The post Are Gifts Subject to Division in Divorce? appeared first on The Law Office Of James M. Burns.
]]>When divorcing in Florida, it’s important to understand that your marital property will be divided in accordance with equitable distribution. However, that doesn’t mean that you will face an equal division. Essentially, the court will divide property and debts in a way that is fair to both spouses according to their specific circumstances. Therefore, it’s possible for one spouse to receive a larger share of their marital assets if the court deems it reasonable. The court will consider the following to determine a fair split:
When it comes to the division of marital assets, gifts present a unique challenge for couples. Typically, they are divided based on when they were received and whom they came from. As mentioned above, not all assets are subject to division during divorce proceedings. Separate property, accumulated before the marriage, is usually not up for division. Therefore, if a gift were received outside of the marriage, it would not be subject to division.
Marital property, on the other hand, is any asset that was acquired during the marriage, regardless of who acquired it. Marital property is subject to property division in a divorce. Any gifts that were given during the marriage from one spouse to another are considered marital property. Now, this doesn’t mean that you will have to give the gift back necessarily, but you will have to determine a way to offset its value to keep it. Furthermore, gifts you receive from someone other than your spouse during the marriage are yours to keep as they are considered non-marital assets. However, there are exceptions to this. If your gifts have been commingled with marital assets, the gift will then be subject to division. Commingling is the mixing of funds.
Ultimately, it’s important to distinguish whether a gift is considered separate or marital property, as this will determine whether it’s subject to division during divorce proceedings. If you’re concerned about your financial security, please don’t hesitate to contact a talented Pensacola property division lawyer from The Law Office of James M. Burns, who can help you fight for what is rightfully yours.
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]]>The post When Are Emergency Custody Orders Necessary? appeared first on The Law Office Of James M. Burns.
]]>When a parent is concerned for their child’s safety, they can request a modification to their existing custody agreement. When you fear that the other parent will cause irreparable harm to your child, the court can provide an emergency custody order, which is a temporary order that changes a parenting time arrangement to protect a child against abuse, imminent physical danger, or potentially being removed from the state. Essentially, this order asks the court to intervene to remove a child from harm’s way.
Emergency custody is only warranted when there are grounds for it and a parent can prove the grounds. The court typically tries to preserve the parent-child relationship as they believe it’s in a child’s best interest to have a regular and ongoing relationship with both parents. Therefore, the burden to prove an imminent threat of danger is high. The possible grounds for getting an emergency order include:
Depending on the circumstances, an emergency hearing will be set after filing the forms for emergency custody. A judge will examine all of the facts of the case to determine if a temporary custody order should be issued. The child will be removed from the potentially dangerous situation during this time.
If you legitimately fear for your child, it’s in your best interest to contact a trusted lawyer from The Law Office of James M. Burns, who can help fight to protect your child’s well-being. Our legal team is prepared to help you request an emergency modification of an existing custody or visitation order.
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]]>The post How Long Does a DUI Stay On My Record? appeared first on The Law Office Of James M. Burns.
]]>In Florida, the court is aggressive towards DUI offenders to deter them from getting behind the wheel while impaired again to protect the general public from harm. In some states, you can have a DUI conviction completely removed from your record. This is known as expungement, where a record of a criminal conviction will be erased. A DUI conviction can have long-lasting consequences. Therefore, having a DUI conviction expunged from your record can significantly benefit you down the road.
Unfortunately, you can never expunge a DUI conviction from your record in Florida. If you’re charged with DUI, it will stay on your record indefinitely. Having this mar on your record will thwart your career progression, increase your auto insurance premiums, and ultimately negatively impact your future.
It’s crucial to understand that a DUI conviction doesn’t just appear on your driving record. This offense will result in a criminal record as you’ve endangered others by your reckless actions. In Florida, a DUI can be charged as a misdemeanor or a felony offense. As mentioned above, a DUI conviction will become a permanent part of your record.
Nevertheless, the only two ways to prevent having a DUI on your record are by having the charges dropped or the court finding you not guilty after trying your case. DUI charges may be dropped if there is a lack of evidence. The prosecution is burdened with proving your guilt beyond a reasonable doubt. If they fail, your charges may be dropped, or the court may render a not-guilty verdict.
To maximize your chances of having your charges dropped, it’s in your best interest to enlist the help of a skilled Pensacola DUI defense lawyer. At The Law Office of James M. Burns, we are prepared to tirelessly fight to combat your charges to protect you from an uncertain future.
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]]>The post Can Alimony Be a One-Time Payment? appeared first on The Law Office Of James M. Burns.
]]>Depending on the unique circumstances of your divorce cases, a judge will determine whether the paying spouse will fulfill their alimony obligation through one lump sum or in monthly installments. A lump sum alimony payment is an alternative to monthly alimony payments. The lump sum payment is a one-time payment equivalent to what would otherwise be periodic payments. Essentially, a spouse will fulfill their entire alimony obligation at once. Following the divorce, the paying spouse would provide the necessary funds upfront rather than over time as a monthly amount.
While this may seem like an attractive option, as it offers a clean break from your ex-spouse following the divorce, this option is not feasible for everyone. For many people, paying the total amount of their alimony obligation upfront is a financial challenge. Many people prefer monthly alimony payments because their financial obligation is spread out over time, making it easier to complete their payments. That being said, it’s in your best interest to consult an experienced Pensacola alimony lawyer to ensure this option suits your situation.
One of the numerous benefits of lump sum alimony is avoiding a drawn-out financial obligation to an ex-spouse. Fulfilling your alimony obligation in a single payment will also prevent an ex-spouse from requesting to increase their monthly alimony payments in the future if there is a substantial change in circumstances that warrants a modification to an existing alimony order.
Moreover, the non-paying spouses will have immediate access to their full alimony payment. This means they can use it to fulfill their financial objectives, such as purchasing a home or furthering their education.
Despite the various benefits of lump sum alimony, there are some pitfalls. If an individual is financially irresponsible, they may squander a large payout, leaving them in a financial bind in the future. A lump sum alimony payment can also prevent an individual from being eligible to receive certain public benefits and government assistance programs.
Regardless of whether you’re obligated to pay or entitled to receive alimony, it’s essential to weigh the pros and cons of each delivery method. Please don’t hesitate to contact a knowledgeable lawyer from The Law Office of James M. Burns, who can help you make an informed decision.
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]]>The post Will a Felony Conviction Affect My Career? appeared first on The Law Office Of James M. Burns.
]]>According to research, an estimated 65 million Americans have a criminal record. You may find searching for an excellent job challenging if you are one of them. While job seekers with criminal records have some legal rights, employers have discretion in hiring decisions. When you apply for a job, one of the first things employers do is run a background check. Employers often use criminal records as a factor in considering an applicant. If they find a felony offense, this could point to signs of moral problems, unethical behavior, dishonesty, and a lack of responsibility. Therefore, many employers feel that felonies are too serious of an offense to overlook.
A felony conviction can also result in the loss of your current job. At-will employment allows an employer to dismiss an employee for any reason and without warning as long as the reason is not discriminatory. That said, a felony conviction can be viewed as evidence of a moral problem, which could be causation for the immediate termination of an employee. It’s crucial to note that if you’re not fired immediately, you may wind up unemployed anyway due to the time off you’ll need to serve your criminal sentence.
Furthermore, a felony conviction can diminish your ability to obtain professional licensure. If you’re a licensed professional or plan to enter a profession that requires one, a felony conviction can result in losing an existing license or denying one in the future. This will ultimately prevent you from doing what you have been trained to do for a living.
If you don’t have a college degree, a felony conviction can make it much more challenging to obtain one. Many universities will review whether you have a criminal record during the application process. While you may not be denied enrollment to the school, you will likely be prohibited from receiving financial aid. This can prevent you from pursuing a higher education as it’s incredibly costly in today’s society.
As you can see, the consequences of a felony conviction stretch way beyond just the court-imposed sentence. To protect your current or future career, it’s in your best interest to enlist the help of a talented criminal defense lawyer from The Law Office of James M. Burns. Our legal team is prepared to defend your rights and interests.
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]]>The post What Are the Common Challenges Faced in Child Custody Cases? appeared first on The Law Office Of James M. Burns.
]]>One of the primary obstacles parents face in child custody cases is agreeing on a suitable custody arrangement. Understandably, it can be challenging to determine an agreement when each party’s valuable parenting time is at stake. Disputes can arise over the type of custody, visitation schedules, decision-making responsibilities, and even relocation. These disagreements can escalate quickly, leading to a costly and time-consuming legal battle that negatively affects their children. Parents need to consider child custody mediation, where a third-party mediator will help them determine the best custody arrangement to safeguard their child’s well-being.
Paren relocations are another common issue that is present in many child custody cases. When one parent wishes to move away, it can disrupt an established custody or visitation arrangement. This can impact the child’s stability and access to both parents. However, it’s crucial to note that parent relocations cannot occur without the court’s permission. Therefore, if your child’s other parent is trying to relocate without obtaining the court’s permission, our legal team can help you take the necessary steps to enforce your rights.
Furthermore, another significant issue that frequently arises in child custody cases is decisions regarding the child’s upbringing. Decisions regarding how a child is raised can stir up conflict as the parents may have differing opinions on what’s best for their children. This can result in parents having different rules in each home, confusing the child. Children must benefit from stability and consistency.
If you’re facing a child custody case, it’s importnat to have an experienced Pensacola child custody lawyer on your side. Child custody cases can be emotionally taxing, and disputes can escalate quickly. Our qualified legal team can help steer you through these complicated legal proceedings and ensure your child’s best interests are met. Don’t face this difficult time alone.
At The Law Office of James M. Burns, we are prepared to help you protect your family. Please don’t hesitate to contact us today to discuss your case and learn how we can assist you moving forward.
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]]>The post Can I Go to Jail for Shoplifting? appeared first on The Law Office Of James M. Burns.
]]>Under the law, you will be charged with theft if you “intentionally take or seize unauthorized control over another person’s property to deprive the other person of that property.” It’s imperative to understand that taking another person’s property or services can occur physically or through deceptive measures.
Theft offenses, such as shoplifting, are classified based on the value of property involved and, in some cases, the circumstances or type of property involved. That said, penalties can range from a class A misdemeanor to a class B felony. The lowest level theft offense is a fourth-degree theft charge, considered a class A misdemeanor. If you stole property or services valued at or under $500, you will face a fine of $6,000 and up to one year of imprisonment.
It’s crucial to understand that it is considered a felony offense to steal property or services valued at over $500. If the value of the property or services involved is more than $500 but less than $1,500, the offense constitutes a third-degree theft charge. A third-degree theft is classified as a class D felony, meaning it’s punishable by a fine of up to $7,500 and imprisonment for no less than one year and a day to five years. If you steal property or services that are valued between $15,000 and $2,5000, this constitutes second-degree theft. This is a class C felony, punishable by a fine of up to $15,000 and imprisonment for up to ten years. If the value of the property involved is more significant than $2,500, it’s classified as first-degree theft, which is a class B felony. First-degree theft is punishable by a fine of up to $30,000 and a minimum of two years to a maximum of 20 years imprisonment.
Sometimes, shoplifters can be punished by criminal and civil penalties. Therefore, if you commit a shoplifting theft offense, you can be held civilly liable for your actions. If the property you stole is no longer in sellable condition, you can be ordered to reimburse the store owner for the full retail value of the property. In some cases, you may even be ordered to reimburse the store owner for up to $200 in expenses incurred to recover the shoplifted property. Furthermore, you could be ordered to pay $1,000 to cover the store owner’s legal costs.
As you can see, theft convictions carry harsh penalties that can disrupt various aspects of your life. If you’ve been charged with shoplifting or another theft crime, it’s in your best interest to contact a dedicated Baldwin County criminal defense lawyer who can defend your rights and interests. At The Law Office of James M. Burns, we are prepared to effectively fight for you to shield you from your charges.
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]]>The post Will I Lose Custody for Failing to Uphold My Child Support Obligation? appeared first on The Law Office Of James M. Burns.
]]>In Florida, failing to pay child support can have severe consequences. If a non-custodial parent misses a child support payment or fails to pay the total amount, the custodial parent can enlist the court’s assistance to enforce the child support order. Depending on the reasoning for the non-custodial parent failing to uphold their child support obligation and how far behind they are in missed payments will determine the type of punishment they’ll face. The following include but are not limited to some of the common penalties that a non-custodial parent may be subject to for failing to uphold their child support obligation:
A significant concern for non-custodial parents who can’t make their child support payments is losing custody of their child. Child support is a form of financial assistance for the child’s overall well-being. Therefore, it does not have any bearing on custody arrangements. However, custody arrangements can influence how much child support needs to be paid, mainly based on how much time each parent has with the child. The court will not terminate parental rights based on the failure to pay child support alone. This means the custodial parent cannot withhold parenting time with your child if you fail to uphold your child support obligation.
If you’ve fallen behind on your child support payments, please don’t hesitate to contact a trusted lawyer from The Law Office of James M. Burns, who can help you initiate the modification process to have the original child custody order changed to reflect your current financial circumstances.
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]]>The post What are the penalties for cocaine possession in Florida? appeared first on The Law Office Of James M. Burns.
]]>The Drug Enforcement Agency (DEA) enforced the Controlled Substances Act (CSA) to establish a federal drug policy under which the manufacture, importation, possession, use, and distribution of certain substances are regulated. Essentially, the CSA is used to prosecute violators by classifying drugs and other substances into five distinct schedules based on the drug’s accepted medical use and the drug’s abuse or dependency potential. The schedules range from Schedule I to V. Schedule I drugs are considered to have the highest risk of abuse and have no recognized medical use for treatment in the U.S., while Schedule V drugs have the lowest potential for abuse. Cocaine is a Schedule II drug. Therefore, due to the highly addictive nature of the drug, Florida carries harsh penalties for cocaine possession, distribution, and trafficking.
If you’re caught in the possession of less than 28 grams of cocaine, it’s considered a third-degree felony. This is because of the high potential for abuse. The crime of possession of cocaine in the third-degree felony is punishable by a potential fine of $5,000, five years of probation, and up to five years of imprisonment. However, if the prosecutor can prove you had the intent to sell or deliver less than 28 grams of cocaine, it’s elevated to a second-degree felony. This can result in a fine of up to $10,000 and up to 15 years of imprisonment. The possession of 28 grams or more of cocaine is prosecuted as trafficking. If the weight of the drug is 28 grams or more, the penalty is up to 30 years of imprisonment. Furthermore, any person who is convicted of possession of cocaine will face a six-month license suspension.
If you were charged with possession of cocaine, you need a seasoned Pensacola drug crimes lawyer from The Law Office of James M. Burns to represent you. Our legal team is prepared to aggressively defend you to shield you from your charges. Allow our firm to represent your interests today to maximize your chances of achieving the best possible outcome for your case.
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]]>The post What Is Supervised Visitation? appeared first on The Law Office Of James M. Burns.
]]>Florida law establishes a standard that both parents should remain involved in their child’s life even though their marriage has ended. The court will generally find adequate visitation and access to both parents to serve the child’s best interests. However, they will determine each parent’s fitness to ensure a child’s safety and well-being. If the court has reason to believe the child is not safe alone in the care of a parent, they will limit the amount they can see the child and require a trusted individual to supervise their interactions. The following includes some examples of situations where supervised visitation may be ordered:
When supervised visits are ordered, there will often be designated locations. This may include a public or private space. For example, a supervised visit could occur at a local park or a grandparent’s home. This is ultimately up to the court to determine what is best for the child. In most cases, a trained individual such as a social worker will be assigned to minor the non-custodial parent for the duration of the visits. However, some parents may agree to have other trusted adults supervise the visits, such as the child’s grandparents. Whether it’s a trained expert or a family member, whoever is responsible for overseeing the interactions must follow the rules, such as not permitting the parent to be alone with the child.
Furthermore, supervised visits are typically only ordered temporarily until the non-custodial parent can prove that they no longer pose a risk to the safety and well-being of their child. For instance, if a parent has an uncontrolled mental illness but completes a treatment program and no longer presents a potential risk to the child, then the court may award unsupervised visits.
For more information regarding supervised visitation, please don’t hesitate to contact a determined Pensacola child custody lawyer. At The Law Office of James M. Burns, we are prepared to help you safeguard your parental rights and your child’s best interests.
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