please contact Attorney Holly Gayle Gershonfor more information.

Category: Family Law

A premarital, or prenuptial, agreement is a legal contract through which intended spouses clarify their respective rights should the marriage fail. The agreement may cover many issues, but most common are property division, spousal support, and bases for divorce filing.

Couples who have previously been divorced, who hold significant individual assets, or who marry late in life often sign premarital agreements.

Challenges
The courts have sometimes agreed to hear challenges to prenuptial agreements when there was evidence of the existence of specific conditions or situations.

  • A spouse felt pressure to sign and did not enter the agreement voluntarily.
  • One or both parties failed to accurately disclose all assets at the time of the agreement.
  • The terms of the contract were unfairly one-sided, unconscionable, or illegal.
  • One or both spouses never had a real opportunity to consult with attorneys or have lawyers review the agreement before signing it.

Please contact The Haverman Law Firm for information on premarital agreements.

Category: Family Law

Cell phone cameras and minicams in public places have helped law enforcement officers to identify law breakers, such as toll evaders and shoplifters. Anti-terror officials also have used cameras to identify suspicious individuals and criminals. Ordinary people with minicams have filmed tragedies ranging from tsunamis to auto accidents, and happier events such as family celebrations and children’s sporting events. However, when photographers put their minicams to use for deliberate invasion of others’ privacy, the courts provide remedy.

Secret Filming
When a husband discovered that his wife had hired a private detective agency to secretly videotape him in the couple’s bedroom, he hired Holly Gayle Gershon to sue the firm for invasion of privacy. The court ruled that the husband had a right to expectation of privacy in the seclusion of the marital bedroom and awarded him significant money damages.

Please contact The Haverman Law Firm for more information.

Category: Family Law

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This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Contact

Danny Haverman
561-393-0404

Holly Gayle Gershon
561-394-8858

Location

301 Crawford Blvd., Suite 101
Boca Raton, FL 33432

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