Barreto Law

You’re Getting Divorced: Let’s Have a Party?

admin — Tue, 16 Oct 2012 16:58:38 +0000

Sounds odd, right? However, “divorce parties” are becoming a huge business these days. Basically, people are throwing elaborate parties, almost as luxurious as a wedding itself. Many might assume that considering the hard time the economy is facing and all the fees associated with a divorce and a Miami divorce lawyer, how could anyone possibly be able to host an extravagant party after all of that? However, the industry is actually booming according to insiders. In fact, a divorce party planner out of Los Angeles has reported that she typically books at least 3 parties a month that range in price from $5,000 to $20,000 each.
Kitschy companies that provide small novelties are starting to get into the business as well. Decapitated groom figurines and “just divorced” sashes seem to be all the rage for these divorce parties. Most retailers in this industry are reporting a 30% rise in the sales of divorce-related novelty items.
The question is, why would someone want to celebrate such a normally morose situation? Well, with the statistics of divorce consistently being reported at around 50%, many people have decided that the same stigma is not attached to the term “divorce” anymore. So, frankly, if you are happy about it, why not celebrate? The CEO of Fiesta Piñata in Freemont, CA, Ramon vanMeer, certainly had an insightful take on this new divorce phenomenon. “We have recently divorced customers wanting a likeness of their ex,” says vanMeer. “I guess it’s a way for them to get closure, but also to make fun of a bad situation.”
What do you think about divorce parties? Is this a new, innovative way to move on from your ex? Or is this an incredibly tacky gesture instead? Comment below and share your thoughts on this new trend.

Top Reasons Why People Divorce

admin — Mon, 08 Oct 2012 14:12:33 +0000

Since the somewhat inaccurate, but most widely known statistic of “50% of marriages end in divorce,” is indeed false, but not that far off the mark, it might make some people wonder why people get divorced. Did they not spend enough time together? Was one of them having an affair? Did the other one spend all their money? There are all very viable reasons. In fact, during these situations, many people will even preemptively consult a Miami divorce lawyer in order to be sure if divorce is right for them. Why two people get divorced might actually help others trying to avoid having to meet with a Miami divorce attorney and walk down that path. Here are some of the top reasons people get divorced.
1) Money – Money doesn’t just mean that one spouse or the other does not have enough. Money could refer to one of the spouses mismanaging the money or even lying about how much they have. Money goes hand-in-hand with lifestyle, and if the money is not there to handle the lifestyle established (no matter how quaint or lavish said lifestyle may be) arguments ensue and they can inevitably lead to divorce.
2) Infidelity – For most marriages, the idea is to be with one person forever. However, some spouses do not respect this ideal, and they end up being unfaithful to their partner. Although some couples try to work past a situation like this, it does not always work, and they may end up getting a divorce.
3) Misrepresentation – This is a bit of a broad category, but it mostly means that one or both spouses misrepresented a part of their life. This could be how much money they make, where they went to school, or their desires for the future (children, house, career.) This can also apply to just outright and consistently lying from one or both spouses. Without trust and truth, marriages are typically doomed.
Can you think of any other reasons that belong in the top reasons why people divorce? Comment below and share your thoughts!

Helping Older Children Cope with Divorce

admin — Wed, 26 Sep 2012 16:10:24 +0000

One of the most common and also heartbreaking questions a child asks when his or her parent’s divorce is “Is it my fault?” These words are gut wrenching for any parent, especially considering they are also going through a tough time due to their impending or recent divorce with the assistance of a Miami divorce attorney. It’s hard to make young kids understand that their parents will be living in separate homes and they will need to be shuffled back and forth between them. However, what happens when the child is much older, possibly a teenage, or even young adult? How should you handle explaining your divorce to them? They are likely to be upset, having only known their parents as being together for their entire life. They have also developed a stronger sense of self by this point in their life and it will be much more difficult to have them just see it your way as a young kid might.
For many young adults who are dealing with their parents’ divorce, the subject may come up, “Did they stay together just for me?” Sometimes parents say this outright, and it’s the absolute truth. However, springing a divorce on your older children and then telling them that you only stayed together for their benefit is only going to make them feel guilty about having been the cause of you being unhappy for so long. It also causes them to rethink old childhood memories, wondering which times were filled with love and which times you were just faking it. It’s a good idea to not make your children feel like you just stuck it out for them, even if that is true.
Another issue young adults deal with in this situation is their parents will obviously treat them more as an adult, possibly leaning on them harder for moral support and explaining more about the situation than is really relevant or appropriate. Don’t pit your older child against your spouse by saying negative things about them constantly. You need to be an adult just as much as your child does. Remember that if you need any additional advice with how to handle this situation, your Miami divorce lawyer will be able to help you find the right assistance.

Psych 101: The Stages of Divorce

admin — Mon, 17 Sep 2012 15:23:36 +0000

When two people go through a divorce, there are common emotions that are typically displayed by both parties. These are often referred to as the Five Stages of Divorce. Your Miami divorce attorney can always help recommend a good therapist to help you through the stages. Here are the stages, as well as a little bit about each of them.
1) Denial – In the beginning stages of a divorce, it is easy to act like the whole thing isn’t happening. Maybe if you ignore it, it will just go away. It is easy to just ignore an unfavorable situation and hope it turns out okay. However, when things finally fall apart it can only lead to anger.
2) Anger – After denial comes anger. Many people who have gone through a divorce feel that this stage creeps back up on them throughout the process of trying to cope with a divorce. Many people have noted blaming their ex-spouse with completely unrelated unfortunate circumstances, such as losing your keys or getting stuck in traffic. Everything becomes about being angry at and blaming your ex-spouse.
3) Bargaining – This stage typically takes a person in two different directions, depending on the mood of their day. One day, you might feel totally devoted to analyzing all the reasons why your ex-spouse was the best thing that ever happened and why you want them back. Other days, you bargain with yourself about what a great decision you made and how you truly accept it, even though you are not in a place to actually emotionally accept it.
4) Depression – Although this is typically the lowest point in all the divorce stages, it is also the point where a person can finally move toward acceptance, therefore moving forward with their lives. It’s necessary to break down, cry, punch pillows and do whatever else necessary to get through this sad stage and move forward to acceptance.
5) Acceptance – Acceptance is obviously the most liberating stage. This is when all the situations you have been dealing with finally come to a conclusion and you are able to realize the positive in the situation and fully accept what has happened with your marriage.

Remember that these feelings are normal and you will get through them. Be sure to consult your Miami divorce lawyer and ask them to recommend a good counselor if you need to seek professional help.

Getting a Divorce When It’s Entirely Your Fault

admin — Mon, 10 Sep 2012 17:14:18 +0000

Sometimes divorces are pretty clear-cut. There is one devoted spouse who has done everything they could possibly do to make the marriage work, and then there is the other spouse that has done everything in their power to contradict their marriage vows. In these cases, should there be a need to contact a Miami divorce lawyer and fight a bitter battle in court? While the bitter battle will be mostly up to how each spouse decides to conduct him or herself, hiring a Miami divorce attorney is still necessary. Hopefully, both parties can meet in a pre-divorce mediation and divide assets as necessary.
Now if you are the spouse who made all the mistakes, there is truly only one way to bring any positivity to the situation and that is to make things as easy on your soon to be ex-spouse as possible. Here are some tips on how to do so:
1) Do Not Fight Over Assets – Allow them have first pick of pretty much anything they want. Draw the line where you have to. For example, they are not entitled to your old family heirlooms that they never showed interest in before. However, most other things are replaceable and after the pain you have inflicted on their partner, don’t compound the hurt with petty arguing over material possessions.
2) Be Flexible on Custody Issues – Your mistakes in the marriage have already caused a great deal of pain for your partner. If there are children involved, this can make the process all the more painful. Do not try to take sole custody from your partner if they are more than deserving of sharing custody with you. Speak to the children and ask them how you two can make them the most comfortable. Be open, and do not make the process difficult on your partner or children.
3) Apologize Unconditionally and Genuinely – Going through a divorce is a hurtful experience. It is especially hurtful for the person that was wronged. Tell your soon-to-be-ex-spouse how remorseful you are. Let them know that although you know it doesn’t change anything, you’re sincerely sorry for hurting them. No one can make you remorseful for the injustices you made toward the marriage, but you should certainly feel remorse for someone you once loved who was nothing but loyal and faithful to you. They may not accept your apology or even believe it, but putting yourself out there in that way may help them move on eventually.

What are some other ways to handle a divorce when you are the one at fault? Comment below and share your thoughts.

Dividing Assets in a Divorce

admin — Wed, 05 Sep 2012 15:48:34 +0000

When two people get divorced, one of the main things they typically fight about is actually “things.” It comes down to “who gets this” and “who gets that” and usually this turns into a nasty argument between spouses and Miami divorce lawyers. It is amazing how possessions can start to turn an already negative situation into an even more negative situation. Married couples usually know each other very well, and if they are attempting to hurt one another, then they usually go after things or people that they know are most important to their soon-to-be-ex-spouse. So how can one avoid these negative situations and just divide their assets in a mature manner? Here are some tips to do so.
1) Preemptively act with a pre-nuptial agreement – When two people get married, a pre-nuptial agreement is often seen as a slap in the face to the person that needs to sign it. However, these are simply logistical documents that any reputable Miami divorce attorney will encourage. Although the hope is that a marriage will last forever, it’s never a bad idea to put a pre-nuptial agreement in place. If your soon-to-be spouse makes a huge deal about it, then you may want to reevaluate their motives.
2) Act after the fact with a post-nuptial agreement – Post-nuptial agreements are put into place when a divorce is occurring. They usually are crafted during mediation in order to hash things out before taking the divorce to court. This makes the process run much more smoothly since all of the assets have already been divvied up according to the post-nuptial agreement. While sometimes certain assets may still be argued over, taking time to hash out a post-nuptial agreement can save a lot of time and money in future divorce proceedings.
Have you been through a divorce and used a pre-nuptial or post-nuptial agreement? Did they work well for you? Share your thoughts by commenting below!

Complications with New Relationships after Divorce

admin — Thu, 30 Aug 2012 17:54:42 +0000

So your marriage is over. It’s been a difficult period in your life, but after meeting with a Miami divorce attorney and getting through the divorce process, you and your ex-spouse have reached a level of mutual respect for each other and a conviction to positively co-parent your children. Then, you meet someone, and this person makes you feel like you’ve never felt before. Despite any fears you may carry about relationships considering your past divorce, you can’t help falling in love and starting a new relationship.
However, your ex-spouse is still single and seems to be taking your new relationship hard. They are pitting your children against you, getting into fights with your new partner and you’re not acting any more mature with the knock down drag-out fights you participate in with them.
This is a common issue that occurs when two people get divorced and only one of them finds someone new. The root of the problem typically lays in jealousy and sometimes, residual feelings from the relationship. Regardless of the reasoning, this can be a difficult situation to overcome. It can threaten the civil situation you and your ex-spouse have created, as well as your new relationship. It can also become very damaging for children involved because many times the spouse that is still single may act irrationally and try to badmouth their ex and their new companion. This isn’t appropriate by any means, but often happens.
When you enter into a new relationship after a divorce, the best way to make it smooth is keep things casual until you absolutely feel this is someone that will be around a long time, possibly forever, and they are therefore worth introducing to your children and ex-spouse. Have a conversation with your ex-spouse first, and calmly tell them how much this person means to you, and you are sorry if it hurts them at all, but they make you happy, and you want the same for them. Also tell your children about your new partner. Make sure they know that they will never replace their other parent, but they will be there as an extended family member who wants what is best for them. This is a difficult topic and there will always be bumps in the road. However, if you take it one day at a time and approach it wit respect and love for your children and ex-spouse, it will pan out as well as it possibly can. For any advice during the process, a Miami divorce lawyer will be more than happy to help.

Q & A with a Recent Divorcee

admin — Wed, 29 Aug 2012 18:58:14 +0000

For the most part, when two people get married, the plan is for it to last forever. Sometimes though, marriage ends in divorce, requiring both spouses to seek the advice of a Miami divorce lawyer. A recent divorcee who asked to be called Michelle, agreed to speak with us regarding her divorce and her experiences with a Miami divorce attorney.

Q – Thank you for speaking with us today, Michelle. Tell us about how you came to the decision to get a divorce.

A – Well, actually, the decision was made for me. My husband had met someone else and fell in love. At the time, I was devastated. However, the divorce process includes a 6-month “cooling off” period as my lawyer explained to me, and during that time, I realized that neither one of us had been happy for a long time. Even without the other person involved, it was best for us to divorce.

Q – Many people don’t have such a positive attitude about divorce. It’s refreshing that you can speak about it that way.

A – Well, when two people, or even just one person is unhappy in a marriage, it’s unfair to everyone involved to keep it going just for appearances. Anger, sadness, betrayal and all the other emotions involved will fade over time as long as you continue to do what is in your own best interest.

Q – How was your experience working with a Miami divorce lawyer?

A – Well, of course in the beginning, I absolutely did not want to be there. It meant the end of my marriage! However, it became clear soon after meeting her that not only was she going to help me through the process legally-speaking, she understood the emotions a person in my position was going through and she presented everything in the perfect way to keep me sane throughout the process.

Q – Did you run into any major issues over the course of your divorce?

A – I was one of the lucky ones. My ex was remorseful. Not about his new relationship, but about how it made me feel. He didn’t try to fight me too much on separating our assets. And I still wanted to be fair as well. Both of our Miami divorce attorneys were reputable professionals that helped us keep the process as clean as possible.

Q – Do you have any advice for those going through a divorce now?

A – Just take the high road. If the marriage is over, it’s over, and no amount of whining or crying will fix what is broken. Even if your situation isn’t as amicable as mine was, you can always control what you bring to the table. Class, and honesty will always reign supreme.

Tips for Lowering Your Child Support Payments

admin — Thu, 23 Aug 2012 17:33:21 +0000

While paying child support is necessary, right and of course, a legal obligation, sometimes a parent will get straddled with a child support payment that makes it near impossible to pay any of your other obligations. While a reputable Miami divorce attorney should be able to secure a payment that is appropriate based on your wages and current financial obligations, sometimes employment situations change for you or your ex-spouse, making the current payment amount completely out of reach. Here are a few tips to help you legally approach the situation and get your payments appropriately reduced:
1) Do not voluntarily quit a job and expect a reduction – Quitting your job doesn’t make your financial responsibilities to your child null and void. So if you are thinking of quitting, don’t. A reduction in child support will only be allowed in extreme cases, or when a person is laid off or fired.
2) Contact you local child support office – They will be able to advise you on your situation and send you the proper forms to apply for a reduction. Contacting a Miami divorce lawyer to help you get the amount lowered is always best, but if you can’t afford one, your local child support office will help you.
3) Keep very detailed financial records – Start printing out statements if you have paperless billing, or gather up all your bills. Make sure you have statements for every bit of money coming in and every bit of money going out. This will make the process much simpler. You can even visit this link to calculate an estimate of what you should be paying for child support.
Have you ever successfully been able to reduce your child support payments? Comment below and share your experience with us.

Types of Personal Injury Cases

admin — Mon, 20 Aug 2012 18:26:18 +0000

We’ve all seen the poorly scripted TV commercials and heard the ear-assaulting radio spots for personal injury services. Most of these feature actors dressed as police officers and a third-party company behind the wheel. What many people do not realize is that these companies work to put you in touch with personal injury attorneys. The question is, why give these people a cut when you can just hire a Miami Personal Injury Lawyer yourself?
A Miami personal injury lawyer will advise you on your particular case and let you know what your best options are. Below are some of the most common personal injury cases that a Miami personal injury lawyer can help you with:
1) Automobile Accident – This is the most common and the one that these third-party personal injury companies target the most. If you are in a car accident of any kind, be sure to see a doctor immediately. Even if you feel fine, you may experience issues later, so it’s better to see a doctor and then consult a Miami personal injury attorney if need be.
2) Bicycle Accident – Sometimes a bicycle accident is your fault. However, there are cases where the bike has faulty parts, a biking path is not well-maintained and leads to injury or a bike gets into a collision with another bike or vehicle. These are situations that may require legal assistance.
3) Slip & Fall and Trip & Fall Accidents – When a fall is involved, whether you slip on a wet area within a store, or trip over some boxes left haphazardly in a restaurant, it is a good idea to call a personal injury attorney
4) Animal Attacks – If a neighbor’s dog attacks you, or an animal at the zoo assaults you, a Miami personal injury attorney can help you get the compensation needed for any medical care or lost wages while you recover.

There are many other types of personal injuries that may require you to see a lawyer. Have you been involved in a personal injury case before? Comment and share your experiences below.