Considering divorce? Knowing what to expect before you start can save you a lot of time and stress, and talking to a Fort Myers, FL, divorce lawyer early will help you get all the facts straight and plan ahead so the road is as smooth as possible.
First, you need to confirm you meet the state’s residency rules. At least one spouse must have lived in Florida for six months in order for you to file a divorce petition, but the only grounds you need to state is that the marriage is “irretrievably broken.” Florida has a no-fault approach, so you do not have to prove there’s been misconduct unless you need to for other reasons. Your case will be filed in the circuit court in the county where you and your spouse last lived together, or it can be filed in the county where either of you now lives if you’re separated.
Even if you’re not yet eligible to file or ready to file, start collecting documents now so you understand exactly what you own and owe together. Make copies of the last three years of joint and individual tax returns, all your recent pay stubs, all bank and credit card statements, your retirement account summaries, and any mortgage statements, car titles, and business records.
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.
Because divorce is often a time of life filled with emotion, there are sometimes difficulties in defining key issues. For example, you may have a list of terms you are hoping to include in your divorce agreement, but it may be hard for you to prioritize which terms are crucial to obtaining the post-divorce life you want and which ones are open to negotiation.
When you work with a Tampa family law attorney, you are connecting with a professional who can help you identify your key concerns. Plus, a skilled lawyer then has the expertise required to fight for your top goals so that the divorce agreement you need can be crafted and finalized.
Property Is Often a Top Concern
What will happen to property, including the family home, vacation properties, and income-producing property, is often a key issue for people moving toward divorce. Part of the process is determining which properties are marital assets and which are non-marital. Generally, marital property is any property acquired during the marriage, while non-marital property is any property acquired before the marriage or an asset that was the result of an inheritance or gift. Typically marital property is divided equitably and nonmarital property remains with the original owner.
Disagreeing on who is responsible for marital debt is common when a couple is splitting up. If you are ending a marriage in Tampa, Florida, it is important for you to recognize that your marital debts are divided in accordance with the state’s equitable distribution law. This means that your marital debts are divided fairly, which is not to say the debts will be divided equally.
Communication between spouses can be emotionally draining while navigating a divorce. In addition, ending a marriage can lead to a financial loss that each individual needs to recover from in the coming years. To talk about your marital debt division options, speak with a Tampa family law attorney.
Which Debts Are Marital Debts
The first step in dividing marital debts is to understand that not all debts are considered marital debt. Once you identify which debts are considered marital, division can be discussed. Marital obligations to debtors include debts that were incurred during the marriage for the benefit of the marriage. This could include any or all of the following:
When a marriage is coming to an end, it is normal to have feelings of loss, grief, and sadness. And it makes sense, if you are divorcing you are mourning the end of a significant relationship, so you may experience a sense of emptiness or loneliness as you navigate this shift in your life.
It’s essential to give yourself time and space to process your emotions and come to terms with the marriage dissolving. A Tampa family law attorney can help you during this difficult and emotional process. Many are overwhelmed and feel uncertain about the future, but an attorney can support your objectives throughout the divorce process, so you can move forward and create a new life for yourself.
Developing New Routines
Divorce involves significant shifts to your daily life and routine. You may have to adjust to living on your own, managing finances that you are used to another person dealing with, and redefining your social life. All of these changes take time to adjust to, this is true for anyone going through a major life change. It is important to be nice to yourself and realize that there are long-term benefits to being patient with yourself as you navigate this transition.
When there are family matters that are leading to disputes, or legal documents that need to be drafted in order to move forward, there can be a lot of stress for yourself and others involved. You may be unsure how to handle the legal details of your situation, but there are Florida family lawyers available to provide you with guidance and assist you in navigating your complex situation.
A skilled Tampa family law attorney will carefully listen to the details of your circumstance and provide you with next steps. Each state has its own family law intricacies, be sure you are connecting with a lawyer who understands the ins and outs of Florida family law in order to achieve the outcome you are seeking.
And there are issues beyond those listed in which a Tampa family law attorney can provide support as well.
Are you wondering how a Tampa Bay area family attorney could help you? Bring your questions and concerns to the attention of the compassionate lawyers at HD Law Partners. Skilled lawyers are available to compassionately listen to your situation. Then they will aggressively fight for the future you want. Connect with a veteran attorney today, call 813-253-5333 to schedule a free consultation.
While some divorces lead to drawn-out court battles, there are also situations in which the marriage is dissolved amicably. One option for a fast divorce in Florida is the simplified dissolution of the marriage process. As long as both people are in agreement on the divorce terms, the divorce can be completed within 30 days of the filing date.
In order to pursue a simplified dissolution of marriage the union must not involve dependent children, a pregnant wife, or alimony. Additionally, there is a residency requirement and both people have to agree to the divorce terms and sign off on the marriage being irretrievably broken. At least one of the people needs to have lived in the state of Florida for a minimum of six months. If you want to talk through this option or explore other avenues as you do not meet all of the requirements, talk to a Tampa family law attorney.
Separating and divorcing is challenging. It is normal to experience a range of emotions, and on top of managing your personal life there are many details to address. Setting up an organization system and keeping lists can be incredibly helpful. Many even find maintaining a daily diary of facts beneficial, because then a range of information pertaining to your divorce is in one spot. This diary is not for personal thoughts, but a stand-alone log of factual information, including some or all of the following:
While not all these dates and details will be needed, over-documenting is far superior to having no records. After all, something that seems insignificant now could improve your case later, so keeping track of dates and conversations could give you an advantage during the negotiation process later. When you share information about your situation with a Tampa family law attorney, they can share paths forward with you.
The answer to whether you will have to go to court to obtain a Florida divorce is that it depends on the details of your situation. A main consideration is if your divorce is uncontested or contested. If the dissolution is uncontested, you may not have to ever enter a courtroom.
Speak with a Tampa family law attorney about your goals, whether you are seeking a specific child custody agreement or are interested in pursuing a large portion of marital assets. Your attorney can share resolution options with you, including negotiation, arbitration, mediation, and litigation.
There are situations in which spouses are unable to agree on the central issues of the divorce. If this is true for you, if you and your spouse are simply unable to reach agreed upon terms when it comes to asset distribution, debt division, child custody schedules, and support possibilities, including child support payment or alimony, the divorce is contested. The disagreements will then be brought to court, both spouses are required to be present, and the judge will decide on the disputes.
While some associate prenups with the rich and famous, these legal documents are a valuable tool to a wide range of people. There are many reasons why an individual may request a prenup before getting married. They provide guidance on how to handle assets should the marriage end or someone passes away. You do not have to be uber wealthy to benefit from a prenuptial agreement.
But as is true with any legal document, working with a Tampa family law attorney before signing official agreements is an important step in protecting yourself and your resources today and into the future.
Of course, in order to build an agreement that is complete, both people need to provide a full disclosure of the assets and debts. This will include income verification, investment account balances, properties owned, and an array of financial statements. Often, each person will have their own attorney and there is a timeframe in which both individuals and their attorneys will review the data supplied and ask questions or request further documentation, as needed. While this process takes time, it is essential. When a prenup is not well-crafted, there is the possibility of legal disputes later.
School breaks are something kids look forward to, sometimes for months ahead of time, but if you are co-parenting while separated, you may have mixed emotions about winter break, spring break, and the summer expanse between one grade and the next. After all, there may be ambiguity about which house the kids will be at if you and your spouse recently separated and currently have a plan in place for each of you to be active in your child’s school schedule while living separately.
Often, separated parents are in the process of obtaining a divorce. If this is true for you, a parenting plan and custody agreement will be an important tool in understanding how a range of childrearing considerations will be handled, including which parent the child will be staying with over breaks and if those schedules will alternate or not. Share your concerns and hopes for the future with a skilled Tampa family law attorney. Then, next steps can be pursued.
High net worth is a term used to describe individuals, couples, and extended families with a lot of resources. That said, there is not a set definition. Generally, if you are moving forward with a Florida divorce and your marital resources include liquid assets of over a million, your divorce will likely be deemed a high worth divorce situation. Liquid assets are the marital assets after liabilities are subtracted. Liabilities could include mortgages, loans, and other debts.
While there are circumstances when divisions are simple, many Florida high net worth divorces are complicated. This is because when there are a lot of resources there can be ongoing arguments on how to settle matters fairly for all involved. Also, there are individuals who want to receive support payments, either spousal maintenance or child support. Asset distribution needs to be carefully determined, talk to a Tampa family law attorney to learn what is possible given the details of your case.
Divorce is emotional and upsetting, and on top of those worries it can be expensive. If you have talked to friends about their divorces, they may share a range of different experiences with you. For instance, it is possible they themselves paid for their attorney fees or that part of their settlement was outlining that their now ex-spouse would cover the legal expenses for both individuals.
If you believe your spouse should be responsible for your Florida divorce expenses, talk through your situation with a Tampa family law attorney. There are often more resolution options than previously recognized, particularly through negotiation.
At your initial attorney consultation, ask about how the legal team structures their fees to be sure you know how much you will need to spend in order for them to handle your Florida divorce. For example, some attorneys bill flat fees while others prefer to use hourly rates. How additional expenses will be dealt with will also be outlined in the agreement you enter into with your attorney.
It is well understood that the incomes of each spouse will be assessed when a couple chooses to divorce. But if you own your own business, you may be curious about how all of the assets and liabilities connected to the business you have created and nurtured will be impacted. While it is unlikely the value of your business is stagnant, the valuation at the time of your divorce are the figures that will be used.
A fair agreement can’t be created until all the appropriate financial information has been gathered. If you are unsure how to get a valuation figure for your business, connect with a Tampa family law attorney. In addition to the worth of your business, your attorney will also ask about if the business belongs to one spouse or if it was started as a joint venture. There are many details that can affect a final divorce outcome.
3 Possible Resolution Options
Instead of being overwhelmed by the options, talk through the pros and cons of different resolutions with your lawyer to determine which path you want to pursue. Then, your lawyer can fight for the outcome you want. For example, one of the three solutions below may be a welcomed solution for you and your spouse.
Alimony, also sometimes referred to spousal maintenance support, is common. But if you have been making court-ordered payments and have discovered your ex-spouse is now living with a romantic partner, you may be wondering if you still are required to make payments. While it is well known that remarriage can lead to the end of alimony, cohabitation and new relationships aren’t always as clear cut.
Talk to a Tampa family law attorney to have your individual situation assessed. If your ex is enjoying an increased standard of living since they moved in with their new partner, and it can be proven the relationship is supportive and established, including the sharing of finances, alimony payments could be impacted, either reduced or eliminated.
Proving a Supportive Relationship
When a relationship grows into one that is supportive and involves cohabitation, alimony may cease. The important component is being able to prove it is a supportive relationship. So, if your ex is staying with their partner a few days a week and shopping for groceries they will use to make a meal together, it will not likely not be deemed a supportive relationship. Supportive relationships are more involved than that, including joint accounts, for example.
Marriages end in a range of ways. There are some spouses who know the union is in trouble for years before one person brings up the topic of divorce. In other situations, one spouse believes everything is fine and is then shocked when their partner shares a desire to dissolve the union. Asking your husband or wife for a divorce is never easy. Whenever possible, take steps to make your discussions as constructive as they can be.
Schedule a meeting with a Tampa family law attorney as soon as you are considering divorce or have been told by your spouse that they want to end the marriage. Then, you can plan the next steps to create the future you want. Talking to a lawyer is productive and proactive, which can be empowering during the divorce process, an incredibly emotional time of life.
When to Talk About Separation or Divorce
Before you bring up the possibility of separation or divorce, be sure this is a path you want. If you believe there are problems that are in need of care, counseling could be pursued, for instance. Many find that talking through issues with a third party allows them to work through frustrations and pain. Sometimes, a marriage can be repaired.
While a court battle is often the divorce process illustrated on television shows and movies, there are, in reality, a variety of family law resolution options. When the individuals are able to communicate effectively, they could be able to negotiate the terms of a divorce agreement with the guidance of their attorneys. And even when this is not possible, arbitration or mediation solutions could be explored before deciding to leave the decision making up to a judge in a court of law.
When you share your priorities with a Tampa family law attorney, they can advise you on what resolution path could be appropriate for you. For example, each option has its own pros and cons when it comes to time frame, costs, and the amount of input you and your spouse have into the final outcome.
Ongoing Disagreements and Resolution Options
If you are unable to negotiate a divorce agreement with your spouse because of ongoing disagreements, you may be interested in pursuing mediation, which means you and your spouse will each have your own attorneys and a neutral third party, a mediator, will guide the negotiation discussion toward a resolution. The agreement is, in essence, still negotiated and consensually agreed upon by the individuals divorcing.
If you and your spouse are moving to separate or end your union through a divorce, seasoned professionals can provide guidance. For example, if the two of you have children, you are likely in the process of considering how the divorce will impact the daily schedules and long-term plans of your kids. When it is possible to work collaboratively, working with a parenting coordinator could be an option.
Not all spouses are able to communicate and negotiate during a divorce. Some couples are involved in high-conflict disputes. But if you are interested in learning about mediation, collaborative divorce, and other options that involve you and your spouse agreeing to terms, talk to a divorce lawyer. When both parents are open to discussion, you can create a parenting plan together and have it approved by a Florida court. An experienced Tampa family law attorney can provide you with knowledge and a path forward.
If you are a Florida parent who was awarded court-ordered child support payments at the time of your divorce, you likely rely on those payments to keep your household budget balanced. After all, child support amounts are set once there is an assessment of the income and resources of the involved parents. In many cases, the custodial parent needs the funds to provide for their child and maintain a lifestyle for the children that is in line with their experiences when their parents were married.
But it is common for circumstances to shift after a marriage ends. Sometimes, a parent chooses to move out of state, either for a job, to be closer to their extended family, or simply to make a fresh start and begin again. If they are permitted to do this under your divorce agreement is one question, but their requirement to maintain court-ordered payment is not a question, they are required to do so. And if they don’t, the Uniform Interstate Family Support Act (UIFSA) could be a way to access the funds you need. Discuss your options with a Tampa family law attorney.
The advent of new scientific procedures that allow for such innovations as cryopreservation have introduced some complications into family law disputes; in particular, the issue of couples freezing embryos and entering into disputes over who has “custody” in the event of separation or divorce are becoming more and more common. While the question of whether frozen embryos should be considered marital property has sparked outrage in a number of states, in Florida, a law already exists addressing the issue. However, like many statutes, it is still written in such a way as to lend itself to plenty of litigation. As a result, this area of the law is still very much developing in the courts, leaving a number of questions unanswered, and warranting the need to address the issue in family law discussions if a couple has engaged in cryopreservation of embryos.
What Florida Law Dictates
Florida’s law specifically dictates that the treating physician and the couple must enter into a written agreement that provides for the disposition of the couple’s eggs, pre embryos, and sperm in the event of death, divorce, or any other unforeseen circumstance, and if they fail to enter into an agreement, any remaining eggs and sperm belong to the party that provided them, while decision making authority regarding the disposition of pre embryos “resides jointly with the commissioning couple.” In the event of death of one member of the couple, absent a written agreement, the eggs, pre embryos, or sperm remain under the control of the surviving member of the couple. The law even addresses the issue of whether a child conceived by an individual’s eggs, pre embryos, or sperm after their death is eligible for a claim against their estate by stating that they are not unless they have been explicitly provided for in the decedent’s will.
Everyone around the world is feeling the impacts of the coronavirus, whether you are looking at business closures, working remotely from home, children’s schools closing, hospitals, or a number of other everyday regular fixtures in our lives. However, no one was really prepared for the virus to affect family law issues, such as divorce and parenting plans. A number of schools here in Florida closed and are not going back for the rest of the academic year, while others are closed until at least April 15. As a result, most parents found themselves staying at home for coronavirus seclusion with their kids during the first few days of the lockdown, and then perhaps transitioning the kids to the other parent as part of their time sharing plans.
Yet because there is no “pandemic clause” in a divorce agreement, a number of parents are also now experiencing severe anxiety when it comes to these custody issues and the regularly-scheduled transitions between parents. While their parenting plans may cover ‘normal’ days, they, by no means, cover what is happening at the moment with the coronavirus. In fact, in some states, it has become such an issue that some state Supreme Courts have had to weigh in and dictate that divorced couples follow originally published school schedules.
When it comes to child custody, the general ‘trend’ today is to encourage joint custody, which allows a child to share the same or close to the same amount of time with both parents, and includes both legal (decision-making) and physical (where the child spends their time) custody. According to extensive studies, children who spend at least 35 percent of their time with each parent – where a developmentally-healthy, safe, secure environment is provided – are not only more likely to have a better relationship with that parent, but also tend to do better academically and otherwise. Studies also indicate that child in single and/or fatherless homes are more prone to homelessness (90 percent), dropping out of school (71 percent), and teen suicide (63 percent).
That being said, one-size-fits-all is, of course, never the case when it comes to child custody decisions; meaning that of course there are circumstances under which it does not make sense, for example, if there is a history of domestic violence or other illegal activities with one parent, or if the child has special needs and/or otherwise finds it debilitating to go between two households for other reasons, such as anxiety.
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.
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.
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.
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.
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:
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.
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.
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.
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 39th 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.
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.
Paternity rights can be an important element of a child’s (and family’s) life, and help ensure that not only will the child receive the financial support needed in order to succeed, but also have access to certain benefits and information that could be helpful for the sake of their health and future.
While the law assumes that, when a couple is married, the mother’s husband is the father of the child, things can become more complicated when it comes to children born out of wedlock.
Paternity Law in Florida
Under Florida law, 1) any woman who is pregnant or has a child, 2) the man who believes he is the father of a child, or 3) the child may initiate court action to determine the paternity of the child; particularly, when the paternity has not been established by the law or any other means. Specifically, in order to preserve the right to notice and consent to the adoption of the child, the unmarried biological father must file a notarized claim of paternity form with the Putative Father Registry that deems him the “registrant” and confirms his willingness and intent to support the child. This claim may be filed before the child’s birth, but not after any petition for termination of parental rights has been filed.
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.
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).
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.
Most people know they should have a will, but no one likes to think about dying. Accidents and illnesses can happen at any time, and not being prepared with a will can hurt your family. Many have the misconception that wills are only for the wealthy and your money. Wills protect more than just your assets. If you have children, a will ensures they are in good hands if something happens to you. Getting a will in place is not difficult; below are five easy steps to get started.
There are so many opportunities to make mistakes, do not choose a “do it yourself” will. Start by contacting a trusted and experienced estates attorney. HD Law Partners provides free consultations to get you started.
You will have to choose who will inherit your money, property, and possessions. This step should not take very long unless you have a complicated family structure. Have a list ready of who will get what. Your estate attorney will add it in your will.
Unfortunately, sometimes when there is divorce and/or death within a family, there are also visitation-related disputes. While the courts will always be most concerned with what is in the best interests of the child, it is also important to note that grandparents do have certain visitation rights under some circumstances.
The Law in Florida
When it is in the best interests of the child, the court will award reasonable rights of visitation to a grandparent if:
In determining a child’s best interests, the court considers the following factors:
Petitioning the Court
If a grandparent wishes to obtain court-ordered visitation with the grandchild, they would petition the court for visitation, whereby the court would then hold a preliminary hearing to determine if the petitioner/grandparent has made a prima facie showing of parental unfitness or significant harm to the child.
If the court finds that there is evidence of significant harm to the child, it may appoint a guardian ad litem and refer the matter to family mediation. The court can also proceed with a final hearing if family mediation does not resolve the issue.
