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How A Tampa Divorce Attorney Can Use Florida’s Divorce Law Presumptions To Advance His Client’s Goals

 

The filing of a Florida divorce petition may give rise to many disputes between the two parties. If the parties do not agree to an uncontested marriage dissolution the two parties can end up in a long, drawn out battle over many contentious issues. Often, the request of alimony payments by one spouse results in rigorous negations and debate between the two parties. The Tampa divorce attorney representing each spouse will use all pertinent facts and favorable Florida divorce laws to try and advance his client’s goals regarding alimony negotiations.  Frequently, collaborativedivorcenetwork.net will rely on the legal presumptions under Florida divorce law to advance their client’s interests.

A legal presumption means that the court will presume that an underlying fact is true. A Tampa divorce lawyer will not need to prove the presumption or provide any evidence to support it. A Florida family law court will apply the legal presumption unless the opposing Tampa divorce attorney provides enough evidence to defeat the presumption. Thus, if the legal presumption weighs against a spouse’s position regarding alimony the spouse has the burden of proving the presumption should not apply.

 


Florida Divorce Law: What Happens if A Parent Wants To Move Away With the Children

If the primary parent wants to move with the minor child to a new dwelling, which is fifty miles or more away from the present domicile the relocating parent must get assent from the other parent or from a Florida family law court. The intent of Florida divorce law is to grant  joint custody and to facilitate frequent and continued interaction with both parents. Florida divorce Law encourages parents to share the privileges, workload, and pleasures of raising the children. Moving a minor child 50 miles or more away from the current domicile can disturb the intent of joint parenting. If a petition to relocate is made, the Florida family law court will take into account  many factors when deciding if the relocation will be permitted. In these conditions, it is crucial to consult with a Tampa divorce attorney who is skilled in the law and can offer competent legal advice.Visit  yanglawoffice.com to get more information and learn the right legal of divorce law.

A Florida divorce law court will contemplate various issues; however, the heart of the Florida divorce law court’s decision will be to decide what is in the best interest of the child. The guardian applying for the relocation has the burden of verifying that the relocation is in the best interest of the child. However, if this burden is met the burden will then shift to the other parent to establish that the relocation is not in the best interest of the child. A skilled Tampa divorce attorney will argue on behalf of a parent and communicate the best possible argument to support his client’s position. A competent Tampa divorce attorney will be well-informed of all the issues the court will bear in mind and will advocate effectively  for his client.If you have questions about child relocation or any other Florida family law issue contact Florida Law Group for answers. An knowledgeable Tampa divorce lawyer can listen carefully to your questions and provide you reliable legal advice during a free, confidential consultation.


What Are the Nevada Laws About Deficiency Judgment?

NEVADA MORTGAGE LAWS:
In this session, we are going to discuss in somewhat greater details the Nevada Mortgage Laws and how to handle the looming foreclosure crisis which has state of Nevada in the highest ranks in USA.NRS 40.430 Action for recovery of debt secured by mortgage or other lien; “action” defined.Nevada has only One Action Law for the recovery of any debt, or plattslaw.com for the enforcement of any right secured by a mortgage or other lien upon real estate. That action must be in accordance with the provisions of NRS 40.430 to 40.459, inclusive.

What is One Action Rule of Nevada?
This section must be construed to permit a secured creditor to realize upon the collateral for a debt or other obligation agreed upon by the debtor and creditor when the debt or other obligation was incurred. A sale directed by the court pursuant to subsection 1 must be conducted in the same manner as the sale of real property upon execution, by the sheriff of the county in which the encumbered land is situated, and if the encumbered land is situated in two or more counties, the court shall direct the sheriff of one of the counties to conduct the sale with like proceedings and effect as if the whole of the encumbered land were situated in that county.

What this One Action Rule Does Not Include?
(a) To appoint a receiver for, or obtain possession of, any real or personal collateral for the debt or as provided in NRS 32.015.
(b) To enforce a security interest in, or the assignment of, any rents, issues, profits or other income of any real or personal property.
(c) To enforce a mortgage or other lien upon any real or personal collateral located outside of the State which does not, except as required under the laws of that jurisdiction, result in a personal judgment against the debtor.
(d) For the recovery of damages arising from the commission of a tort, including a recovery under NRS 40.750, or the recovery of any declaratory or equitable relief.
(e) For the exercise of a power of sale pursuant to NRS 107.080.