Every parent has an obligation to support his or her children. When couples with children divorce or in situations where the parents are not married or living together, then the noncustodial parent can be ordered to pay child support shortly after a party files for divorce or legal separation. In most cases, however, there is no dispute over the obligation and the noncustodial parent is happy to provide the support for the child’s needs and will begin making payments directly to the custodial parent shortly after there is a separation. The theory behind child support is that the parent who has...

Divorces are generally not the most pleasant of experiences. Unless your marriage was short-lived, the spouse or partner with the most assets or who is more financially advantaged often stands to lose the most when it comes to distributing the assets.  In an equitable distribution state like Florida, the parties typically divide the marital assets and debts evenly. Marital vs. Nonmarital Property If you own a business or have business interests, it is important to classify those interests as either nonmarital or marital. Nonmarital property is typically that which was acquired before the...

Whenever a couple with young children is going through a divorce, their main consideration should be the health and happiness of their children and the possible psychological effect the separation is having on them. Although divorce is not uncommon with some observers commenting that this is the new normal, studies have shown that the children of divorced couples often have unstable relationships of their own later on in life. A less than amicable divorce with frequent outbursts, accusations of misconduct and even of child abuse can have severe repercussions for the children on their behavior,...

Although the issues of property division and spousal maintenance in a divorce proceeding can cause heated arguments between couples, issues concerning child custody are typically paramount. Florida law favors shared parental responsibility and having the children remain in contact with both parents, though one parent will maintain the primary residence. A court can, though, remove a child from the physical custody of a parent and order supervised visitation if there is evidence of neglect, sexual abuse or domestic violence. Determining Primary Custody In any dispute, the parties are encouraged...

As parents, we look forward to the day when our children become parents themselves and we become proud grandparents, spoiling our grandchildren and delighting in their personalities and growth. A divorce, however, can alter grandparents’ access to their grandchildren, especially if the dissolution is not amicable. If a divorce is imminent, grandparents are likely to be concerned about the welfare of their grandchildren. But as grandparents, do you have any custody rights in a divorce? Florida law does not allow grandparents the right to be granted custody of their grandchildren, citing a parent’s...

Few issues are more wrenching in a divorce than those concerning child custody and time share arrangements. Divorcing parents may want joint physical custody, or primary physical custody. This all depends on if an agreement can be made over summer schedules, school breaks, weekdays and weekends, pickups, and other logistical arrangements. To help avoid uncertainty and chaos in some instances, the Florida courts require the parents to create a parenting plan to resolve these issues. In any divorce, it is to the benefit of all parties to work out their differences short of litigation. This minimizes...

“Keeping your head while all about are losing theirs” is a quote from Rudyard Kipling that might apply to divorce. A marriage that is dissolving is stressful enough but instead of seeking retribution or revenge, keep your head and your focus on what has to be done to get through the process smoothly. One way to achieve is this is by making sure your finances and financial documents in order. By taking the necessary steps to organize your financial records, you will have substantially eased stress, as you will ensure that you keep what is rightfully yours. The Cost of a Florida Divorce Divorces...

A principal concern of parties preparing for or going through a divorce is how it will impact their credit scores. You may have spent years building up a decent credit rating and fear that a divorce may have a negative impact. For example, if you had a joint credit card account with a balance of thousands of dollars that is now assumed by one of the parties, what happens to your credit if that party does not make payments? For the most part, a divorce does not directly affect your credit. Before you file, however, you should take steps to minimize your obligations on certain debts. If either...

A divorce is a difficult time, no matter how agreeable the involved parties may be. You were committed to a relationship that has not worked out – that’s never easy to deal with. Most people know when divorce is a real possibility. If you have not experienced a divorce before, here are some tips to consider so that you will be prepared for some of the more trying aspects. 1. Prepare for tough conversations. Communication with your spouse is a key to lessening the tension surrounding divorce, and in reaching a quicker, and more harmonious settlement of the issues in your relationship that must...

One of the first questions many clients ask of a divorce lawyer is “how long is this going to take?” This is typically a major concern – many clients fear a long, drawn out process. No lawyer can tell you exactly how long your divorce will take, but he or she can reasonably respond to your inquiry by first asking you the following: Are you and your partner in agreement on most if not all issues? If you have children, have you decided on custody and visitation? How much marital property is there and what is its value? How long have you been married? {Do you both have sources of income? Are both...