Category: Divorce

If you’re going through a separation or divorce in Tampa, FL, it’s always in your best interest to create a parenting plan that works for your family rather than leave things up to the court. A timesharing parenting plans attorney can make this process smoother by explaining your rights and responsibilities under Florida law and helping you craft a plan the courts will find acceptable.

Florida law spells out exactly what must go into every approved parenting plan, and it’s extensive. Your plan has to describe in detail how you and the other parent are going to split all the everyday tasks of your children’s lives. There must be a specific timesharing schedule that lays out exactly when the child will be with each parent not only on regular weekdays but also on the weekends, holidays, at school breaks, and through the summer.

Your plan must also name who is going to handle the healthcare decisions and school registration, how extracurricular activities will be dealt with, how the parents will communicate, and also list safe and agreed-upon places for exchanges. If you and the other parent can’t agree on all these details, then the court will create a plan for you, and the main concern of the court will not be what best works for you but what’s in the best interests of your child.

Divorce is a challenging experience for all parties involved, but you may hear people refer to a successful divorce from time to time. In these situations, you may be wondering what they mean. They are typically not implying that divorce itself was pleasant, but that the process and its aftermath promoted the well-being of all family members.

It is important to recognize that a successful divorce does not necessarily mean one that is conflict-free. Most divorces involve at least some disagreements, disputes, or emotional turmoil. Conflict is a natural part of the divorce process, but a talented Tampa family law attorney can help you manage and resolve conflicts constructively.

Successful divorces often involve open communication between the divorcing parties. When couples are able to communicate effectively, it becomes easier to work together to find mutually beneficial solutions.

Mediation and collaborative divorce are approaches that encourage communication and cooperation. When a couple chooses to work with a mediator, a neutral third party will guide the divorcing couple toward finding common ground. This can be a productive way for two individuals who are not getting along to work together and explore compromise, so a successful divorce can be achieved.

Running a business in Florida can be a rewarding pursuit, but it also has its fair share of challenges and legal complexities. Whether you’re a startup owner or a seasoned entrepreneur, having a reliable Tampa business & corporate law attorney by your side can be a game-changer as you move through the ownership process. While there are oodles of compelling reasons to consult with a Florida business lawyer, below are five of the most common.

Reason #1 – Legal Structure and Formation

Choosing the right legal structure for your business is an important decision as your choice impacts liability, taxes, and even how you manage your company. Before guessing on a structure, meet with a  skilled business lawyer who can help you select whether your business is a sole proprietorship, partnership, limited liability company (LLC), or corporation. An attorney can inform you of the legal implications of each option. Then, you can make an informed decision that aligns with your business goals and minimizes potential legal risks.

When facing a life-changing event, like a divorce, seeking the guidance of a legal professional is crucial. If you do not already have a family lawyer you trust, an initial consultation with an attorney gives you an opportunity to understand their experience and what course of action could be best for your specific situation.

To make the most of an initial consultation, come prepared with questions. After reviewing some of the sample questions below, tailor them to what you want to learn at your meeting with a Tampa family law attorney.

A divorce consultation is your chance to get to know the attorney, discuss your concerns, and gather information about the divorce process. Being prepared with questions helps you make an informed decision about whether the attorney is the right fit for you and your case.

Sample questions to ask a Florida divorce attorney:

Once you begin the process of talking through your questions, a Tampa family law attorney.  can also share with you proactive steps you can take to safeguard your interests and assets.

Financial review is part of the divorce process, and while there are many reasons why monetary issues can be difficult when ending a marriage, marital debt can make the process even more complicated. In Tampa, FL, marital debt is subject to division during divorce proceedings, and there are many different forms of marital debt to assess.

If you’re considering divorce in Florida, don’t hesitate to seek assistance from a skilled Tampa family law attorney. An experienced divorce lawyer can inform you of what is possible for you after analyzing your specifics, and they will help you navigate the legal system, ensuring your rights are protected throughout the process.

Any debt that was incurred during the course of a Florida marriage is legally considered marital debt. This is the case regardless of whose name is on the account or who made the purchases. Some common forms of marital debt:

Identifying and categorizing marital debt is a process, and if your financial situation involves many combined parts, leaning on experts to guide you will help. A divorce lawyer who is familiar with how to assess debt will work to be sure that any and all accounts have been reviewed so that a fair settlement can be negotiated. Plus, your legal counsel can share with you your rights and obligations as asset and debt division options are discussed.

When an organization is run primarily through cash payments, it is referred to as a cash-based business. While these businesses should keep detailed financial records so they can effectively settle tax responsibilities with the Internal Revenue Service (IRS) and other commitments that require documentation, the reality is many cash-based businesses do not have the clear trail of monetary amounts that other businesses have.

If you, your spouse, or both of you are involved with cash-based businesses, it could make the process of determining asset allocation, child support, alimony, and property division more complicated. That said, there could be a way to access the necessary records and support the asset and liability agreement you are seeking. Reach out to a skilled Tampa family law attorney and share your story to learn about what options are available given your unique situation.

You have likely had discussions about the current economy with friends and family lately. Inflation is impacting grocery bills and monthly budgets while shifts in investment balances have individuals close to retirement wondering if they should handle their portfolio differently. Because asset division and maintenance payment are part of the divorce process, economic issues are on the mind of many couples ending their marriages, too.

There are many worries and concerns when you are separating and divorcing in Florida. Connecting with a Tampa divorce attorney as soon as possible can help to ease your mind. Once you share the financial situation of you and your spouse, a lawyer can share possible divorce agreement options with you. Then, they will fight for your goals and negotiate with your spouse’s attorney on your behalf.

Investments Will Be Assessed at Fair Value

When assessing the value of assets to distribute, the fair value of investment balances will be used. This means how much investments are currently worth. Sometimes this is difficult for one or both spouses to accept as their investment could have been worth far more in past years or they expect the investment to gain value in upcoming years.

Deciding to separate or divorce can be an incredibly emotional process. It is common to feel overwhelmed with day-to-day details, but making lists and reaching out to professionals, such as an experienced Tampa family law attorney, can make the process smoother in the long run.

Depending on your financial situation, you may need to have a support payment arrangement set up, even if you are not officially moving toward a divorce. With so much turmoil, having financial arrangements put in writing is advised.

When it comes to financial documentation, it is in your best interests to get organized as soon as possible. It is easier to make clear, calm decisions when you have all the facts in front of you. Tempers can flare and disagreements escalate when information is murky and vague.

Besides, some find it relaxing to get financial documents organized as it is a tangible step you can take that can fortify your future. Any big life change, such as a divorce, comes with many unknowns, but a to-do list of financial items to collect is a clear guideline to follow.

Ending a marriage is extremely stressful. While emotions can be a large part of the upset, there are also times when a pending divorce brings financial stress as well. If one spouse has been earning a lot more than the other, the spouse who does not have access to financial resources may worry about how they will be able to afford daily expenses on their own. Spousal maintenance payments could be an option, for either the husband or the wife. Many more women are breadwinners, and maintenance payments are possible regardless of gender.

If you are a husband who relies on his wife’s income, you are not alone. One report finds women earn more than their husbands in 4 out of 10 two-income families. It is not always easy to untangle the finances of a Florida union, particularly if the couple owns and operates a business or is high-net worth. To have your questions answered, connect with a Tampa family law attorney.

Often, when both spouses realize that their marriage is doomed to end, it is only a matter of time before one of them files for divorce. But should you be the first one to file divorce papers?

Does it even matter who initiates the process in Florida? And what are the possible pros and cons of filing for divorce first?

If you are considering filing a petition for divorce, it is highly advised to consult with a Tampa divorce attorney to understand your rights as the Petitioner.

Let’s review the benefits of being the first to file for divorce.

While there are several advantages of filing for divorce first, you should also review the possible drawbacks of being the Petitioner, not the Respondent.

If you are unsure about being the first to file for divorce, consult with an attorney. At HD Law Partners, our divorce lawyers will explain your rights and options in your specific situation and help you navigate the divorce process whether you are the Petitioner or Respondent. Call 813-253-5333 for a case evaluation.

Circumstances can change unexpectedly in anyone’s life. Florida courts recognize that changes are a normal part of life, which is why they allow ex-spouses to request a modification of alimony when there is a substantial change in circumstances.

If you are considering modifying alimony, you should speak with a Tampa family lawyer to help you understand your rights and options, whether you are the payor or supported spouse.

Alimony types and restrictions for modification

Florida law allows parties to modify certain – but not all – types of alimony following a divorce. Pursuant to Section 61.08, Florida Statutes, Florida law recognizes the following types of spousal support:

Each of them has unique rules and restrictions for modification. Whether or not you can modify your alimony award depends on the type of spousal support and the circumstances that made you want to request a change.

Whether divorces are amicable or contentious, divorce settlements that are drafted and finalized too quickly could be missing some crucial issues, especially if a couple shares children. This is especially important if one parent is  the primary residential parent and, as a result, may incur extra costs and could end up being on the hook for thousands of dollars.  As a result, if any of the following applies in your circumstances, ensure that you and your attorney discuss and address these issues in your settlement:

College Costs

Addressing who is going to pay for college is essential if you share a child who is college bound, as Florida does not require parents to split tuition, room, and board, and, as a result, parents cannot be forced to pay for college costs unless it is addressed in the settlement or another contract. As a result, if you are the primary residential parent (or even if you are not), it may be important to you to at least obtain language covering the cost of a four-year in-state school. Also make sure that there is language included which addresses all of the other costs that come along with the college experience, such as books, computers, meals, travel, insurance, and any other expenses that might come up.

As family law attorneys who practice here in Florida, an increasingly common issue that we deal with when it comes to divorcing spouses is addressing custodial and 529 accounts. Even when a divorce is amicable, problems can still arise with respect to budgeting for a shared child’s college plans.

529 accounts allow people to save and invest for college, while avoiding taxes. The funds, when withdrawn, are also exempt from federal taxation, as long as they are spent on “eligible” education expenses (tuition, books, housing, meal plans, computers, etc.).

Still, if not properly addressed in the separation agreement, some of them are subject to a number of changes that you may be opposed to. While the general rule is that the custodial parent becomes the owner of the 529 account, with more and more courts encouraging equal, shared parental responsibility (unless they find that it is detrimental to the child), the management of the college savings account must be explicitly addressed in the separation agreement; the contract that outlines how everything is divided. In particular, it is  very important for spouses to know that, legally, these funds belong to the child as the beneficiary, and are not available to a spouse to withdraw and use as their own.

As family law attorneys who practice here in Florida, one of the important areas that we counsel clients on is how to walk away from your divorce while ensuring that you are financially protected. This is, in many circumstances, easier said than done, as, of course, it is difficult to plan for every little financial detail when you are first preparing for divorce. Yet, by hiring a good, experienced attorney who you are comfortable with, and who also has experience and contacts in other areas of law, such as business law, you set yourself up to be better prepared to ensure that you come out of your divorce financially protected.

Below, we discuss one of the common misunderstandings people have when it comes to financial obligations after divorce, as well as several steps that you should take right away when you are getting a divorce in order to protect your financial interests:

First and foremost, regardless of whether one’s divorce decree indicates that they are not liable for their former spouse’s tax bill, if you filed a joint federal income tax return with your ex, both of you are jointly and severally liable for what is due that tax year. This means that the IRS has the authority to collect the full amount from either of you, regardless of whether one or the other is specifically responsible for or connected to the liability. This is because while the divorce decree is issued by the state, the IRS is a federal entity. However, there are certain tax forms that an individual can file in an effort to obtain relief from joint and several tax liability, such as Form 8857, titled “Request for Innocent Spouse Relief,” which is specifically for those who believe that their current or former spouse should be held responsible for all or part of the tax.

For some divorces, spending habits can become a serious issue; specifically, the issue of dissipation, which involves purposely spending extra marital funds while the marriage is going through a breakdown for one’s own benefit. There is no question that, in considering the division of marital assets and equitable distribution in states like Florida, intentional dissipation is one of the factors that the court will take into account as justification for unequal distribution. Once a divorce petition is filed, the administrative order prohibits both spouses from dissipating marital assets, therefore, issues involving dissipation typically arise when a couple knows that the divorce is imminent but before the petition is actually filed. For example, one spouse might transfer funds out of the marital estate or spend the funds on someone else in the form of hotel expenditures, gifts, questionable loans, etc.

As Florida family law attorneys who work to help our clients get through divorce with as little stress as possible, while also achieving their goals, one of the most important issues that clients have questions about are property division issues. This has become even more pressing given the current COVID-19 pandemic, as we potentially approach a housing crisis, and people become more and more concerned about their rights to the family home.

Florida Law & Issues That Can Arise

Florida law is clear regarding marital assets being distributed equally unless there is justification to do otherwise based on a number of factors that the court can take into account, such as the contribution of each spouse to the marriage, the duration of the marriage, the contribution of each spouse to assets, etc. However, questions can arise depending upon the particular circumstances of a relationship,  for example, if the mortgage is in one person’s name only, if one or both spouses lost their jobs, if the home is in foreclosure, if one spouse’s inheritance was used to make improvements on the home, etc.

As attorneys who help a number of clients with divorce here in Florida each year, we frequently discuss all of the many considerations that need to go into getting to a divorce settlement, but what about afterwards? There is still plenty that needs to be done with the assistance of your attorney after your divorce papers have been submitted to the court, as we discuss below:

Changing Your Name & Identifying Documents

If you are changing your last name, you will need to make updates to a number of important documents, such as your driver’s license, passport, social security card, etc. You will want to bring the judgment with you to the department of motor vehicles, passport office, etc.  Once these main documents are adjusted, it should be fairly straightforward to change everything else, including bank accounts, credit card accounts, homeowners and auto insurance policies (as well as title and registration for your car), etc. You may also need to open up new accounts in your name only.

Property division during divorce can be a difficult subject for a number of families, especially when it comes to what to do with the marital home. While, in some circumstances, divorcing spouses may agree that either person keeping the family home doesn’t make sense for financial reasons, in other cases, one or both individuals may want to stay in the home, one may wish to buy the other one out, etc. And when the divorce is filed, some spouses are still living together in the home, and ask us, as their divorce attorneys, what their living arrangements during the divorce should be as well, especially when children are involved.

Of course, like everything else in divorce, there are no black and white answers, and every case is different.

Selling

Couples choosing to address the marital home early on in the divorce process will sometimes benefit from quickly removing themselves from the situation and deciding to sell the home. Not only does the sale help them start anew, but it can provide both emotional and legal closure, and prevent them from having to deal with the costs of maintaining the home.

There is no question that the coronavirus quarantine is placing a strain on a number of relationships, and has made some realize that divorce is their only option for moving forward with their life. One of the main stressors involves people losing their jobs and/or a percentage of their net worth as a result of the quarantines and market upheaval. Some separated parents who are not yet divorced are also finding themselves in compromised situations due to the virus, whereby they now have new concerns about the other parent spending time with their children, which is also speeding up a desire to move forward with divorce. Some in the throes of divorce are even now find themselves living in the same house together due to the timing of the quarantine, and a percentage may be stuck in an abusive situation, not necessarily able to run to a friend or family’s home for shelter due to social distancing concerns. Those at risk of physical abuse are especially vulnerable now right now and may not be able to seek out medical help by going to the hospital due to virus concerns.

When you are in the process of going through a divorce you may receive a notice that your deposition will be taken by your spouse’s attorney. Lawyers take depositions in order to discover information, find out more about what a potential witness might say, and preserve testimony for trial. This can not only help them with evidence, but also potentially gather statements that can be used against your interest and credibility. It is very important that you work with your attorney and prepare for the divorce deposition, as preparation is key for these depositions. You never want to go in without knowing what to expect and having practiced.

Divorce depositions are usually around three hours long (although they depend on the specific circumstances of the divorce) and include your attorney, your spouse’s attorney, and the court reporter to record answers word-by-word. Your spouse may also be present, as well as any others that are relevant to the case; for example, a Guardian Ad Litem or child representative. Judges are not present and will not review the deposition transcript unless an attorney calls on them to do so.

An article recently featured in TIME magazine highlights why it is so important for couples to address certain issues in pre-and post-nuptial agreements, including pet custody issues, in order to avoid expensive, lengthy court battles later on. The article highlights just how important pets are becoming to us and how one individual spent close to $40,000 in legal fees fighting for custody over dogs in their divorce because the custody issue was not addressed in a prenuptial agreement.

Pets are becoming just as important as children for more and more people each day. In fact, according to a survey by the American Veterinary Medical Association, 80 percent of pet owners view their pets as family members. More and more pets are also adopted rather than purchased and described as mixed breeds, indicating that their value comes from something other than what they cost. In fact, of the more than 1,000 millennial pet owners surveyed in 2018, almost 70 percent indicated they would actually take work leave to care for a new pet if possible, and 60 percent of men and 80 percent of women considered their pets to be their “fur babies.”

As attorneys who help countless clients prepare for and get through divorce here in Florida, we also frequently counsel our clients on general suggestions for getting through their first holiday after divorce. A number of parents are especially concerned about where to draw the line between preserving old traditions while making new ones with their children at the same time.

Experts of all types of backgrounds have offered their advice when it comes to coping after divorce, especially during your first holiday. It is a predominant theme amongst each of these experts that parents consulting their children on what their preferences in terms of new versus old traditions tends to work well for getting through this time and finding a new, happy balance. Below, we discuss some additional tips from experts on how to make the most of your holiday after divorce:

Focusing On Your Children & Building New Traditions

In contemplating whether or not you want to get a divorce, the experts suggest not only asking yourself what your goal is and whether divorce is your best option to achieve it, but to analyze a number of potential red flags, as opposed to just one. Below, we discuss 12 that you may want to take a close look at:

You are no longer eating together

While this may seem like a minor issue, it may be a sign of something more major—i.e. that the two of you are disjointed and lacking in that connection time.

They are suffering from addiction and refuse to get help

This not only applies to issues such as alcohol, drugs or gambling, but severe mental health issues as well, especially any that are endangering you or others.

You are only still together because of your children

If this is the case, it could be a sign that the connection between the two of you has suffered or that you have put so much energy into your children that the relationship has suffered. Keep in mind that in some circumstances, it can be more difficult on your children to wait to divorce until they are older or leave home for college if there are unhealthy behaviors associated with staying together.

f you are pursuing a divorce, there are a number of issues you want to make sure you discuss with your divorce attorney and, in some cases, related professionals, such as your financial planner, so as to ensure that your future finances and retirement are protected, as we discuss below:

First, make sure you know what your monthly expenses look like – as well as your immediate needs and how they will be affected by the divorce – for example, will you need a new car and place to live, will there be insurance changes, groceries and gas to purchase, etc. Start small and work into bigger items, such as retirement savings.

Make sure that part of this involves managing your costs during the divorce. This includes tracking any money spent on financial planners, your divorce attorney, and any other professionals you have been working with. Also make sure that you are familiar with the timeline for the process so that you know exactly how long will be paying for these professionals.

As family law attorneys practicing here in Florida, during the month of August, we tend to see divorce filings spike. While divorce can be difficult and overwhelming, there are some new tech -related services that can help in terms of coordinating child issues with your ex and getting connected to helpful resources for divorce proceedings, as we discuss below:

“Co-Parenting” Apps

OurFamilyWizard can be used to help parents raising children separately and includes interactive calendars that allow you to track who has the kids on what days, as well as expense logs so that you can keep track of reimbursements, receipts, invoices, and more. The app also allows parents to communicate with each other through a secure message board and even features a “tone meter” option that can help to flag potentially problematic language before it is sent.

coParenter there’s another app designed to help with co-parenting and avoiding conflict while you do it. It allows one parent to send not-trackable notifications to the other parent, for example, when they are picking up or dropping off kids, as well as parents to send requests to each other if certain aspects of the schedule need to be swapped. In addition, if one parent does not want to use the app, it does still allow for the other parent to use the app in “solo mode” while sending messages to the parent who is not participating via a separate SMS phone number.

New research indicates that divorced men actually become better caregivers. As a result of men becoming single parents after divorce, they are finding that it makes them better fathers in part because they are taking control and responsibility for situations that they might have otherwise delegated their partner or waiting to be told what to do. As a result, more and more men are advocating for themselves and therefore becoming better advocates for the children; all while making room to become better fathers; which is feeding back into changing custodial norms.

In general, as divorced parents are taking a more informed and research-based approach to co-parenting; while no longer distracted by marital conflict; they are parenting with a lot more focus. Part of this could also be explained by divorce simply making many people happier individuals and therefore happier parents in the long run.

Money related issues are one of the number one reasons couples end up seeking a divorce.  For many, it is the number one cause of arguments between two married individuals. This is no surprise as, regardless of whether a couple is wealthy or in debt, many have financial disagreements.

Below, we discuss some of the biggest money-related reasons people end up getting divorced:

One of the reasons financial issues become a problem is because couples fail to discuss these issues before getting married; only to find out afterwards that they have completely opposite views of money. Sometimes this leads to a “spender” and a “saver,” for example, who are continually at odds with one another. This can especially become an issue if a couple starts out in debt, which many do. This sometimes also adds to the anxiety which, in turn, can make discussing finances even more daunting.

Credit card debt is another issue that sometimes comes between people, especially when one individual has worked overtime to pay off their own debt; only to have their spouse rack up new debt that they will both be responsible for. In fact, the larger a couple’s debt, the more likely money becomes an issue that they fight about.

The divorce process became significantly more complicated this year with the code changes. Not only did a number of Americans end up owing more than expected, but along with these changes also came a slew of unforeseen consequences. For example, the spouse paying alimony can no longer deduct the payment, and the spouse receiving alimony no longer has to pay taxes on it as income, making alimony payments in general costlier, and divorce negotiations more strained. This loss is not insignificant: for some, it amounts to thousands of dollars; and its loss becomes more and more significant as the income difference increases.

In an effort to offset some of the losses associated with the loss of the alimony deduction, as one example, a number of divorce attorneys and accountants are resorting to other money saving (creative) techniques, as we discuss below.

One way to try and get around this loss is to set up a trust for the spouse who would otherwise receive alimony. Known as “grantor trusts,” they are effectively designed to pay out income without the tax burden, and are funded with assets designed to generate income. It is essentially a property settlement that must be established after the divorce decree has been finalized. Trusts set up like these ensure that payments continue even if the paying spouse passes away and when the receiving spouse passes away, the rest goes to heirs. However, some accountants have warned that the IRS could see this is simply disguised alimony.

During stressful times as going through divorce proceedings, it is common to let important issues and accounts, such as insurance coverage, fall by the wayside. However, during this time, it is extremely important to take a close look at any and all insurance policies in order to foresee whether your insurance policies may be impacted once your divorce is finalized – in order for you to strategically prepare.

Below, we discuss the two main types of insurance that are typically relevant during divorce: health and life insurance.

When a couple is married, frequently, one spouse is covered in terms of their own health insurance on the other’s health plan. In order to help the spouse that does not earn an income after divorce, the purpose of the Consolidated Omnibus Budget Reconciliation Act (COBRA) is to allow them to continue the coverage under their ex’s plan for three years afterward.

However, while COBRA is convenient in terms of continuation of existing coverage, it is not necessarily the most affordable option. In addition, the time limit makes it somewhat impractical after a certain amount of time has passed.

A number of older individuals who have divorced or are contemplating divorce are concerned about the impacts of divorce on their Social Security benefits. This is especially the case for older individuals, who may have, since their divorce, remarried again, and now have questions as to whether they can obtain their divorced spouse’s benefits.

Fortunately, remarriage typically does not disqualify someone from being eligible for a previous spouse’s benefits, as we discuss below.

The Rules After Divorce

If you divorced, but your marriage lasted 10 years or longer, you can receive benefits based on your ex if:

However, it is also important to remember that there are some exceptions to the marriage duration requirements when it comes to widows collecting benefits. For example, if a spouse’s death was accidental, you may be able to draw reduced benefits from the deceased spouse, and then switch to receiving benefits on the first spouse’s record at a later time (provided that the first spouse provides more beneficial benefits). This is beneficial if the first spouse has a higher benefit rate than the second spouse.

According to new research, although many parents decide to stay together and delay divorcing until their children are older because they think that is better for them, in fact, divorce is actually less harmful if it occurs earlier in childhood.

Of course, when it comes to how a family will react to divorce, experts have long held that that depends upon the family. Exactly how a child will react depends upon what is going on with the family, the child’s temperament, age, and the relationship between the parents. If there is exposure to chronic violence in the home, the consensus has been that parents should get divorced as soon as possible. The same also goes for repeated high conflict in the marriage. Still, for children who come from violent divorces, many experts will recommend that additional steps be taken, such as taking the child to therapy.

As the first major assessment done on the emotional impact of divorce on children, this latest study results specifically indicate that the greatest repercussions from divorce (i.e. behavioral and emotional problems in children) come in early adolescence; i.e., between the ages of seven and 14, especially in boys. Older children are not only more sensitive to relationship dynamics, but they are also more likely to be affected by other consequences of divorce, such as disruption to friendships and schooling. Conversely, for children between the ages of three and seven, the study found no differences whatsoever between children whose parents divorced and those who did not.

As attorneys who regularly represent clients who are going through a divorce here in Florida, we consider it to be of vital importance to ensure that our clients understand the most important mistakes to avoid during the divorce process. Below, we discuss some of these mistakes in greater detail:

First and foremost, be careful—and cautious—on social media. Boasting about your new life—salary, trips, etc.—can only negatively affect your proposed settlement.

You also want to make sure that you gather all of the important paperwork in place before it’s too late and if you have to ask for it from our ex, down the road. Some of the paperwork includes information covering:

These documents are not only essential to the current divorce settlement process, but they help you and your attorney figure out what makes sense in terms of negotiations. For example, alimony negotiations might be affected by spousal survivor benefits from Social Security in 25 years. The more information you have now, the better you will be able to predict current and future tax consequences, and all of that affects what you demand and give up in the now. For example, a Roth IRA is worth more than a traditional IRA because it is untaxed in retirement. In a nutshell, one of the biggest mistakes you can make is being in the dark when it comes to your finances.

Any divorce finalized after December 31 will not be able to take advantage of the tax deduction, which was eliminated in the Tax Cuts and Jobs Act. The deduction disappearing has a number of couples rushing to get things finalized before 2019 arrives, as payers (in the higher income tax bracket) will no longer be able to deduct the payments on their annual returns, while recipients will no longer be paying taxes on alimony as income.

In fact, payers will now owe the Internal Revenue Service taxes on the amount paid, while recipients will owe nothing. According to reports, last year alone, close to 600,000 taxpayers claimed deductions for close to $13 billion in alimony paid the previous year. The elimination of the deduction was reportedly intended to offset budget deficits created by lowering the corporate tax rate from 35 to 21 percent.

And unfortunately, however, couples’ needing to come to an agreement isn’t the only hurdle: There must also be enough judges—and time—to sign off on divorce agreements before the end of 2018 in order for couples to take advantage of the alimony deduction. 

As family law attorneys who assist a number of clients going through divorce in Florida each year, we frequently hear clients tell us that they decided to get a divorce because they experienced ‘the last straw,’ or, conversely, that they felt blindsided by their partner, who said that something triggered ‘the law straw’ and made them want a divorce.

What is the law straw, and what triggers it? Below, we discuss some advice from the experts on its origins with respect to divorce:

The last straw is often more a culmination of realizations and issues over time as opposed to the dramatic event or fight that is sometimes portrayed in the movies. It is often a symptom of a series of ongoing issues or breakdowns in the marriage until, one day; one person decides that it is more painful to stay in the marriage than to leave. In other words, the last straw can be the result of an emotional realization as opposed to a major event.

For many people, divorce is time consuming and emotionally draining, which explains why some are tempted to make some considerable financial mistakes during the process. While this is understandable, we as attorneys practice in divorce and family law frequently have to address some of the financial fallout from this decision-making, which then makes the entire process that much more difficult.

Below, we discuss how to avoid making the most damaging financial mistakes while going through divorce:

First and foremost, do not let yourself go out and buy a big ticket item, like a new car or house. While these items might have been financially feasible before, you may very well find that they significantly interfere with your ability to stay on top of new finances that you are now solely responsible for.

Also be careful about cashing in on investments and 401(k)s to pay the bills. Keep in mind that “cashing out” on these items could lead to substantial tax consequences; even potentially placing you in a higher tax bracket for the entire year, which can affect other payments, such as student loan payments. Also, even if you cash in on 401(k) funds that have already been taxed, you can get hit with a penalty by the IRS for cashing in on those funds before you turn 59 ½.

Many parents these days find it difficult to find that right life-balance when it comes to juggling career, child support, and shared custody after divorce. Recently, CNN ran an interesting piece focusing on some perspectives of fathers, in particular, who feel that the system has let them down. Some of these fathers have spent time in jail because they were unable to pay court-ordered child support; gone bankrupt; or even been altogether barred from seeing their children due to civil protection orders. And not all of them ended up in custody battles due to divorce: some learned all too late that they had fathered children but were excluded from the child’s birth certificate.

According to the statistics, even today, more than 80 percent of custodial parents are mothers. Does this mean that men automatically do not get a fair shake when it comes to custody cases? Laws in states like Florida and elsewhere were supposed to prevent this phenomenon by focusing on what is in the best interests of the child. Still, that doesn’t mean that men do not sometimes get the short end of the stick due to judges’ traditional perspectives. Below, we offer some insight on how fathers can avoid acrimonious outcomes in circumstances like these.

For anyone who has gone through it or had friends or family go through it, you know that divorce is rarely an “easy” process, especially if it is contentious and children are involved. Some children can go through a variety of worries as a result; worries that include potential guilt, fear of abandonment, fear of change, worries that they might hurt one parent if they spend more time with the other one, etc. Some also act out and develop behavioral issues as a result.

Given that divorce is inevitable in some circumstances – and sometimes, it is also simply healthier to go your separate ways rather than expose your children to a toxic relationship – note that there are steps you can take to ameliorate the effects of divorce on your children, keeping in mind what they need most from you, as we discuss below.

The phrase “be the adult” is arguably both obvious and confusing at the same time. Obviously, you are the adult, so what exactly does this mean? It means that, while your children acting out can be expected during this time, it is also important that your children know that certain types of behaviors are still unacceptable, and if the “heat of the moment” isn’t the best time to address these behaviors, you will circle back to it the next day, noting that, you understand that your child is going through a lot, but it is still not OK to do x, y, and z. In other words, according to the experts, what your child needs is a decisive leader who is also supportive and understanding, and who will provide them with a stable environment, even when things get stressful.

When it comes to businesses started during your marriage, you may not realize that, if you do not properly protect that business, it could be split with your ex in the event of divorce. Some individuals even find themselves having to give up their own shares of a company they started – allowing their ex to buy them out as part of their settlement agreement – which can bring on feelings of tremendous despair and loss. Not only could you lose your business, but you would also have to split any growth in the value of that business that occurred during the marriage.

However, it is also important to realize that this does not have to happen, as there are ways to “divorce-proof” your business – as long as you plan ahead. First and foremost, keep in mind that the best time to do this is before you get married, and if you are already married, before you can even contemplate getting a divorce.

While many people realize that getting a divorce while sharing minor children can be complicated, divorcing while sharing children with special needs can be even more complex because parents often have to provide for these children and arrange for their care long after the children are no longer minors.

With the rate of divorce being around 85 percent amongst families of children with special needs, this is an important topic that deserves guidance and consideration, especially amongst family and divorce attorneys who are helping these families plan for the future.

Under every state law—including that of Florida’s—what is in the “best interests of the child” is what matters in terms of figuring out time sharing between parents and households. But what exactly does this mean in terms of a child with complex or severe disabilities, who may require lifetime services and support? What about a child with autism or sensory processing issues who may have a more difficult time with change and taking turns staying at one home, then another? In some circumstances, it is entirely possible that one home or parent may be better equipped to manage a child’s disability and special needs, and, frequently, additional financial support is needed in order to provide for special needs children.

According to data from the federal Office of Child Support Enforcement, more than $100 billion is currently pending in back payments owed to parents with custody of their children. In 2011 alone, unpaid child support totaled more than $14 billion.

Many people do not realize just how big of an issue failure to pay child support actually is, and this issue is only compounded when your child’s parent not only fails to pay child support, but also is also unemployed, untraceable, and/or has additional children from a separate marriage. In circumstances like these, working with an experienced family law attorney is the best way to ensure that you remain protected. Below, we discuss some steps you can take if you are owed child support:

Know Your Rights

You and your attorney should discuss your legal rights and responsibilities, as well as the pros and cons of going to court or entering into a settlement. One thing that you absolutely cannot do is prevent your ex from seeing your child in retaliation for failing to pay child support.

On August 30, Fatherly published a heartwarming story submitted by a reader that many divorced or close-to-divorced fathers—and parents in general—would likely find it is an interesting and worthwhile read.

The submission chronicles the story of a father who was thrown off—or rather, immobilized—upon hearing that his wife and mother of his children wanted a divorce. As he describes, divorce especially crushed him because he himself did not have a father figure growing up, and his one goal in life was to be a good father.

Below, we discuss some of the “lessons learned” from fathers who describe becoming better fathers—and sometimes even men—due to their divorce.

Lessons Learned

Up front, the author directly addresses things he should have done differently in his marriage with his ex—talking more, being more affectionate, going on dates, taking vacations, each spouse putting each other first, etc., and what it was like to finally find a partner—a true connection—to share his life with after his divorce. Ultimately, he states that being divorced taught him to be a better father—to value the time he spends with his children even more—and to ultimately put family before work.

People tend to make a lot of assumptions when it comes to divorce, assumptions that can either leave you surprised and in a bind, or looking bad to a court, depending upon what activities you engaged in.

Below, we discuss some factors, issues, and behaviors that surprisingly do not impact divorce settlements.

Florida has what’s known as an “equitable distribution” policy; meaning that marital property is fairly divided between the divorcing parties. Therefore, even if you have been a stay-at-home parent or vice versa—you have been working more—this does not mean that the one earning the money ends up with a larger overall share.

Alimony is a sum of money, lump sum or over a period of time, which a husband or wife is required to pay to his or her former spouse after a divorce and ordered by the court. In fact, in deciding alimony, courts may consider the following:

Also keep in mind that not every inheritance that you receive during your marriage turns into fair game for your divorce negotiations; in fact, the law dictates that as long as this asset is kept separate and was not commingled with marital assets, it can be classified as a non-marital asset to which the non-owning spouse does not have access. If this is of concern, you will want to ensure that you work with an experienced divorce attorney to keep it separate from your shared accounts or assets, regardless of what stage you are at in thinking about or negotiating a divorce settlement.

An interesting article featured in This Insider on June 16th presented a new perspective on divorce; one that reflects marriage as a success instead of a failure. This is rooted in the concept that, if one of the best outcomes of marriage is personal growth, growing out of the relationship is simply one path that growth might take. Instead of change being fearful, it can, instead, be embraced.

In other words, if marriage exposes your selfishness and immaturity, and continually demands that you grow in ways you could not have anticipated, sometimes both partners change so drastically that they realize their marriage isn’t helping them live the life they’d like to.

A marriage that ends in divorce can ultimately teach you about yourself and how you behave in relationships, and deciding to leave one when it is unfulfilling can even be likened to leaving a dead-end job; it means that you knew when it was time to make a change. Conversely, what could be considered a failure is staying in a marriage—or similar situation—that is “sucking the life out of you.”

One of the biggest concerns that many couples who share children have is how divorce could possibly affect their children; specifically, whether pursuing a divorce could interfere with their child’s ability to afford a college education. Below, we discuss how you can prevent your divorce from interfering with this important aspect of your family’s life.

Everyone Should Have a Plan

According to a recent study by Ameritrade, two-thirds of married couples do not have a financial plan in place, even in the event of a spouse’s death. With college costs increasing approximately three percent per year and four out of 10 marriages ending in divorce, this is beyond shocking. The average cost to attend a public, in-state school is $20,770 per year, and a private college costs approximately $46,950. Thus, even without the prospect of divorce, parents need to plan in order to afford college, especially because immediate family costs usually trump saving funds for a college education.

It is easy to be bombarded by information here and there about how divorce leads to more complicated financial circumstances. However, if you do it right—and work with the right attorney—you can complete the process without placing a financial strain on your family. Below, we discuss some of the pointers to keep in mind as you approach the divorce process:

Interview Several Different Attorneys

 Make sure that you do your homework when it comes to selecting your divorce attorney. Don’t just take one person’s recommendation or work with the first person who comes up online; instead, interview several different attorneys and note who is paying attention, providing you with detailed information on how billing works, etc.

Trust your intuition when it comes to deciding who you are comfortable with. If you sign an engagement letter, make sure that you and your attorney are very clear on what the hourly rate will be. Also make sure to ask whether the attorney works with any junior attorneys and/or paralegals, as that can sometimes lower the overall costs.

Divorce has become more and more common for individuals who are 50 or older (sometimes called a “gray divorce”). The rate of divorce amongst this age group has roughly doubled since the 1990s, and for those 65 and older, it has tripled.

However, that doesn’t mean that there’s a ‘one-size-fits-all’ approach developing; because being comfortable after retirement is of paramount importance for those approaching retirement, there are some dos and don’ts when it comes to divorcing later in life, which we discuss in greater depth, below. In general, whatever funds a couple has accrued in their 401(k) plans, 403(b) or 457 accounts, individual retirement accounts, pensions, etc. will be divided, and therefore, there are some steps to take to protect yourself.

IRA Transfers

First and foremost, any and all IRA transfers need to be done properly, and with the assistance of an attorney who has experience in Qualified Domestic Relations Orders (QDROs), specifically. If they are not done properly, you can be subject to significant penalties and taxes.

As posting on social media becomes more and more popular, it also becomes relevant to divorce proceedings. Specifically, social media activities often either contribute to the cause of the divorce, or can be used against individuals in divorce proceedings.

A study recently published in the Journal of Cyberpsychology, Behavior and Social Networking found that people who use Facebook specifically more than once per hour are more likely to experience conflict with their romantic partners. Often, jealousy or instability stems from people being able to reconnect with old partners, or “emotionally cheat” with others.

In addition, social media posts can absolutely be used against you in divorce proceedings: According to a survey conducted by the American Association of Matrimonial Lawyers, two-thirds of divorce lawyers use Facebook as a primary source of evidence in divorce cases. Below, we discuss some of the most common types of evidence gathered from social media sites for divorce cases:

No divorce is the same as another—each one is unique based upon the relationship and the unique circumstances involved. Still, all divorces have at least one thing in common: the need to make intelligent financial decisions if you’re going through it. Below, we provide some guidance on how to ensure that you are “financially free” after divorce:

Think Of Debt & Credit Scores

While many people contemplating divorce are instinctively concerned about the division of assets, many do not realize that a court also divides financial responsibilities as well, such as debt. Most married couples share accounts, and it can be difficult to maintain your credit if your ex stops paying the bills on a shared account—even if you both agree to take responsibility for this or that credit card or bill. Remember if your name is on something, you are responsible for it—regardless of what the court documents indicate.

When couples are contemplating or going through divorce, they already have too much to worry about: Depending upon their particular circumstances, that often includes the family home, the children, assets, and more. The last thing that most couples anticipate is also having to tackle an insurance dispute.

And yet, life insurance policies are one of the most important aspects of the divorce, but without ensuring that the proper documentation is in place, divorcing couples could be setting themselves out for a serious battle.

Support in Perpetuity

Life insurance policies can provide support and assurance where other payments—such as alimony—cannot, as they terminate upon death. Under the law, former spouses can remain named beneficiaries to life insurance policies even after the divorce has long been finalized.

Carefully Craft Your Divorce Settlement

A recent decision out of the United States Court of Appeals for Sixth Circuit upheld the importance of divorce decrees (i.e. settlements) even over later changes in named beneficiaries in terms of what qualifies for a qualified domestic relations order under the Employment Retirement Security Act. This decision reinforces the importance of carefully crafting settlement agreements.

The new tax bill has received a lot of attention in the media. However, many do not realize that it will have implications on divorce and alimony payments (in addition to tax deductions).

Below, we discuss some of the ramifications of the law in greater detail, with a focus on how it complicates divorce.

Perhaps most notably, the Tax Cuts and Jobs Act made significant changes to alimony, eliminating the ability for the alimony payer to deduct the payments from his or taxes, and the mandate for the receiver to pay taxes on alimony payments as income, as applied to divorces entered into after 2018.

Being able to deduct alimony payments was helpful to many families, as it allowed the spouse in the higher tax bracket to transfer money to the spouse in the lower tax bracket, thus allowing for settlements that would pave the way for each party to receive a benefit.

Under the new law, because the alimony payer’s income will be taxed at a higher rate, there will be less money to divide overall between spouses, with more money in general going to the government in the form of taxes.

The holidays are that time of the year when many Americans start thinking about divorce and a fresh start. January tends to see the highest number of couples seeking divorce.

In addition, the most common age for divorce is the mid-to-late 40s. It tends to coincide with the youngest child going off to college, when many couples realize that their relationship has changed, and they no longer have the child around to “keep the relationship breathing.” This also tends to be the time when a couple is planning for retirement, which can place additional stress on the relationship.

If you have been contemplating getting a divorce, because it is the holidays, having to think about and plan for divorce on your own can be beyond emotionally overwhelming. Below, we discuss some important guidelines in an attempt to reduce the stress that often accompanies divorce.

Broaching Divorce with Your Spouse

New research demonstrates that divorce is actually making American families bigger, with almost one-third of all U.S. households that contain adults under the age of 55 having at least one stepparent, and 33 percent of all couples over the age of 55 having a stepchild.

Ultimately, the rise in divorce and remarriage is driving these changes, with the divorce rate doubling for older Americans, leaving approximately 40 percent of them with children in stepfamilies, and almost 30 percent of adults over the age of 50 getting married more than once. Below, we discuss some advice proffered by those who have gone through some of these changes.

As Families Blend, There Can Be Confusion

As divorce increases and the size of American families along with it, plenty of confusion can also come into play, as couples and families plan vacations, chose how to spend their earnings on college tuition, and make other, important decisions involving both biological and step-relatives.

As highlighted by this CNBC coverage, taking financial missteps during divorce can leave you in bad shape, especially if you and your ex’s finances are closely intertwined. It is crucial that you understand the implications of all the financial decisions being made, even if you are working with an attorney and/or financial advisor.

Below, we discuss some of the mistakes you’ll want to ensure that you avoid:

The Family Home & Liquid Assets

Many people going through divorce think about whether they should keep the family home for the sake of their kids and providing consistency and routine. However, it is important to note that the mortgage that you could once afford with two incomes may no longer be sustainable to stay in.

In addition, if you are offered the family home in exchange for your ex obtaining particular investments (such as the brokerage count or retirement savings), remember how costly keeping the house could be. It may not behoove you to take that trade.

More and more people are considering entering into a postnuptial agreement – also known as a reconciliation contract – in order to take a pause before moving forward with divorce, especially in states like Florida, where the law does not provide an avenue for formal, legal separation.

To be clear, a postnuptial agreement is an agreement couples enter into after marriage (in contrast to a prenuptial agreement, which is drafted and signed by both parties before marriage). They can be entered into at any point after getting married, and in this way, can serve as a template or blueprint which allows a couple to take time to try and work on any issues in the marriage (such as financial and/or asset-related issues) before moving forward with a formal divorce.

Benefits

Because Florida does allow couples to enter into valid separation agreements if divorce is imminent, these postnuptial agreements tend to prescribe the terms of a split if reconciliation fails, including the relevant financial arrangements, and are selected when divorce isn’t yet imminent. More and more, couples are finding that these agreements are a more acceptable means of moving towards what they want because:

The law favors keeping families together as long as it is in the best interest of the child. In this regard, only very specific actions can lead to the termination of parental rights in states like Florida, actions such as:

Written Surrender

Parents can voluntarily execute a written surrender of a child and consent to an order providing custody to the Florida Department of Children and Families. The surrender must be executed before two witnesses and a notary public or other authorized individual.

Abandonment

Abandonment is defined by statute as a situation in which the identity or location of one or both parents is unknown and cannot be ascertained within 60 days.

Safety & Well-Being of Child Threatened

When evidence indicates that one or both parents have engaged in conduct towards their child or other children which demonstrates that the continuing involvement of one or both parents threatens the safety, well-being, or physical, mental, or emotional health of the child, this can serve as grounds for the termination of parental rights.

For many who are contemplating a divorce, the thought of what might happen to your retirement savings as a result is beyond harrowing. What’s going to happen to our home, expenses, medical insurance? While these details can sometimes be overwhelming, an experienced divorce attorney who regularly works on family law cases can help advise you on how to plan for the division of retirement assets and properly plan for retiring post-divorce.

Any property acquired during the marriage is generally considered marital property and subject to equitable division. Property acquired prior to marriage as well as property inherited, acquired after separation, and/or divided via a prenuptial agreement is considered to be non-marital property. However, it is important to be careful about non-marital property that may have been commingled with marital property, as this could also be subject to equitable division.

According to the latest Gallup poll, 73 percent of U.S. adults say that divorce is “morally acceptable”; an all-time high, even as the national divorce rate has been on the decline. Since 2001, the public has consistently viewed divorce as morally acceptable, more and more each year. In the decades prior, however, the concept of divorce generated a fair amount of discord in public polling.

Specifically, by mid-1968, before most states adopted no-fault divorce laws, 60 percent of Americans indicated that they wanted the government to make divorce “more difficult.” However, as laws changed during the 20^th century, divorce became more and more familiar to most Americans, allowing it to become more morally acceptable, even as the divorce rate itself continued to decline. 

Moral Acceptability of Divorce in U.S. Hits New High amongst Married and/or Older Adults

Historically, divorce was always more acceptable amongst unmarried adults. However, over the last seven years, married individuals became about equal in this endeavor in accepting divorce as morally acceptable, indicating that attitudes are changing amongst married adults. Even the one major subgroup that has historically remained the most opposed to divorce—“very religious Americans”—is now, for the first time in history, reflecting that a majority of its members find divorce to be morally acceptable.

Some Florida couples deal with mental incapacity issues as they overlap with divorce, and there are laws here in Florida addressing the issue. However, while Florida does allow for divorce in the event that one spouse suffers from a mental incapacity, there are particular waiting periods built into the law in order to protect infirm spouses who, in some instances, cannot defend themselves. Specifically, once determined to be officially incapacitated, an individual needs to have been incapacitated for at least three years prior to commencing dissolution proceedings.

Yet while the law has been put in place in large part to help protect those with severe injuries and conditions such as brain trauma and dementia, there are also individuals who have found themselves the victim of this particular law.

As A Hurdle

While some divorce-mental incapacity cases involve one spouse attempting to take advantage of the other, who has been deemed to be mentally incapable, there are also couples who wish to obtain a divorce, but find themselves waiting for three years or more to obtain it due to some of the loopholes in the law.

In one woman’s story of divorce, as recently featured in The Washington Post, she describes divorce becoming easier as a couple nears the one-year mark, where “what once seemed like an end is actually a beginning.” For many, life eventually takes them towards entering a second subsequent marriage.

But are there particular precautions and important considerations that should be taken by those who are planning to get married a second time, particularly if they have children from their first marriage? Indeed, second marriage can involve additional complications, particularly if blended families are involved. Below, we go into detail about how you can ensure that you and your family are protected.

Protecting Assets & Accounts in Marriage and Divorce

Absent an agreement indicating otherwise, Florida law mandates that marital property be split equitably. While many younger couples don’t worry about protecting assets or keeping separate bank accounts when they initially enter into marriage, for older couples who already own their own homes, retirement funds, and other assets, protecting these assets—possibly in the interest of their children’s future(s)—are often a number one priority.

The payment of child support after divorce is very important to families for a variety of reasons, the most obvious being that the monies are used in furtherance of the child’s well being and to establish an appropriate quality of life for the child.

Unfortunately, Florida ranks fairly poor among U.S. states, as it relates to social and economic conditions for children, making child support payments that much more important in our state. For example, in 2016, Florida was ranked 39^th in the nation in the Best & Worst States for Underprivileged Children report.  

Child Support Guidelines in Florida

Florida, like other states, has a set formula (or guidelines) for determining child support. Under Florida state law, the judge may vary this plus or minus five percent from the guideline amount after considering all relevant factors, including the needs of the child, age, standard of living, and the financial status and ability of each parent. If the amount varies more than five percent, there must be a written finding explaining why staying within the five percent guideline would be unjust or inappropriate. This can also be the case whenever the child spends a substantial amount of time with either parent, whether temporary or permanent.

Child custody and visitation issues post-divorce can get messy and complicated. Violating custody agreements can even be considered a crime when they affect future custody and visitation arrangements, often to the detriment of the involved parties.

For these reasons, you always want to ensure that you are working with an attorney experienced in child custody and visitation matters. This can allow for the establishment of an arrangement that better fits the needs of the particular individuals and families involved, sometimes even preventing future conflict.

Under the law in Florida, anyone—including a parent—who commits interference with custody can be found guilty of a third degree felony. That being said, the law also provides for some defenses, such as when:

Rather than taking the risk of violating a child custody order or agreement, speaking with an attorney as a first step is the best way to ensure that you and your loved ones are protected. An attorney can help protect your rights as a parent and address any concerns you may have regarding child custody arrangements/visitation. An attorney may also assist with any necessary emergency relief, especially if you and/or your child are in danger or feel threatened. For example, working with an attorney to obtain a restraining order and/or emergency custody order from a judge.

This means that the specific wording of these agreements is absolutely critical and can make all the difference between a prenuptial agreement that accomplishes what you need and one that falls short of ensuring that you and your loved ones are taken care of. It is also important to remember that even one mistake could invalidate the entire agreement.

Under Florida law, parties to a premarital agreement may contract with respect to the:

There are also disclosures that must be included in all of these agreements, including:

Financial planning is crucial for everyone. Coming to an agreement with your partner can help ensure that you have control over what happens instead of automatically defaulting to what Florida law dictates.

At HD Law Partners, our experienced family law attorneys understand what is at stake when it comes to marriage and divorce. We’ve been providing trusted legal representation for clients throughout Florida with over 40 years’ combined experience. When it comes to planning for your future, you want to ensure that you obtain experienced, skilled legal representation. Contact us today to find out how we can help.

Both the Florida Senate and House passed Senate Bill 590 in May 2017. The bill will go into effect on January 1, 2018.

Below are a few adjustments that will go into effect in January 2018, as discussed in a previous blog post regarding the FL alimony bill reform.

Click to read the complete Senate Florida Bill 590.

Are you facing divorce and have questions regarding the new alimony bill? When it’s a matter of importance, let our qualified alimony attorneys take the lead. HD Law Partner’s divorce and alimony attorneys have over 50 years of collective experience to provide you with the representation you need. Contact us today for help.

Florida Senate Bill 590 (pdf)

Posted in Divorce, Family Law |

When you’re contemplating or already engaged in the process of going through a divorce, ensuring that you work with the right divorce attorney is crucial. While you may be considering contacting attorneys referred to you by family or friends, perhaps you also found some law firms online that practice divorce law locally. But how do you know that they will care about your case, and ensure that your rights are protected throughout the process?

When it comes to ensuring that your divorce is handled right, you want to make sure that you do your homework in selecting a divorce attorney to work with. To start, there are some basic questions you should ask any attorney you are thinking of hiring for your case, which include:

It is crucial to find out if your attorney has specifically been practicing in family law, and if so, how many divorce cases they’ve handled. Depending upon the circumstances of your case, have they also worked in related important areas, such as child custody, property and asset distribution, etc.? If they have handled numerous divorce cases, do they have a particular clientele in these cases, such as focusing on fathers’ rights, etc.?

When parents get divorced and/or otherwise go through a child custody dispute, sometimes the court will appoint what’s known as a Guardian Ad Litem to represent the child’s best interests (as a neutral third party). Guardians Ad Litem have typically completed mandatory training courses in order to become advocates, and effectively end up serving as trusted advisors for your child. In fact, in some instances, the parents themselves will request to have a Guardian Ad Litem put in place.

The Guardian need not necessarily be an attorney, but if they aren’t, they must be certified by Florida’s Guardian Ad Litem program or by a legal aid program (unless the case involves allegations of child abuse, in which case the Guardian must either be an attorney or an individual certified by the state program). Under Florida state law, Guardians Ad Litem have considerable power, arguably assisting the court as the trier of fact in an effort to protect the best interests of the child.

Going through formal divorce proceedings can be expensive with court costs and attorneys’ fees. One alternative option to seeking a divorce is a collaborative divorce. Collaborative divorces have become increasingly popular, are less expensive, and are less adversarial than traditional litigation.

A collaborative divorce is where the parties and their respective attorneys agree to handle the matter without the involvement of the court system. The parties attempt to amicably resolve the case through settlement negotiations and the hiring of experts i.e. a counselor, therapist, or accountant if necessary.

Some pros associated with collaborative divorces are there are no court imposed time restraints and if the collaborative divorce is not working, it can be ended by any one party and the parties can then proceed to litigation. However, the attorneys that represented the parties during the collaborative divorce can no longer represent their clients in the litigation. Another disadvantage to a collaborative divorce is that it has the potential to be more expensive if negotiations break down or if one party is not participating or acting reasonably. There is also no threat of court action to force the other party to participate reasonably.

While most people generally know what mediation is, if you are contemplating or going through a divorce, it can be helpful to know more about how it specifically works within the context of divorce law, and how you can work with an experienced Florida divorce law attorney in the process of mediation in order to achieve a resolution you are happy with at the outcome of the process.

In a nutshell, mediation aims to help both parties avoid litigation (where they ask the court to decide the terms of the divorce) and instead come to some form of agreement as to the key terms. However, it is not the only option available if you wish to avoid litigating your divorce in court.

In mediation, parties meet in a private, confidential setting, with a neutral third party (and their attorneys) present in order to assist the parties with communication and staying on course to come to a particular agreement, outcome, or resolution, as a result of the mediation. The mediator is not always an attorney, thus it is crucial that each party work with their own attorneys so that the terms of what they are working towards are clear and any desired outcomes are achieved as a result of the mediation. All that the mediator can do is help facilitate communication between the parties, thus it is your responsibility to ensure that your legal interests are represented throughout the process.

Going through a divorce is difficult enough without also taking into account the potential impact that it could have on your children and your ability to spend time with them. There is a significant amount of debate amongst everyone involved—from policymakers, to judges and mental health professionals—on what is best for children. As a result, it is crucial that you educate yourself about Florida state child visitation laws and regulations so that you are prepared to do what’s best to protect you and your family—both by doing the research, and working with an experienced family law attorney.

As in other states, the primary consideration of the law in Florida is what is in the best interest of the child. After divorce, parents in Florida come up with a parenting plan which includes a time-sharing schedule, and that schedule governs each parent’s relationship with the minor child. Once established, the determination or schedule cannot be modified without a showing of substantial, material, and unanticipated change in circumstances (as well as a determination that the modification is in the best interests of the child, of course).

As is the case in general when it comes to family law, courts are always concerned about what is in the best interest of the child when it comes to making custody and parenting/time-sharing arrangements. At the same time, courts, in general, also have to respect the Parental Rights Doctrine, which historically upheld parents’ fundamental right to raise children as they see fit.

Although a decision in 2000 opened the door for states to become more involved in what, exactly, that parental right entails, it is the public policy of Florida that each minor child has frequent and continuing contact with both parents after they separate, and encourage parents to share in their rights and responsibilities.

That being said, there are some circumstances under which a child’s biological father can be denied parental rights. It is crucial, therefore, that if you have a child born out of wedlock or are going through a divorce, you understand how Florida is different when it comes to the concepts of child custody.

Divorce and child custody issues are already difficult enough without also having to address the issue of relocation after divorce. Depending upon the specific circumstances surrounding the relocation, it could very well affect the amount of time a parent spends with their child. For these reasons, it is important to understand what Florida law dictates when it comes to parental relocation after timesharing and parenting plans have already been finalized.

When one parent plans to relocate, parents often find themselves in court in order to find some resolution, as, especially when that relocation involves long distance, it can be very difficult to come to some consensus on what is best for both the child and the parents. This warrants working with an experienced family law attorney if you are dealing with this issue, as states have different laws in place when it comes to the issue.

Florida law defines relocation as a change in the location of the principal residence of a parent or other person from their principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time any action to establish or modify time-sharing was filed. In order for it to technically be considered relocating, the change of location must be at least 50 miles from the principal residence of a parent (for at least 60 days; in other words, this does not include a simple vacation).

A new Florida alimony bill was filed on January 21, 2017. Below are some of the biggest adjustments we found made to the alimony bill.

Are you facing divorce and have questions regarding the new alimony bill? When it’s a matter of importance, let our qualified alimony attorneys take the lead. HD Law Partner’s divorce and alimony attorneys have over 50 years of collective experience to provide you with the representation you need. Contact us today for help.

Source: http://m.flsenate.gov/Session/Bill/2017/0283/BillText/__/PDF

Posted in Alimony, Divorce |

Anyone who has gone through (or is currently going through) divorce and has children knows that one of the primary concerns is the well-being of their children and how they will get through it. Change can be especially harsh on children, especially during stages when routines are so important to their development. According to the experts, what type of response the child has can depend upon whether they are in childhood or adolescence; where divorce can sometimes increase a child’s dependence and regression, while increasing an adolescent’s independence and aggression.

That being said, there are actions you can take to help provide the support that children need during times of divorce, such as:

Communication

Encourage your children to be honest with you and articulate what they are feeling. Be a good listener and ask questions.

In addition, maintaining a good relationship with your ex and avoiding conflict can help avoid the stress that children sometimes internalize when they are exposed to that conflict, or when they feel pressured to pass messages back and forth. Children can also internalize hurt when they feel like they need to take sides and “pick” a parent’s side during times of conflict.

Divorce not only brings change to your personal/family life, but to your finances as well. This is why it is crucial that you make the right financial decisions immediately before, during, and soon after your divorce, so that you are on the right track. This can be done with the assistance of an experienced family law attorney who, by knowing the ins and outs of Florida state law, can ensure that you are on the right track in embracing your new future. Without ensuring that you have informed guidance, you could end up sacrificing retirement plans and other assets you’ve worked hard to acquire.

Just between 1990 and 2010, the divorce rate amongst individuals 50 years or older doubled. Unfortunately, when these couples plan for their retirement, they do so assuming that they will be together forever; an assumption that can end up hurting both individuals. This is why working with an experienced estate planning and/or family law attorney—even before you get married—can help simply ensure that you are protected no matter what happens.

Over the years permanent alimony has become rare and a few states, like Florida, still have this provision. Permanent alimony is designed to provide for the needs and necessities of a former spouse to maintain the standard of living set during the marriage. Alimony may have a very important impact in a divorce. Therefore, consideration for permanent alimony is not taken lightly.

The Florida Family Law courts take several factors into consideration when settling on permanent alimony, including:

Florida Family Law courts will consider modifying or stopping permanent alimony payments if there is good reason such as:

Are you facing divorce and have questions regarding permanent alimony? When it’s a matter of importance, let our qualified alimony attorneys take the lead. HD Law Partner’s divorce and alimony attorneys have over 50 years of collective experience to provide you with the representation you need. Contact us today for help.

Divorce is rarely an easy process for couples. Even for those splitting up amicably, frustration can sometimes emerge when dealing with sensitive issues such as child custody or property and asset division.

Florida abides by the principle of equitable distribution, meaning that any and all property and other assets acquired during the marriage is divided equally, unless there’s justification for an unequal distribution based on various factors, such as contributions to the marriage, the economic circumstances of the parties, etc.

However, nothing is black and white. Many people do not realize that if they commingle their own assets, those very assets can turn into marital assets (to be distributed equally). And this not only applies to property and assets, but debts incurred during the marriage by one individual as well.

If you and your spouse are separated and/or otherwise heading for divorce, there are steps you can take to help ensure that any assets you deem to be separate, non-marital property—and belonging to you—stay that way; steps such as:

The divorce process can be dreadful or astonishingly cordial. Much of how your divorce goes may depend on the steps you take leading up to it. Below are four steps that may help if you wish to split up with your significant other on an amicable basis.

1. Gradually tell your spouse you are considering a divorce.

You can’t disappear your way out of a marriage. It’s best to reveal to your spouse, sooner than later, about any internalized feelings you have. Divorce can be devastating so bringing the conversation up gradually can lessen the blow. Talk about your unhappiness with your spouse several times before serving divorce papers.

2. Consider couples therapy.

If your spouse insists on therapy, you owe it to your marriage and children to do so before filing the divorce. Couples therapy may help your spouse come to the conclusion that a divorce is necessary. Therapy may help the divorce process go smoothly and lovingly.

Although the state of Florida has abolished the concept of fault when individuals file for divorce, that doesn’t make the process of obtaining a divorce any simpler, nor does it completely eliminate the impact that an individual’s behavior during marriage has when it comes to important decisions that come out of divorce, such as property distribution, alimony, timesharing, and related issues.

In addition, many would be surprised to find out that adultery (or, rather, “living in open adultery”) is still considered to be a crime in the state of Florida, thus, it’s fair to say that behavior during marriage–regardless of what’s listed in state statute as technical grounds for dissolution–can have its effects.

The No-Fault Divorce Law in Florida

Florida being a no-fault divorce state, which means parties can dissolve their marriage by indicating that the marriage is “irretrievably broken.” When either spouse files, they must simply prove that they have been married and at least one has been a Florida resident for at least six months immediately preceding the filing date.