Accidents: Steps to Take After Being Injured

Posted by Maria Teresa Sallato on

Accidents can happen anytime and leave you dealing with painful injuries, medical bills, and insurance companies. Knowing the steps to take after an accident is critical to ensuring you protect your health and legal rights.

  1. Seek Medical Attention: Your health is the top priority. Even if you feel fine, some injuries may not show symptoms immediately.
  2. Document the Scene: Take photos of the accident scene, your injuries, and any property damage. Gather contact information from witnesses if possible.
  3. Report the Accident: For car accidents, notify law enforcement. For workplace injuries, inform your employer. For slip and fall cases, notify the property owner or manager.

4. Don’t Speak to Insurance Companies Without Legal Help: Insurance adjusters may try to offer a quick settlement. Always consult an attorney before accepting any offers.

5.Contact a Personal Injury Attorney: At Sallato & Associates, P.A., we help accident victims get the compensation they deserve. We handle the legal side so you can focus on recovery.

By following these steps, you can help protect your rights and secure the financial compensation you need to recover after an accident.

Adoptions: Growing Your Family Through Legal Means

Posted by Maria Teresa Sallato on

Adoption is a beautiful way to grow your family, but it can also be a complex legal process. Whether you’re adopting domestically, internationally, or through the foster care system, understanding the legal requirements and procedures is key to a successful adoption.

Types of Adoption in :

  • Private Adoption: When birth parents voluntarily place their child with adoptive parents.
  • Agency Adoption: Facilitated through licensed agencies, often involving children in foster care.
  • Step-parent Adoption: When a spouse adopts their partner’s biological child.
  • International Adoption: Involves the adoption of a child from another country, requiring compliance with both U.S. and international laws.

Florida requires prospective adoptive parents to undergo a home study, a process where a licensed professional evaluates your living situation, background, and readiness to adopt. Once the adoption is finalized, the child legally becomes part of your family, with the same rights as a biological child.

At Sallato & Associates, P.A., we provide guidance through every step of the adoption process, ensuring that all legal requirements are met and helping families navigate the emotional journey of adoption.

Divorce: What You Need to Know Before Filing

Posted by Maria Teresa Sallato on

Divorce can be an emotional and overwhelming process, and it’s essential to be prepared before you file. Understanding your legal rights, the process, and how it may impact your finances and family is crucial.

In Florida, divorce is referred to as the dissolution of marriage. It can be filed on the grounds of an irretrievably broken marriage or mental incapacity. Before filing, it’s important to consider several factors, including:

  • Asset Division: Florida follows equitable distribution, meaning assets and debts will be divided fairly, though not necessarily equally.
  • Child Custody and Support: Custody decisions will be made in the child’s best interest. Florida courts typically encourage joint custody unless one parent is deemed unfit.
  • Alimony: Spousal support may be awarded depending on the length of the marriage, each party’s financial situation, and their ability to maintain the standard of living established during the marriage.

Hiring an experienced divorce attorney can help you navigate this challenging time while protecting your rights and future. At Sallato & Associates, P.A., we’re here to guide you through every step of the process, from negotiations to final judgments.

Family Law: Protecting What Matters Most

Posted by Maria Teresa Sallato on

Family law encompasses a wide range of legal issues that affect families, from divorce and child custody to adoption and domestic violence. At Sallato & Associates, P.A., we specialize in family law matters, offering compassionate and experienced representation to help you protect what matters most—your family.

Common Family Law Issues Include:

  • Divorce and Separation: Whether you’re facing a contested or uncontested divorce, we help protect your rights and interests, particularly when it comes to asset division, spousal support, and child custody.
  • Child Custody and Support: Custody disputes are often the most emotionally charged aspect of family law. We work to create parenting plans that prioritize the best interests of the child while ensuring fair support arrangements.
  • Domestic Violence: If you or your children are victims of domestic violence, we can help you obtain restraining orders and take legal action to ensure your safety.
  • Adoption and Guardianship: Our firm guides clients through the legal process of adoption or securing guardianship for minors, ensuring that all requirements are met.

Family law matters can be emotionally draining, but with the right legal team on your side, you don’t have to face them alone. At Sallato & Associates, P.A., we are dedicated to providing personalized legal solutions that help families move forward with confidence.

Pre and Post-Nuptial Agreements: Why Every Couple Should Consider One

Posted by Maria Teresa Sallato on

Whether you’re planning to get married or are already married, pre-nuptial and post-nuptial agreements can offer financial protection and peace of mind. These legal agreements are especially important for individuals with substantial assets, business interests, or children from previous relationships.

Pre-Nuptial Agreements are created before the wedding and can define:

  • Ownership of property and assets
  • Financial responsibilities during the marriage
  • Division of assets and debts in case of divorce
  • Protection from the other spouse’s debts

Post-Nuptial Agreements are signed after the wedding and serve similar purposes but can also address financial changes that occur during the marriage, such as a career shift, inheritance, or the acquisition of new property.

These agreements aren’t just for the wealthy. They are practical tools that ensure both parties are on the same page financially and provide clarity in the event of a divorce. At Sallato & Associates, P.A., we can help you draft a fair and enforceable agreement that meets your unique needs.

Embracing a Fresh Start: Navigating the New Year After Divorce

Posted by Maria Teresa Sallato on

The arrival of a new year often symbolizes new beginnings, a chance to reflect on the past and embrace the possibilities of the future. If you’re navigating life after a divorce, the transition into the new year can be both challenging and empowering. In this article, we’ll explore some valuable insights on how to start the new year after a divorce and embark on a journey of self-discovery and personal growth.

Reflect on the Past:

Before stepping into the new year, take some time to reflect on the past. Acknowledge the emotions, experiences, and lessons learned from your divorce. It's essential to give yourself the space to process your feelings and gain a deeper understanding of the person you have become through this transformative experience.

Set Realistic Goals:

The new year is an excellent time to set goals for yourself, both personally and professionally. However, it's crucial to be realistic and gentle with yourself. Start with small, achievable goals that contribute to your overall well-being. Whether it's focusing on self-care, exploring new hobbies, or advancing in your career, set objectives that align with your current life stage.

Reconnect with Your Identity:

Divorce often leads to a reevaluation of one's identity. Take this opportunity to rediscover who you are outside of the context of your past relationship. Engage in activities that bring you joy and tap into your interests. Reconnecting with your identity can be a powerful step toward building a more fulfilling and authentic life.

Build a Support System:

Surround yourself with a supportive network of friends and family who can provide encouragement and understanding during this transitional period. Share your thoughts and feelings with trusted individuals who can offer valuable insights and perspective. Building a strong support system is crucial for emotional well-being and navigating the challenges of post-divorce life.

Seek Professional Guidance:

Consider seeking professional guidance from therapists, counselors, or support groups specializing in divorce recovery. These professionals can provide valuable tools for coping with the emotional aftermath of divorce and assist you in developing strategies for moving forward.

Embrace Self-Care:

Prioritize self-care as you embark on this new chapter of your life. Pay attention to your physical, emotional, and mental well-being. Whether it's practicing mindfulness, engaging in regular exercise, or dedicating time to hobbies you love, taking care of yourself is paramount to building resilience and adapting to the changes that come with divorce.

Focus on Co-Parenting (If Applicable):

If you share children with your ex-spouse, co-parenting can be a significant aspect of post-divorce life. Establish open communication, set clear boundaries, and prioritize the well-being of your children. Collaborative co-parenting can create a stable environment for your children and contribute to your personal growth as a parent.

Starting the new year after a divorce is an opportunity for self-discovery, growth, and resilience. By reflecting on the past, setting realistic goals, reconnecting with your identity, building a support system, seeking professional guidance, embracing self-care, and focusing on healthy co-parenting (if applicable), you can navigate this journey with strength and optimism. Remember, each step you take brings you closer to a brighter, more fulfilling future.

THE COLLABORATIVE DIVORCE PROCESS

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THE COLLABORATIVE DIVORCE PROCESS

The Collaborative Divorce process is a way to address the issues arising out of a divorce proceeding without the traditional litigation model.  The Collaborative Process uses a team approach to help the parties reach a settlement agreement without the need to go to court.  The team consists of each party’s attorneys, a neutral financial advisor, and a mental health provider if needed.

In the traditional divorce litigation, much time is spent in financial discovery trying to determine the parties’ finances.  Working with a neutral financial advisor, as a team, helps the parties reach a prompt settlement agreement.

Likewise, when there are significant custody disputes, working with a neutral mental health provider as a team helps the parties reach a settlement agreement that is in their children’s best interest.

 

The Collaborative divorce process is voluntary and both parties must enter into a participation agreement agreeing to participate in settlement discussions with the help of the neutral third parties.

In the event that the parties are unable to reach a settlement agreement, the collaborative divorce counsel will withdraw from the case allowing the parties to retain counsel to proceed with the litigation.

In summary, the Collaborative Divorce Process will reduce the hard feelings between the parties, which will help reduce the process time and will help reduce the attorney’s fees and costs.

For further information contact our office for a free initial consultation.

Step Parent Adoption

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Often the parent of a minor child remarries and is considering whether the step parent can legally adopt the child.

In Florida a step parent adoption is available provided the Child’s biological parent executes a proper Consent to the child’s adoption and a clear waiver of the parental rights over the child. For the Consent to be valid it must meet the statutory requirements, must be willingly signed, and must not be revoked within the statutory period. Once these requirements are met the consent is valid and the Step Parent adoption can proceed.

Since the biological parent has consented to the adoption and has waived his parental rights over the child there is no need for a hearing on the termination of parental rights and only the hearing on the adoption is required. Moreover, step parent adoption does not require a home study, significantly reducing the length of the process.

The step parent will need to appear in court to present evidence of the relationship with the child, the ability to continue to support the child and the understanding that the adoption process is irrevocable.

It is important to remember that if the child is older than (12) years of age the child must consent to the adoption.

Our office has represented numerous step parent adoptions in Florida and will be able to answer any questions you may have about the adoption process.

Maria T. Sallato

Board Certified Attorney in Family Law

Adoption

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From all the different legal processes that a Family Law Attorney handles there is nothing more rewarding than adoptions, especially step parent adoptions.  Generally, it is a happy, especial day of unifying a family. However, adoption attorneys must be knowledgeable when it comes to the adoption of a child from a foreign country.

According to the USCIS policy for Determining Habitual Residence in the U.S. for Children from Hague Convention Countries the country where the child is considered to be habitually resident will determine what adoption process the adoptive parent must go through.  If a child lives in the U.S. but is considered to be habitually resident of their country of citizenship, adoptive parents must generally go through the Hague process in order to adopt and obtain U.S. immigration status for their child. If the child is considered to be habitually resident in the U.S., the adoptive parents do not need to go through the Hague process and may file a Form I-130 for the child.

In order to establish that the child is a habitual resident of the U.S. three criteria must be met:  (1) At the time the child entered the United States, the purpose of the entry were for reasons other than adoption; (2) Prior to the U.S. adoption, the child actually resided in the United Sates for a substantial period of time, establishing compelling ties in the United Sates; and (3) The Central Authority of the country of citizenship was notified of the adoption proceedings and the Central Authority did not object to the proceeding.

4 Year long Divorce Trial

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Just closed a 4 year long divorce including two trials and two appeals. After a three day trial, the trial court awarded my client, the Wife, an unequal distribution of the marital estate in the form of the Husband’s share of the marital home. The trial court also made a finding that her use of the Husbands 401 K funds was not a dissipation of assets. On appeal the appeals court affirmed. Not happy with the result, the Husband filed essentially the same claim for dissipation of assets in civil court alleging breach of fiduciary duty. After a hearing, the Civil Court dismissed his claim under principles of res judicata. Again the Husband appealed the dismissal. Today we received the Mandate affirming the civil court.