So You're Filing For Divorce?

 

    Divorce is not an easy decision and everyone may react differently to the situation. There may be anger, relief, sadness, or excitement. It becomes even more complicated when there is a child/children involved. Even though this can be a confusing and chaotic time, know that your attorney is here to help guide you through the process and answer any questions or concerns that you may have.

            It is important to know that a divorce is not just the termination of a marriage but deals with several aspects of married life. According to the Legal Dictionary, a basic definition for divorce is, “A court decree that terminates a marriage; also known as marital dissolution. A divorce decree establishes the new relations between the parties, including their duties and obligations relating to property that they own, support responsibilities of either or both of them, and provisions for any children.”

            After filing for divorce there are several elements to consider as your case proceeds. Though there are many parts involved, I have included a brief list. Your attorney will be able to give you more detailed tips and advice regarding your case since each divorce case and each family is unique.

First, you need to look at the big picture regarding long-term and short-term outcomes of the divorce. Doing this allows for both parties to have perspective and be able to work out an agreement that benefits the present and the future.

Second, if there are children involved, put the children first. Using your children to score points during a divorce proceeding will not help the process go smoothly and foster resentment. You need to put yourself in your children’s shoes and remember that they are affected by this too.

Third, do NOT engage in a Facebook, Twitter, or any type of social media war with your spouse. Airing your dirty laundry and drama on your Newsfeed will just complicate matters, create hostility, and prevent compromise as well as a clear path forward.  

Fourth, emotional support is incredibly important! Find a friend or family member who is not involved in the proceeding so that you have a support system and someone to be with throughout the divorce process.

Finally, don’t try to navigate a divorce without an attorney! Often times a do-it-yourself separation agreement may end up being invalid if it fails to meet state requirements due to incomplete or incorrect information. It is always in your best interest to consult an attorney regarding a divorce.

Finances are also an important consideration when it comes to your divorce proceeding.

1.)    Take care of the basics by making a list of assets and debts, reviewing and updating your monthly budget, and making a plan for closing joint bank accounts and paying off credit accounts.

2.)    Gather and update important documents such as financial records, tax returns, an updated credit report, and items like birth certificates and social security cards.

3.)    While you will need to eventually update your medical and disability insurance to remove your spouse as well as revising beneficiaries for your investments, it is important to know that none of this can be done until AFTER your divorce is finalized. Doing so beforehand is illegal. As always, consult with your attorney before making any of these changes so that he/she can advise  you of when it is appropriate for you to proceed.

4.)    Address tax considerations by deciding who should claim minor children as dependents and consulting a tax professional to determine what tax implications might arise as a result of your divorce.

5.)    Finally, adjust your estate plans by reviewing life insurance policies, meeting with an attorney to review provisions for children in case of your death, and revising all estate plan documents immediately following your divorce.

While the Law Office of Marcie Baker does not handle estate planning, should you have any questions about your estate/finances during your divorce we recommend that you contact Financial Advisor Casey Butcher at Edward Jones to assist you with your inquiry. He can help you out with the above tips and more. You can reach him at (813) 788-1083.

***This information is not legal advice and you should always consult with an attorney and/or financial advisor before making any decisions regarding your divorce proceeding.***

 

Sources: https://www.thefamilylawco.co.uk/blog/hartnell-chanot-blog/top-tips-family-law-clients/

https://www.zakarinlegal.com/expert-tips-on-how-to-deal-with-divorce-and-family-law-cases/

https://legal-dictionary.thefreedictionary.com/divorce

 

A Workers' Compensation Crash Course

Have you been injured while working at your job? If so, you may be eligible for a form of insurance known as Workers’ Compensation. Workers’ Compensation, also known as Work Comp, allows for injured workers to receive medical benefits and wage replacement if they are eligible. Not every injury can recover Work Comp, so it is important that you understand the types of injuries and whether or not you can file your work-related injury to obtain Work Comp benefits. As always, it is important to discuss your claim with an attorney since every case and injury is different.

Here are some important tips to be aware of if you have been injured while working:

First, you must seek medical treatment as soon as possible after the accident. Make sure you document everything! Waiting to get treated could worsen your injury and make it harder to associate the pain you have with a work-related injury if other situations occur between the initial injury and first visit to a medical professional. Document the injury, obtain doctor’s reports, and any other documentation you have as a result of the injury.

Second, notify your employer of your injury. It does you no good to put off telling them, in fact, the longer that you wait, the harder it will be to work with your claim. In Florida specifically, waiting too long to file could result in you being unable to make a claim at all. It is always best to act timely and take care of your claim/injury as soon as possible.

Finally, be specific and consistent. Be sure to explain how the injury occurred to your boss, the doctor, and anyone else involved. There is no reason to make excuses or alter your story. Additionally, if you had a prior injury or limitation of any type, be sure to disclose that, because hiding it will likely damage you down the road especially if it is discovered. Honesty is important in ensuring that you are receiving the correct type of care for the injury you have.

If you have been injured at work or have a family member who has, please see our contact information on our home page to request a free consultation and discuss potential claims you may have.

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*This information is not legal advice and you should always consult with an attorney before making any decisions regarding a Workers’ Comp claim. 

Sources: https://www.thehartford.com/workers-compensation/questions-answered

Welcome to the Law Office of Marcie L. Baker

            Hello and welcome to An Attorneys Got Your Back! This blog is meant to offer insight into the legal world, who we are, and the everyday life of an attorney from Zephyrhills, Florida, who serves in multiple practice areas.

            Allow me to introduce myself. My name is Rebecca Doloski and I am the administrator of this blog as well as a Law Clerk for Attorney Marcie L. Baker. I am a resident of Wesley Chapel, Florida, and I am attending law school at Stetson University College of Law in Gulfport, Florida. I begin my second year this fall, and hope to graduate and pursue a career in Criminal Prosecution and Civil Rights. I am a member of Stetson’s award-winning Moot Court team, the Pro Bono Chairwoman for Phi Alpha Delta, and a Research Assistant. I am also long time coffee addict, avid runner, and politics junkie. I am so excited to share our knowledge, tips, and everyday insights into the legal world with you all!

Me!

            Let me tell you about our office and my boss. Marcie Baker attended Stetson University College of Law and graduated cum laude with her Juris Doctor in 1996. She was admitted to the bar in 1997. The Law Office of Marcie L. Baker, Esq., P.A. has helped countless people over the years. As a compassionate lawyer with over 24 years of experience, Marcie Baker firmly believes in advocating and doing what is best for each and every one of her clients. She is a cat-loving, passionate, and knowledgeable attorney who will do everything she can to be in your corner and help you achieve the best possible outcome for your case.

Attorney Marcie Baker

          Our office works in many practice areas which include: Worker’s Compensation, Family Law (Paternity/Time Share), Family Law (Divorce), Bankruptcy Chapter 7, and Mediation. If you are in need of an attorney, we would be happy to begin working with you. Our contact information is located at the bottom right corner of the home page and we are in the office Monday-Friday. Our process is simple, all you have to do is contact us to request a free initial consultation. We will then get an idea of what your needs are to propose the best way forward.

           I am looking forward to starting this journey with you all and sharing an insider's view of the legal world. I cannot wait to see An Attorneys Got Your Back grow and impact the community!