Bartow Legal Blog

Florida allows simplified divorce for people with no minor kids

On behalf of Saunders Law Group posted in Family Law on Friday, February 14, 2020.

People who are married and don't have children under 18 can often use the simplified divorce option that's available here in Florida. This provides them with a faster and easier process that enables them to move forward with life without having to go through a contentious divorce.

In order to file for a simplified divorce, you must have lived in the state for six months prior to filing. You can't have any minor children or seek alimony. Additionally, the wife can't be pregnant at the time of the divorce.

Look for weaknesses in a prenuptial agreement before divorce

On behalf of Saunders Law Group on Monday, February 3, 2020.

Couples who created a prenuptial agreement before marriage often have an easier time navigating divorce. A strong agreement can help avoid many of the conflicts that prolong divorce and can save couples time and resources as they separate their lives and plan their next steps. However, a prenuptial agreement with errors or legal weaknesses may not stand up to scrutiny by a court, which may lead to more complications in the long run.

If you have a prenuptial agreement and believe that your marriage is headed for divorce, you are wise to examine your agreement carefully before attempting to enforce it. If the agreement does not have errors or legal weaknesses, it is probably a good foundation for building your divorce strategy. On the other hand, if you find any issues with the document, understanding these problems also helps you build a strong strategy, keeping your rights and priorities protected throughout the divorce.

Think about the future when seeking compensation

On behalf of Saunders Law Group posted in motor vehicle accidents on Friday, January 31, 2020.

Being involved in a car wreck means that you might suffer some injuries for which you need medical care. It is imperative that you get this care as soon as you can after the crash. This helps you find out if there is anything that is going to require more care. We know that this is a difficult time for you, but we are here to help you through the legal process that you can go through in an attempt to seek compensation.

When you seek compensation, you are passing along the financial responsibility of the crash to the liable party. There are several things that you can claim in your case. Your medical bills and missed wages are two of these, but there are sometimes others.

Res ipsa doctrine and medical malpractice actions

On behalf of Saunders Law Group posted in medical malpractice on Friday, January 17, 2020.

Receiving medical care can either feel routine or overwhelming. Whether a patient is at a clinic for a regular check-up or is at a medical facility due to an illness, injury, emergency or scheduled procedure, a patient is likely to encounter various medical professionals. And when a patient is experiencing a wide range of pains and emotions, it can be difficult to recall what medical professional did what at what point of their care. Thus, when a patient suffers harm, it may be challenging for them to pinpoint just how this harm occurred and who is accountable for the harms suffered by a medical mistake or error.

Proving fault in a medical malpractice action can seem difficult for injured patients filing this action. In many cases, this is true, as it can be challenging to compile evidence that clearly illustrates medical negligence and the cause of the harms suffered. Nonetheless, even when it is difficult to obtain such evidence, proving fault is still possible.

How do family-owned business finances impact a divorce?

On behalf of Saunders Law Group on Thursday, January 16, 2020.

Owning a business with your spouse is one road to financial freedom, but you need to ensure that you are taking an active role in the business so you are aware of the revenue trends. Having a basic understanding of this can benefit you if the marriage goes sour and you end up going through a divorce.

When only one spouse is aware of the revenue and other financial aspects of the company, there is a chance that the other spouse will be at a disadvantage during the divorce. They may encounter sudden income deficit syndrome, or SIDS, once the divorce is filed.

Retained surgical items are a threat to patient safety

On behalf of Saunders Law Group on Friday, January 3, 2020.

After surgery, you never felt right. The doctors and nurses said everything went fine, but when you thought about the fevers that happened sporatically and the unusual pain you felt on and off for weeks, you intuitively knew it wasn't.

Eventually, you decided to go to a new doctor and ask for help. You were once again dealing with pain and a minor fever. They ordered a scan of the area and were shocked when it turned out that a surgical tool had been left inside you.

Delinquent child support and driver's license suspension

On behalf of Saunders Law Group posted in Family Law on Thursday, January 2, 2020.

Child support obligations are not meant to be based on an agreement between the parents. Rather, they are based on the parents' obligations to their child. The state of Florida enforces these obligations in the interest of protecting the child, and also because if the parents can't or don't pay for the child's needs, the child will need public assistance.

Florida has many ways of cracking down on parents who are delinquent in paying child support. Among other enforcement options, the state can suspend a parent's driver's license. This is a somewhat controversial move, because taking away a person's driving privileges can make it harder for them to get to work to earn the money to pay child support.

Wrongful death damages for loss of child or elderly person

On behalf of Saunders Law Group posted in Wrongful Death on Thursday, December 19, 2019.

The death of a loved one is a difficult event to cope with, no matter a person's age. When a family member is taken away far too soon, this tragedy can cause many questions regarding why it happened, how it happened and who is responsible. Thus, following a fatal accident, family members of the deceased should take the time to explore their options, as there may be legal recourses available.

When an adult is wrongfully killed in an accident, assessing the damages suffered by surviving loved ones can be fairly straightforward. This amount is usually based on their age, quality of life, future earnings and loss of companionship. However, when a young child or an elderly person is tragically killed in a fatal accident, it can be more challenging to assess the damages.

Points to remember when you're a parent going through divorce

On behalf of Saunders Law Group on Thursday, December 5, 2019.

One of the most difficult decisions that parents have to make is what's going to happen with the child custody situation. Traditionally, one parent has moved out of the home and the children split their time between the two homes based on the parenting time schedule that is part of the child custody order.

There is another option that has become increasingly more popular recently. Dubbed bird's nest parenting, this method is based on the child remaining in the same house. Instead of the child switching homes, the parents move into the child's home when it is their parenting time. They then move back to their own home when it is time for the other parent to be with the kids.

Helping medical malpractice victims fight after a misdiagnosis

On behalf of Saunders Law Group posted in medical malpractice on Thursday, December 5, 2019.

The holiday season is the time of year when we wish cheer and good health to others. Unfortunately, health issues could suddenly creep up on us, whether it is detected through a routine medical exam or a visit with a specialist prompted by concerning ailments. While a diagnosis of an illness often means getting a prescribed treatment plan from a medical professional, if a medical professional made a misdiagnosis, significant harm could be caused to a patient.

Patients trust medical professionals because of the extensive education and training doctors and nurses receive. Patients expect that this will allow for accurate diagnoses and treatment plans. But if the wrong tests are ordered, symptoms are overlooked, or test results are misread, then a misdiagnosis, delayed diagnosis, or a failure to diagnose can occur. Not receiving any treatment for an illness could mean a worsened condition, and receiving the wrong treatment plan due to a misdiagnosis could cause new medical issues.