If your divorce involves time-sharing of minor children, a parenting plan will be part of your final agreement. Judges in the state of Florida prefer the parents develop and agree on the plan together. However, if they cannot do that, the judge’s primary concern, in every instance, is to serve the best interests of the child. The parenting plan is a court-approvedor court-established) document. It dictates the interactions between the parents regarding the child. A plan in the state of Florida will contain detailed information regarding the child’s health care, education, the time-sharing schedule and the child’s overall well-being. So the history of the household, including events such as domestic violence, child abuse or drug use, is considered. Florida courts provide a parenting plan form to help with the process. Details In A Parenting Plan The state’s form does not pretend to cover every possible issue that may present itself. Generally, the parent who has custody of the child at a particular time makes the day-to-day decisions within the framework of the agreement. The age and needs of each child should be addressed in as much detail as possible in…Read More
They aren’t romantic, but they are practical. Prenuptial agreements have been around for years. They provide a way for individuals to protect the assets and property they bring into a marriage. They also determine what should happen to the various financial pieces should the marriage end. At its most basic level, a prenuptial agreement is a contract, agreed to by both parties, that inventories the premarital assets so the original owner retains rights to that property. Some “prenups” go deeper, spelling out details such as alimony and death benefits. However, in Florida, a prenuptial agreement cannot be used to determine child custody or child support. The court sets support based on the ability of each spouse to pay at the time of the divorce. Prenups are gaining in popularity. A 2013 survey of divorce lawyers by the American Academy of Matrimonial Lawyers found that 63 percent reported an increase in the number of prenups drafted. When the AAML revealed its findings, president Alton Abramowitz said in a release, “As the financial and real estate markets continue to improve, there is a greater awareness of risk to possibly sharing these gains…Read More
When determining child custody, judges in today’s court system place the best interests of the child above everything else. In the past, courts generally slanted custody outcomes toward mothers, but that is no longer the case. The court will consider these factors, among others, in choosing custody: Physical and mental health of each parent Employment status/income status/living arrangements of each parent Parenting skills Ability to encourage a healthy bond with the ex-spouse and extended family Any evidence of abusive/neglectful behavior by a parent Impact of moving on the child Whether one parent wants to relocate Preference of the child Once a judge sets the custody arrangement it is difficult to get it altered. So your best course of action is to hire a family law attorney, do your hearing preparation, and control your emotions and behavior. Preparing For Your Child Custody Case You want to demonstrate to the judge that you are a good parent with a solid bond with your child. You can do this in a variety of ways: Keep a journal: Write down all the significant things you do in maintaining an active role with your child.…Read More
One of the most important issues to settle in a divorce revolves around, of course, money. Who makes what income? Who gets what assets? Which assets are divided? And how? Will one party pay the other alimony or child support? A good divorce attorney can handle many things. But sometimes your attorney needs to assemble a team on your behalf. And that team may need to include a forensic accountant. Uncovering The Total Financial Picture A forensic accountant is a financial professional who examines personal and business financial records, looking at what is there, as well as what might be missing. In high-conflict, high-asset divorces, one party may try to hide income or assets. A forensic accountant trains an eye on stock options, complex business partnerships, retirement and insurance plans, and property or assets in different states. Additionally, they sniff out fraud. In other cases, they make calculations on future tax implications. Even in situations where things are progressing amicably, a financial professional can determine the current value of collectibles and art, or perform appraisals. Reaching A Bottom Line One of the first things your financial professional will delve into…Read More
Your long-term marriage has made it through children, careers and all life has thrown at you and your spouse. But forget “until death do you part.” You’re headed for divorce. And it’s happening near or during your retirement, those so-called “golden years.” Sadly, you’re not alone. The divorce rate among those 50 and older doubled during the two decades from 1990 to 2010, wrote sociologists at Bowling Green University, who published their study findings in 2012. In fact, about one of every four divorces in the United States in 2010 involved a person 50 years old or older. Further, the divorce rate for remarriages was 2.5 times higher than those in first marriages. The kids have grown and are on their own. Mom and Dad have grown apart. Now the spark has gone. Technology and Internet dating create enticing scenarios. Any number of reasons can lead seniors to these “gray divorces.” Here are some things to consider if you are eyeing a senior divorce: Your savings and retirement money likely will be cut in half. Florida is a no-fault state, meaning no blame is cast. The assets probably will be…Read More
Some Breakups Are Quick And Easy, Others Are Contentious. According to Chapter 61 of the Florida statutes, the state refers to divorce as a “dissolution of marriage,” and there are two basic types: simplified and regular. However, before you can file for divorce in the circuit court division, you must establish a few things. First, you must be able to prove there was a marriage. Also, one of the spouses must be a resident for at least six months before filing in Florida. Finally, the statutes require the filing spouse to show the marriage is “irretrievably broken.” Simplified Divorce In this type of divorce, you and your spouse approach the court as a couple and petition the court for the dissolution of marriage. Both of you must file all the forms correctly and appear before a judge at the final hearing. You can apply for a simplified divorce if: – the wife is not pregnant at the time of the filing – there are no minor children from the marriage or through adoption – both of you agree on the division of assets and debts – neither of you is…Read More
