About Andra DelMonico, J.D.

Andra DelMonico, J.D. Articles written 234

Graduating from Stetson University College of Law with a J.D., Andra brings a straightforward approach to legal writing. With over a decade of freelance writing experience, she has a wealth of experience in writing about a broad range of legal topics. She has ghostwritten for individual attorneys, law firms, and businesses. When not writing, Andra spends her time boating and motorcycle riding with her family in sunny Florida.

Articles written by Andra DelMonico, J.D.

Types of Spousal Support

Deciding to separate from your married partner is no easy decision. While people tend to focus on the emotional aspects of divorce, there are many tasks that also come with it. Both individuals rarely earn the same exact income, leading to one person contributing more financially than the other. When divorcing, this difference in income can result in the need for spousal support. Family courts aim to ease the transition by awarding financial support to the former spouse. A divorce lawyer can …

Pardons: What They Are and How They Work

Pardons have the power to change lives, wiping away criminal convictions and restoring lost rights. Throughout history, pardons have been used to right legal wrongs, but they’ve also been criticized as unjust political favors. From Gerald Ford’s pardon of Richard Nixon to the debate over the January 6 defendants, pardons have fueled controversy. However, the process is complex, requiring careful navigation of legal procedures and government reviews. Understanding the process and seeking …

What Should I Do if Stopped by an Immigration Officer?

If you are stopped by an immigration officer, invoke your right to remain silent and contact a lawyer. You have a Fourth Amendment constitutional right to refuse a search without a search warrant. CBP officers can search you at the border. Law enforcement needs reasonable suspicion for a temporary hold, but they need probable cause to take you into custody. ICE agents can serve an administrative warrant to arrest someone on inadmissibility grounds. You have a 5th Amendment right to consular …

How Do Presidential Executive Orders Work?

Presidential Executive Orders under Article II authority are orders that make direct instructions to federal agencies for new policy implementation. Executive orders are published in the Federal Register. Presidential mandates have legal force over national security, federal law enforcement, and federal agency oversight. The separation of powers sets constitutional limits for executive power, giving the legislative branch control over the federal budget. Executive regulatory actions are subject …

How To Legally Evict a Roommate Who Isn’t Paying Rent

Nothing is more frustrating and stressful than a roommate who is not paying their share of the monthly rent. The landlord expects the entire rent to be paid and will look to all renters to satisfy the outstanding balance. As the tenant who is paying rent, you will want to take action to hold the non-paying roommate accountable. Understanding the distinctions in tenancy types, following specific eviction laws, and preparing proper documentation are essential steps. This guide walks you through …

How Can I Terminate a Lease Early?

Landlord-tenant law requires landlords to follow the eviction process and not engage in self-help, including changing the locks. Knowing when a landlord can legally terminate a lease early can prevent confusion and protect everyone involved. However, each state has its own eviction rules. By following eviction laws, landlords can safeguard their property rights while respecting tenant protections. For legal advice on your situation, contact an experienced landlord-tenant law attorney. Legal …

Are There Alternatives to Divorce?

Deciding to get divorced is a significant decision that requires couples to consider many factors. Sometimes, a couple may want to separate but not divorce. Several alternatives to divorce exist to meet these preferences. From legal separation to annulment and other non-divorce options, a couple may find that a divorce alternative fits their situation best. Consider these legal tools when contemplating divorce and reach out to a divorce lawyer for specialized legal advice. Legal Separation A …

Can Landlords Refuse to Rent to Tenants?

Landlords have the right to refuse to rent to tenants, but their reasons for doing so must be legally valid. Acceptable grounds for refusal can include poor credit history, a record of nonpayment of rent, or violations of occupancy limits. However, landlords cannot discriminate based on protected characteristics such as race, gender, or familial status, as the Fair Housing Act outlines. Understanding these distinctions is essential for both tenants and landlords to navigate the rental process …

Do I Need a Lawyer To Prepare a Lease Agreement?

When you sign a rental lease agreement, you are signing a contract. For many, the formality and seriousness of the agreement aren't apparent because they are filling out and signing lease forms. They look standardized and feel like a cursory part of renting real estate. However, leases are legally enforceable agreements that can have lasting impacts on your tenancy. Having a lawyer involved when signing a lease can help both parties protect their rights and interests. Benefits of Having an …

What Are My Privacy Rights as a Tenant?

Knowing your privacy rights as a tenant empowers you to protect your personal space and live without unnecessary intrusion. Knowing these rights helps establish clear boundaries and prevents legal misunderstandings, whether you're a renter or a landlord. As a tenant, understanding these rights can protect you from unwarranted intrusions, safeguard your personal information, and ensure you enjoy a secure living space. For landlords, being informed of tenant privacy laws helps prevent legal …

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