Post Divorce: Relocating with Children

Divorced and want to relocate with children?

The Judge decided it was in the children’s best interest to live with you. He granted visitation rights on weekends and vacations to the other parent.

This decision is not ironclad and does not allow you to relocate with the children at your sole discretion. The restrictions on your freedom to move and to settle somewhere can be justified by two essential elements:

  • Maintaining the child’s his living conditions as stable as possible. Relocating a child creates more distance between him and the other parent, and implies changing schools and his whole environment.
  • The other parent, though less present, remains a parent and is entitled to maintain normal and close relationships with the children

In Florida, any relocation beyond a 50 miles of the children’s residence requires the authorization of the other parent or court.
To get such authorization, the petitioning parent must demonstrate how relocation:

  • Is unavoidable due to a major change of life circumstances, such as a new employment.
  • Is not contradictory to the children’s best interest.
  • Does not unreasonably interfere with the rights of the other parent.
  • Accommodations will be made to the new circumstances.

Moving the children abroad is even more complicated. Indeed, beyond the previously mentioned points, the relocating parent will have to obtain a signed authorization from the other parent to travel with the children, and again every time the children’s passports require renewal.

The expertise of a specialized attorney in this type of procedure is highly recommended to avoid a long and, more often than not, a very aggressive procedure. Contact Boyer Law Firm, P.L. for an assessment of your post divorce relocation needs.

Gateway to US Work Authorization

For many foreign nationals, the American dream begins with a work permit earned through a US visa. Without this, foreigners cannot survive in the land of capitalism.

What every potential immigrant needs to know is that not all visas merit a work permit. Tourist visas—such as an ESTA, or B1 / B2 visas—are out of the question. The same goes for traveling to the U.S. with a passport; a passport is just a waiver “ticket” for citizens of countries in the U.S. Visa Waiver Program.

In some cases, the work permit may be granted, but limited to the type of work or how long you can work. For example, a student visa can lead to a work permit but, holders are limited to work 20 hours a week. Most commonly, a work visa is issued for a specific professional position or for a specific employer in the United States. The H1-B or the Investor Visa (E-2) are examples of “specialized” visas, which come with their own set of limitations on who you can work for. It is also important to be aware that any change in jobs would require a new application. Failing to follow this rule comes with legal consequences. Finally, the family members of visa-holders may be what is known as a “visa-derived beneficiaries” and may also be eligible for a US work permit.

Recent immigration policies have added red tape to the process of getting a US work authorization. The current application processing includes rigorous procedures that an experienced immigration attorney can help navigate. To avoid delays or complications, it is best to hire one of the more seasoned immigration attorneys to facilitate process. Contact Boyer Law Firm, P.L. for a review of your eligibility for a US Work Permit.

Wedding Disaster

You have dreamed about this day as long as you can remember.

It is finally time to make your dream come  true. It will take the help of many vendors to create the day of your dreams. You need to depend on the dress maker, caterer,  videographer, florist wedding planner, and more.

To be sure they make your dream come true, you need to state your wish clearly. The best way to is to draft a detailed contract specifying what you want and how you want it. The wording of your contract is essential. Be particularly attentive to the conditions of payment, the consequences of any breach of contract, the limitations of liability of the service provider, the applicable law, and the jurisdiction.

The more specific your contract language, the more guarantee you have that your dream day will not turn into a nightmare.

If despite these efforts your wedding dress is not as beautiful as it was supposed to be, if the food was not what you ordered, or if your wedding photos are all blurred, you should contact an experienced attorney to defend your interests and get full compensation for your loss.

Contact Boyer Law Firm, P.L. for an assessment of your wedding day loss.

Equitable Distribution

We all know divorce implies a division of the couple’s assets. However, this distribution will operate differently depending on whether or not the couple has a prenuptial or  post nuptial contract governing the distribution. In the absence a contract, Court will apply the legal rules by default to determine the distribution.

Most of the countries in the world have adopted the community regime. This means that all property acquired by each of the spouses will remain his or her personal property. On the other hand, assets acquired after the marriage is considered common and will be distributed to both spouses after consideration of its value and each spouse’s contribution to its acquisition for some assets. This is true of most European countries, and some states like California.

Florida on the other hand distributes assets according to the principle of equitable distribution. This rule distinguishes between three types of assets: those of each spouse acquired prior to marriage, by each spouse during the marriage, and by the couple during the marriage. For assets acquired before marriage, it’s simple; Each spouse keeps what belonged to him or her before marriage.

How are common assets and separate assets acquired during the marriage distinguished? What about assets acquired by inheritance? Income? Joint bank accounts receiving income from both parties? Retirement plans?

These are a few of the many questions that need to be answered before initiating a divorce procedure. The help of a specialized and experienced lawyer will allow you to fully understand the material and financial consequences of your divorce. Your attorney will also be best able to defend your interests in the event of a dispute over the nature of an asset. 

Contemplating divorce? Contact Boyer Law Firm, P.L. for an assessment of your legal options.

Florida Breach of Contract

Yea, I know.. contracts are boring.

But when assets are at stake, a contract can make or break a company/individual. Contracts exist in almost every facet of life, especially when buying or selling goods or services. In Florida, contracts for a good, such as a boat or a car, may come with obligations not mentioned in the contract. For example, in a contract for the sale of goods, unless the seller makes it clear that the sale is “AS IS,” the seller promises that the goods work as they should and are not broken. When either party to a contract fails to perform his/her obligation, whether express or implied, there may be a legal claim for breach.

Each type of contract has its own unique requirements for claiming breach of contract. Also, there is more to a legal claim of breach of contract than the actual breach of the contract. For example, a breach of contract claim in Florida legally arises when three things occur. First, a contract must exist. Second, a breach of contract must occur. Finally, there must be damages as a result of the breach. Note, the second element, the actual breach by one party, is only one part of the legal claim for breach.

Proving a breach occurred

Each of the three elements mentioned above comes with its own set of sub-elements that must be shown. Under the first element, for example, the contract in question must also be deemed valid by a court. This could depend on the particular set of circumstances around which it was entered. A seemingly valid written contract may be deemed invalid if a court finds there was a lack of consideration—a requirement that has nothing to do with the written document itself.

Under the second element, while it may be clear to you that the contract was breached, it may be unclear to a court as to who breached the contract. For instance, the buyer may accuse a seller of breaching a contract and thus refuse to pay the negotiated price under the contract. In fact, if a court finds that under the circumstances the seller actually did not breach the contract, then the buyer may be the breaching party and owe damages to the seller for his failure to pay.

Under the third element, a court may find that the damages were not the result of the breach itself. For example, suppose a seller fails to deliver goods that the buyer paid for under a contract due to a hurricane. The seller may have the valid excuse that an “Act of God” caused the buyer’s damage.

A business law attorney is best suited to help you understand the contract you’ve entered and whether you or the other party has breached it. Contract law is very complicated.  Contact Boyer Law Firm, P.L. today for an assessment of your contract concerns.