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...

Divorce can be a complex process if children are involved, or there are substantial assets to allocate. If the parties are unable to agree regarding child custody, visitation issues, alimony, or the division of assets – the keeping of accurate records can be vital for the court to issue orders that are fair and reasonable. Distribution of the Marital Assets & Debts It is always essential to keep accurate and comprehensive records of your finances, assets, and debts. If you are going through a divorce, you will need to draft, or at least attempt to draft, a settlement agreement to divide...

People enter divorce proceedings with preconceived notions of their rights, or lack of them, and of what happens regarding assets, debts, alimony, child custody and child support. Three of the more common misconceptions are discussed here. 1. Mothers by default get full custody rights to the children. Years ago, the courts did tend to favor mothers when determining custody. However, in recent years, there has been a growing movement of awarding fathers more and more custody. In fact, many judges believe it is in the children’s best interest that the parties have equal custody. In Florida, the...

Marital strife is stressful and can affect your work, children and other relationships. Few marriages are perfect and most go through periods when stress levels are high, such as when couples are experiencing financial difficulties, or a child is having developmental problems or issues at school or with the law, or a partner is having an extramarital affair. As a result, one or both partners may seek advice from a divorce lawyer. A good divorce lawyer will discuss your marital issues with you and see if counseling or mediation could help resolve your differences. Your divorce lawyer can be...

Florida is a no-fault divorce state, meaning you do not have to demonstrate grounds for a divorce or prove fault such as abandonment or neglect, but only that the marriage is irretrievably broken or that one party is mentally incapacitated. A divorce from a short-term marriage with little or no marital property and no minor children is relatively easy to obtain while a dissolution for a marital relationship of long duration, with considerable assets and liabilities, and/or one with minor children is much more involved. For any type of divorce in Florida, there are certain essential steps in...