Committing Adultery Means Losing Everything
Florida is a “no-fault” divorce state which means that neither party’s role in causing the marriage to end will be a basis for filing for divorce. This does not mean, however, that adultery is irrelevant during a Florida divorce. If the unfaithful party has used marital resources in connection with their affair, the court can consider this fact when deciding how to divide the couple’s property and debts. Additionally, the court can look at the financial harm which the unfaithful spouse caused the other when determining whether or not to award alimony. Lastly, under certain circumstances, an extramarital relationship may also impact the adulterous parent’s custody and visitation rights.

I Will Lose my House
When a couple divorces, Florida law requires that their marital property be divided according to the principle of “equitable distribution.” This process involves looking at different variables and apportioning the couple’s assets fairly. When the divorcing parties own a home together, they usually will have two choices: (1) Someone gets the house, assumes the mortgage, and pays the other for some of the equity in the property; or (2) The couple sells the house and splits any proceeds or expenses. How the assets are divided will come down to what is reasonable in the context of other factors in the case.

The Mother will Always get Primary Custody of the Children
While a mother’s relationship with the children will be important to a court when deciding parental responsibility and time-sharing, the father’s connection will be as well. Florida law presumes that shared parental responsibility and equal time-sharing are in the best interest of a child absent any evidence to the contrary. The law also provides numerous “best interest” factors for the court to examine while reaching its decisions. When it is shown that a father has a positive and healthy relationship with his child, it is probable that he will allowed to spend equal time with them and have an active role in making important decisions regarding their care and education.

Divorce has to End in Trial
Despite how legal cases are depicted on television and in film dramatic courtroom battles are not common. This is especially true in divorce cases. Parties tend to prefer settling their issues rather than leaving choices about their personal lives up to a court. There are different ways to settle and you do have the option of going to trial. However, regardless of how you choose to proceed, you will need the advice of an experienced family law attorney to protect your interest.

At the Draper Firm, they have experienced divorce attorneys who can evaluate your case, answer your questions, explain the process and what to expect, and advocate for you. Contact them to schedule a free consultation.  Just call 407.846.0075 or visit DraperLawOffice.com.

The post Draper Law Office: Common Myths About Florida Divorces appeared first on Positively Osceola.

How bicyclists can stay safe on the roads

Bikers should make sure their vehicles meet Florida safety guidelines. Specifically, bicyclists should use a headlight while the sun is set, which lets other vehicles see them at night. Additionally, all bikes should have reflective lights and working breaks.

Although Florida doesn’t require cyclists over 16 years old to wear helmets, wearing one can minimize injury and can even save your life if you’re hit by a car.

When on the road, bicyclists should obey all traffic signs and signals, including stop signs and traffic lights. Bikers can use hand signals to let other vehicles around them know their intention to turn or go straight at an intersection. Be aware that cars may not signal at intersections, so be prepared to stop or swerve if a car starts to turn in front of you.

Bikers should ride single file, as close to the right-hand side of the lane as possible if there isn’t a bike lane. If there is a bike lane, look ahead to make sure there aren’t vehicles blocking the lane.

Bicyclists should take particular care when cars are parked along the street to the right. People getting in and out of cars may open their doors suddenly, without looking around them.

How drivers can make the roads safer for cyclists

Florida law requires cars and bikes to share the road. It may not be pleasant to be stuck behind a cyclist, but drivers need to remember that the road isn’t just for them.

If you’re driving a car, don’t put yourself aggressively close to a cyclist. Instead, wait until the lane to your left is clear and give yourself plenty of room to pass the bicycle.

Drivers should also practice situational awareness when they’re behind the wheel. If you’re backing out of a driveway or parking space, keep an eye out for other vehicles, motorcycles, bicycles, and pedestrians.

Don’t take blind corners too sharply – leave space, especially on the right, in case there’s a slower moving vehicle on the other side of the turn. Similarly, when making a right turn at a light, double check there aren’t any bicycles in your blind spot.

Additionally, drivers should make it obvious any time they are changing lanes or turning. Using turn signals will signify your intentions, allowing other vehicles, including bikes, on the road to give you room.

Finally, don’t drive or park in a bike lane. Keep these areas clear for bicyclists.

Work with an experienced bicycle accident attorney

Bicycle accidents can be particularly dangerous, given the size disparity between a bicycle and a car. If you’ve been hurt in a bicycle accident, working with an experienced Kissimmee bicycle accident attorney can help you get the help you deserve. Contact Draper Law Office or call 406.846.0075 for a free consultation about your options today.

SOURCE: Draper Law

The post Draper Law: Tips for Safe Bicycle Riding in Central Florida appeared first on Positively Osceola.

Road rage can include aggressive driving tactics such as honking, cutting other cars off, driving other vehicles off of the road, speeding, baiting other cars into accidents, and other actions intended to cause harm, confusion, and intimidation. These actions pose a real threat to other drivers on the road, and should not be taken lightly. If you or a loved one have suffered serious injuries as a result of a rageful driver’s aggressive tactics, you do not have to shoulder the burden alone. You can hold this driver responsible for their reckless and malicious conduct by bringing a personal injury lawsuit against them.

Suing for Aggressive Driving

In some cases, road rage may be its own crime, such as where it amounts to reckless driving or involves illegal actions, like cutting people off or merging without using proper signals. However, if someone else’s aggressive driving causes them to be involved in a crash, it constitutes negligent driving. You can bring a personal injury lawsuit to recover for your damages regardless of whether the other driver also faces criminal charges. In order to have standing to bring a personal injury lawsuit, you must demonstrate that the other driver was negligent and that their negligence caused you physical and financial harm. In other words, you cannot sue someone merely for being a rageful driver, even if their conduct was intimidating and alarming. But if that aggressive behavior causes you harm, then you can sue.

In order to be found negligent, a driver must have breached their implied duty of reasonable care to all other drivers on the road. A driver breaches their duty of reasonable care when they violate traffic laws or regulations, or behave in a way that would put other drivers at risk, such as by driving while drowsy, distracted, or in a way intended to intimidate, harass, or distract other drivers on the road. Aggressive driving is often compelling evidence of negligence. You must also be able to provide evidence showing that your physical injuries also caused financial loss. Because personal injury lawsuits are intended to restore a person to the financial position they would have been in had the accident not occurred, there must be a financial injury that can be fixed, otherwise the lawsuit will not serve a purpose. A personal injury lawsuit allows you to pursue compensation for all expenses incurred as a result of the injury as well as compensation for pain and suffering.

Contact Draper Law Office in Kissimmee

If you have been injured by an aggressive driver, you do not have to fight this battle alone. Our experienced Kissimmee car accident lawyers will make sure that you get the maximum amount of compensation that you are entitled to. Contact Draper Law Office today or call 407.846.0075 to schedule your consultation.

The post Draper Law Office: Have You Been a Victim of Road Rage? appeared first on Positively Osceola.

If you’re involved in a slip and fall or trip and fall accident, it can change your life – how you live, how you go to school, or even how you work and earn a living. So where do you turn for advice? Where do you go to find answers….

Call Draper Law Office.

Charlie Draper and Draper Law Office have been serving the community since 1984, and they can help you. Slip and fall, or trip and fall cases are often related to someone else’s negligence and can be proven with the help of an experienced personal injury lawyer.

If you’re looking for an attorney that you can trust and that will help you protect your rights and win your case, call Draper Law Offices at 407-846-0075, or visit DraperLawOffice.com.

Remember, in times of need, you can count on Draper Law.

The post Slip and Fall, and Trip and Fall Accidents Can Change Your Life Forever, Call Draper Law Office appeared first on Positively Osceola.

Time-Sharing
In Florida, how parents spend time with their children or “time-sharing” will be reflected in a parenting plan which has been approved by the court as being in the child’s best interest. While the law supports time-sharing which allows children ongoing contact with each of their parents, when a child has special needs, the time-sharing arrangement may need to be structured according to their requirements. For instance, if the child’s condition causes them to have issues if there are too many changes to their environment, it may be better to allow one parent’s home to be where they spend most of their time rather than frequently going between two residences.

Child Support
In Florida, one parent may be ordered to pay child support for the care of their child. This support ordinarily ends when a child turns 18 or is 19 and is completing high school. However, when a child has a substantial physical or mental disability which prevents them from being self-sustaining, child support may be extended into their adulthood. The support term will depend on their condition and, in extreme circumstances, maybe for life. Moreover, in addition to providing for routine expenses, the support amount will need to be inclusive of any added costs related to the child’s special needs such as those associated with medical and specialized care.

Decision-Making
Florida law supports parenting plans which include terms for parents making decisions together concerning their child. Ideally, parents will be on the same page when it comes to their child’s medical and psychological care and educational needs. However, if the child has extensive special needs and the parents do not agree on critical issues, the consequences can be serious for the child. In this scenario, it will be vital that parents either find a way to work together, create a way for a third party to make the final decision when parents disagree, or that one parent has primary decision-making authority.

Going through a divorce while looking out for your child’s special needs can be overwhelming. At Draper Law Office, they have the knowledge and experience you need to help you understand your options and make informed choices for your family.

If you need advice concerning your parenting agreement and how to plan for your child’s unique requirements, contact Draper Law Office to schedule a free consultation. at 407.846.0075.

The post Draper Law Office: Children with Special Needs and Divorce appeared first on Positively Osceola.

Why Sober Driving is Critical

1. Increased Traffic and Risks: During the holidays, there are more vehicles on the road, and the potential for accidents escalates. Drunk or drugged driving significantly contributes to this risk, as evidenced by the surge in DUIs and fatal crashes in Florida during this season [[4†wesh.com]].
2. The Deadliest Driving Season: Statistics show that the Thanksgiving holiday, in particular, is the deadliest in terms of fatal car accidents in Florida, highlighting the risks associated with holiday travel [[5†armandoinjurylaw.com]].
3. Preventable Tragedies: Impaired driving accidents are 100% preventable. The Florida Highway Patrol emphasizes this, yet the number of such incidents remains high, often leading to devastating consequences [[4†wesh.com]].

Need for Legal Assistance

For those who have unfortunately been involved in accidents during this holiday season through no fault of their own, it’s vital to seek experienced legal representation. Protecting your rights and ensuring just compensation is critical, and for residents in and around Osceola County, Charlie Draper of Draper Law Office is a name synonymous with trust and expertise.

With a legacy of serving the community since 1984, Draper Law Office stands as the most experienced and trusted Personal Injury Law Firm in Osceola County. Their commitment to justice and deep understanding of the local legal landscape makes them an invaluable ally in navigating the aftermath of an accident.

If you or someone you know has been affected by a holiday season accident, do not hesitate to reach out to Charlie Draper Law Office. Contact 407.846.0075 or visit DraperLawOffice.com for a consultation. Remember, during these festive times, your safety and rights are paramount.

The post Draper Law Highlights the Importance of Sober and Undistracted Driving During the Holidays in and Around Osceola County appeared first on Positively Osceola.

With the streets more crowded than usual, and both drivers and pedestrians often distracted, the importance of pedestrian safety cannot be overstated. Despite our best efforts, accidents can unfortunately happen.

In such unfortunate situations, it’s crucial to have a reliable advocate like Charlie Draper from Draper Law Office who stands ready to ensure that justice is served, and the rights of the injured are protected.

In times of need, call Draper Law at 407.846.0075 or visit DraperLawOffice.com, with offices in Kissimmee and St. Cloud.

The post Prioritizing Pedestrian Safety in Osceola County During the Holiday Season appeared first on Positively Osceola.

The post Staying Safe on Foot: Pedestrian Safety Tips for Osceola County appeared first on Positively Osceola.

In Florida, the most common pool injuries include slip-and-fall accidents and tragically, drowning. Slipping and falling on a slippery concrete surface can cause extensive physical trauma which can vary depending on how the individual falls. Someone who hits their head when falling may suffer a traumatic brain injury, such as a concussion. This can lead to more serious injuries or even drowning if the unconscious person falls into the pool, particularly if it is unsupervised.

Draper Law Office is encouraging the community to remember that it only takes a brief moment for a swimming or pool-related accident to happen. Never allow children near or around a pool unsupervised, and remember, swimming and drinking alcoholic beverages is never recommended.

Diving board injuries are also common, and can range from sprained ankles to much more severe. This can be caused by pairing an incorrectly sized diving board with a pool that is not deep enough, failing to accurately label the depth of the pool or missing safety marks to distinguish the shallow end from the deep end, failing to warn of the dangers associated with diving, or neglecting to properly maintain the diving board and pool equipment, as well as other possible causes.

If you have been injured as a result of a pool injury that was caused, in whole or in part, by another’s negligence, you are likely to have the right to recover damages. Negligence occurs when an individual or business breaches their duty of care to you and, as a result, injury and damages occur.

A successful lawsuit for a pool-related injury will allow you to recover costs associated with the injury, as well as for lost wages, reduced earning potential, and for the pain and suffering associated with the injury.

If you have been injured in a preventable pool-related injury that was not your fault, the experienced Kissimmee personal injury attorneys at Draper law Office are ready to advocate on your behalf and ensure that you get the compensation that you deserve. Call 407.846.0075 today to schedule a consultation, or visit DraperLawOffice.com.

The post Swimming season is here, use caution, stay cool, prevent injuries and save lives appeared first on Positively Osceola.

Start with the Accusations

When the other parent attacks your ability to care for your children, it can be impossible not to become defensive. However, an excellent place to begin is by considering their specific complaints. In some cases, it may be obvious that your ex is making baseless accusations, but in others, there may be a grain of truth. Consider whether anything they are saying has merit and determine if you can remedy the problem. For example, if the complaint is that you do not feed the kids healthy food or keep them on a routine during your time together, ask yourself if that is true. If there are improvements you can make, begin making better choices. When the other parent is alleging more serious problems such as you drinking too much around the kids or exposing them to questionable people, you may need to take the allegations seriously and take immediate steps to ensure your children are safe.

Consider Coaching

If you feel like there are ways you could improve as a parent you may want to look into hiring a parenting coach. These individuals specialize in helping parents learn more about how to effectively parent their children and improve their relationship. Another option could be consulting with a family therapist who can help you and your kids relate to one another and strengthen your bond. By being proactive and showing that you want to improve may help you become closer with your kids and refute the other parent’s claims.

Sometimes the other parent will be critical of you even when you are doing all that you can to positively parent your children. In this instance, you may need the help of an experienced child custody attorney who can help you assess your situation and determine what actions you may need to take.

The Draper Law Office has attorneys who are experienced with helping clients with child custody and parenting time issues and can help. Call 407.846.0075 today or go to DraperLawOffice.com to set up your free, no-obligation consultation in one of their three locations: St. Cloud, Kissimmee, and Orlando.

The post Draper Law: Showing Positive Parenting appeared first on Positively Osceola.