The Law Office of Tonya D. Cromartie, P.A.The Law Office of Tonya D. Cromartie, P.A.2022-04-04T14:28:17Zhttps://3471838.findlaw4.flsitebuilder.com/feed/atom/WordPress/wp-content/uploads/sites/1400839/2020/10/cropped-site-icon-32x32.pngOn Behalf of The Law Office of Tonya D. Cromartie, P.A.https://3471838.findlaw4.flsitebuilder.com/?p=491932022-04-04T14:28:17Z2022-04-04T14:28:17ZWhen you and your spouse separated, you may have been the one to move out. Now you’ve got a new place to furnish and turn into a home. Maybe you’re the one keeping the family home (at least for now), but your spouse took all the workout equipment or kitchen goods when they left. Either way, you need some new stuff.
Increasingly, divorcing people are asking for a little help from their friends and family by setting up a gift registry. While these used to be solely for weddings and babies, more people are setting up divorce registries for everything from bath towels to dishware to furniture and larger items.
Where can you have a divorce registry?
Large companies like Amazon and Target let people set up custom registries for any occasion. The website Divorcist gives people a place to set up a divorce registry for gifts, cash or even favors. So when a friend, relative or colleague wants to help you but doesn’t know how, a registry lets them know what you need.If you don’t feel comfortable directing people to your divorce registry, you can post it on one of your social media pages. That can help people feel less obligated to use it than a direct email (even a group email) might. Even if you only share it with a few people, it might be a good way to get that new desk you need to replace the one your spouse claimed or some help with moving.
You can ask for a little or a lot
While many people use divorce registries to fill in the holes left by the furnishings their spouse took, some people leave abusive situations with only a suitcase and some clothes. A registry can help them get a fresh start. On the other end of the spectrum, maybe you don’t “need” anything, but some calming candles would help ease the stress of the divorce process.Certainly, a divorce registry shouldn’t have to make up for not getting a fair property division settlement in your divorce. You shouldn’t have to buy all new belongings because your spouse got them all. That requires careful consideration of what you want to keep and what you’re willing to part with. It also requires experienced legal guidance. ]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.https://3471838.findlaw4.flsitebuilder.com/?p=491842022-03-21T02:20:10Z2022-03-21T02:20:10ZYou're looking over your bank statements for the last year, and you notice something strange. Every time your spouse went to the grocery store, they got cash back with their purchases. They usually took $40 or $60, and it just got lumped in with the rest of the transaction.
Cash back in itself is not strange, but it stands out to you because they never told you they were doing this. You had no idea they were putting this money inside. What does it mean? Could it mean that they're planning to ask for a divorce?
This is a tactic to hide assets
There certainly may be a reasonable explanation for this, but it's important to note that this is one of the most common ways that people attempt to hide assets from their spouses. They know that the cash back isn't going to be noticed right away, and they hope that it will never be noticed at all. But they set that money aside in a safe place, which could simply be a hiding spot at the house or a safe deposit box. Maybe they even have their own bank account where they're putting the money without your knowledge.They've been doing it for such a long time because they're trying to keep you from getting a percentage of that money. The more they can set aside, the more they can keep out of the divorce so that it won't get split up during property division.
What should you do?
Lying about assets is illegal during divorce, but it does happen. If you notice something like this going on, and it does end up leading to the end of your marriage, make sure you know about all the legal steps you can take to protect your future.]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.https://3471838.findlaw4.flsitebuilder.com/?p=491812022-03-07T20:57:06Z2022-03-07T20:57:06ZThe purpose of alimony
Alimony in these modern times is awarded only on an as-needed basis. For example, spousal support can help a stay-at-home parent (man or woman) gain more education or undergo technical training. In other words, it must serve a real need. Florida currently offers five forms of spousal support.
Bridge-the-gap. A spouse can win this type of alimony to transition successfully from married to single. (rent a home, buy a car, etc.).
Rehabilitative Alimony: This alimony award helps the spouse acquire training or education to become self-sufficient.
Permanent Alimony: Judges of today order permanent alimony in rare cases, usually when a spouse cannot support themselves (perhaps due to injury, age or illness).
Durational Alimony: As its name suggests, this alimony lasts for a set amount of time and can help the receiving party get on their financial feet.
Lump-Sum. You will receive your alimony of property or cash in one lump sum and will not be able to get anything more from your ex-spouse.
As you can see, you have possible options for alimony if you believe you need it to survive or gain financial independence. Understanding Florida spousal support laws can help you demonstrate your need before a family court judge.]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.https://3471838.findlaw4.flsitebuilder.com/?p=491792022-02-24T17:45:59Z2022-02-24T17:45:59ZYou might have heard stories of people whose spouses walked all over them in a divorce. You may also have heard tales of bitter divorces that cost huge amounts of time and money because both spouses dug their heels in and refused to budge.
You need to aim somewhere in the middle if you are about to divorce. If you have kids, this is even more crucial.
Why should you stand up for your rights?
You have the right to expect a certain amount of your marital property and a certain amount of custody of your child, so why not take it? Getting help to understand what those rights are is a crucial first step.
Why be flexible with the divorce process?
Your spouse also has rights. If you try to go too far beyond your minimum rights, you cut into what they are entitled to receive. There is no reason they should give up their rights any more than you should. Hence you both need to accept that you must compromise. If you want black and they want white, you may have to settle on grey.The more you argue and fight, the more your kids will suffer watching you. You could better spend the money and time you will spend litigating against each other on your children. A judge will almost certainly order some form of shared parenting anyway, and the more you antagonize each other in the divorce, the harder it will be to co-parent successfully.Relationships do not always work out. Forget the past and get legal help to find a divorce solution that allows you all to get on with your future.]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.https://3471838.findlaw4.flsitebuilder.com/?p=491772022-02-08T20:00:10Z2022-02-08T20:00:10ZYou've always wanted to avoid getting a DUI, and it's been fairly easy for you. You usually only drink when you're at your house, and you set up drivers to get you home on the rare occasions when you drink somewhere else. For instance, maybe you use a ride-sharing service on New Year's Eve or on your birthday. You always prioritize staying safe and obeying the law.
But is it possible to get a DUI without drinking any alcohol? Should you be worried about this happening to you?
There are a few ways it could happen
It is possible to get a DUI without consuming alcohol at all. The first way that this could happen is if you are the victim of a false arrest. Maybe you failed a field sobriety test because you were very tired, the officer took that as you being impaired by alcohol, and they decided to bring you in even though you protested your innocence. This does happen from time to time.More commonly, though, people get DUIs for impairment through other means. For instance, if you use any type of recreational drug, those can also lead to DUI charges. If you are on certain types of prescription medications, the instructions may tell you that you're never allowed to drive a vehicle while you are taking them. If you do so, even though you're not breaking the law by using the medication, you could still face charges for impaired driving. No matter why you end up facing these types of charges, just make sure that you understand all of the legal options you have for your defense. Experienced guidance can help.]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.https://3471838.findlaw4.flsitebuilder.com/?p=491732022-02-03T19:10:54Z2022-02-03T19:10:54ZYou may need to split your 401(k) or pension
The balance that you currently have in your retirement savings account or the accrued pension benefits you have with your employer may be on track to provide for you and your spouse according to your initial retirement plan, but you will likely have to divide those accounts.
At the very least, the amount that you contributed during the marriage will be part of the marital estate that influences the division of all of your assets. Your spouse may have a claim to an account solely in your name, and the reverse is also true.
The good news is that if you use a Qualified Domestic Relations Order (QDRO) approved by the courts and drafted in compliance with your property division order, you will not incur any penalties or fees for early withdrawal when you split the account.
You may have to adjust your retirement expectations
Splitting your retirement savings with your ex will impact your budget during retirement. You might be able to recover from that loss through more intense saving over the next few years. You could also adjust your prior plans and work for a few more years than you initially intended.
Some people look at other ways to reduce retirement costs, like Medicaid planning for when you grow older or arranging to live with friends to share housing costs. Keeping your focus on long-term stability can minimize the impact of a potential future divorce on your golden years after retirement.]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.https://3471838.findlaw4.flsitebuilder.com/?p=491712022-01-25T16:08:05Z2022-01-25T16:08:05ZYou and your spouse bought a dog together when you first got married. You are very excited to welcome this lovable little creature into your lives.
Now that you're getting divorced, you're not sure what to do with the dog. Both of you would like to still see your pet, and you now have children who have also bonded with the animal. Is the court going to create a custody plan for your dog in the same way that they would for your kids?
The court sees your dog as property
In general, no, the court may sign off on a custody plan that you and your spouse agree to, but they're not going to make one for you. The reason for this is that custody plans are only created for children, not for property. The court still views your dog as property, even though you probably view the dog as part of the family.What this means is that, if the two of you can't come up with a solution, then the court is going to just consider the dog as part of the property division process. Perhaps you paid $2,000 for the pet, and you also paid $2,000 for your kitchen table. The court may simply give one of you the kitchen table and the other one the dog. This doesn't feel fair to you, because you care much more about your beloved pet, but it is fair in the eyes of the law because these are just property items with similar values.If you'd like to avoid an outcome like this, it's very important to understand your legal options from the very beginning. There are steps you can take to come up with a solution that will work. ]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.https://3471838.findlaw4.flsitebuilder.com/?p=491662022-01-11T15:42:11Z2022-01-11T15:42:11ZThere are many cases where both adults decide that they want to end their marriage and get divorced. They may not be happy with each other, but they're both at least on the same page that this is the direction they want to take.
However, there are many other cases where one person wants a divorce and the other doesn't. In some situations, this is because that person holds religious beliefs about marriage and divorce that make them believe they should not end the marriage. In other cases, that spouse believes that the marriage can be fixed and the problems can be overcome, and they think that divorce is just too drastic.
if your spouse really hates the idea of a divorce, can they actually just refuse to grant you one?
You can always seek a divorce
There is no way for your spouse to legally stop you from getting a divorce. They may try to suggest alternatives, such as getting therapy, or they may ask you to reconsider. They're certainly allowed to do all of this, and they can tell you that they do not want to get a divorce. They can even refuse to cooperate or refuse to sign the papers.However, even if they won't sign anything, you can still move forward and get a default divorce. Your spouse cannot stop you from doing so, no matter their reasons. You can always attempt to get a divorce if that's what you would like.Of course, a situation where you and your spouse disagree so seriously on the direction your relationship should take may mean that things will get complicated, so it's especially important to know what legal steps to take.]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.https://3471838.findlaw4.flsitebuilder.com/?p=491632022-01-07T19:08:20Z2022-01-07T19:08:20Zdivorce may be the best option for you, your former spouse and your children.
Time for self-care
The transition into married life typically means a shift in priorities. Throughout the marriage, you may have prioritized the needs of your partner. While this is admirable, it should not come at the expense of your own well-being. Post-divorce life may give you some time to reflect and return to taking care of your own needs. You may have the opportunity to get back to partaking in activities that you used to enjoy and reconnect with old friends.
Pursuing your career goals
Throughout the marriage, you may have put your own career ambitions on the back burner. Your spouse may have been the sole breadwinner, meaning that you sacrificed your own ambitions for the sake of the relationship. Post-divorce, this doesn’t need to be the case. You have the freedom to chase that dream job, get back into education or look into forming your own business.
You can both be better parents
A toxic relationship can be draining for both parents. It is inevitable that tensions and unhappiness will impact your ability to perform as a parent. Post-divorce, you may both be able to concentrate fully on being the best parents your children could ask for. It often comes as a surprise, but many parents actually have a closer bond after divorce. As long as the children know that they are the priority, co-parenting can be a roaring success.
Although divorce isn’t easy, it is perfectly feasible for the family to come through the other side. As you embark on the process, be sure to take note of your legal rights in Florida.]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.https://3471838.findlaw4.flsitebuilder.com/?p=491612021-12-10T19:33:55Z2021-12-10T19:33:55ZAs the winter holidays approach, excitement fills the air. Children anticipate the annual visit of Santa and families lock in plans for visits from loved ones they might not have seen recently.
Even the workplace is rocking a different vibe, with colorful decorations and “Secret Santa” exchanges. And don’t forget the holiday office party where at least one employee will likely overindulge and become intoxicated.
Drunken driving can net you a DUI — or worse
The chief of the Daytona Beach Shores Police Department, who also is the president of the Florida Police Chiefs Association, encourages drivers to remain vigilant while driving on Florida’s busier-than-usual roads and streets. His cautionary words are echoed by the public affairs director of AAA – The Auto Club Group here in Florida. She stated that “AAA wants everyone to remember that impaired driving is never safe driving,” and encouraged motorists to prioritize safety.
Remember your rights if stopped on suspicion of drunk driving
Getting stopped by the police on suspicion of DUI does not strip you of your rights. For instance, you have the right to refuse to participate in field sobriety tests that are subjective in nature and easy for even sober drivers to fail.If you get arrested for a DUI, refuse to answer police questioning by stating that you are invoking your right to remain silent until you speak to a criminal defense attorney. Remember that your stalwart defense against the charges begins with your arrest, the stages of which are likely recorded. Don’t hand the prosecutor gift-wrapped evidence against you this holiday season.]]>