Orlando Family Law Blog

Florida's requirements for divorce

Floridians who find their marriages deteriorating often turn to divorce to bring their relationships to an end and to secure a fresh start. This process often involves blame, with each party accusing the other of causing marital strife. Before proceeding with marriage dissolution though, individuals need to fully understand the requirements that must be met before a court will grant a dissolution petition.

Florida is a no-fault state. This means that parties to a divorce do not need to indicate who is to blame for the relationship's deterioration. Instead, the parties can merely claim that the marriage is irretrievably broken. No specifics have to be given as to why that marriage is irretrievably broken. However, the facts that have played into the breakdown may need to be presented when addressing certain issues such as alimony, property division, and the child custody and visitation.

We know how to utilize prenuptial & postnuptial agreements

Recently, the blog discussed how Millennials are spurring an uptick in the use of prenuptial agreements. This is no small thing. After all, these agreements are under utilized in today's society. Yet, they have numerous benefits that can be obtained by all. Although it may seem like an uncomfortable discussion to have with a soon-to-be-spouse, when handled correctly both parties can see the true value of a prenuptial or a postnuptial agreement.

Prenuptial and postnuptial agreements can address many divorce concerns, too. They can settle potential property division issues, alimony disputes, and layout financial obligations moving forward. These terms can provide each party with a significant amount of relief. With one of these agreements in place, an individual can proceed with marriage and focus on the things that really matter, and not financial concerns that may or may not arise in the event of a divorce.

Adele's divorce highlights importance of property division

Anyone can be affected by divorce, regardless of their financial status, length of relationship, or number of children. As such, many Floridians find themselves facing challenging legal situations related to their marriage dissolutions. Sometimes these matters pertain to child custody and co-parenting, but even couples without children have to deal with property division. The outcome of this issue can have serious consequences, too, oftentimes setting the financial bounds within which an individual must remain after his or her divorce is finalized.

Property division is certainly under the spotlight in the divorce of singer Adele and her husband. According to reports, Adele may be worth as much as $180 million, with some of that money tied up in real estate. Since the couple didn't execute a prenuptial or postnuptial agreement, their property may be subject to division in accordance with state laws unless they are able to reach an agreeable resolution on their own. This very well may be the case, too, as reports indicate that Adele has already given her husband a property worth $600,000.

The importance of establishing paternity

Having a child can be one of life's greatest joys. Yet, Floridians often find themselves dealing with legal issues that threaten their relationship with their children and their ability to adequately provide for them. Sadly, fathers' rights are often threatened through these processes. When a child is born out of wedlock, women are generally considered a child's custodial parent. Women are sometimes favored with regard to custody arrangements during the divorce process. However, regardless of one's gender, it is important to understand the basic legalities of paternity, as it can have a profound impact on child custody and child support matters throughout the course of a child's life.

Let's look briefly at the way paternity is established. There are a number of ways that this relationship can become legally recognized. To start, a man is deemed a child's father if the child was born during his marriage to the child's mother. Paternity can also be established when a man and women both voluntarily sign a paternity acknowledgement form. This process can be completed regardless of whether the parents are married.

The different types of alimony in Florida

The divorce process is important for a number of reasons. Perhaps chief amongst them is the fact that the outcome of many divorce legal issues can rewrite one's financial standing. Poorly negotiated and litigated marriage dissolutions can leave individuals facing financial hardship post-divorce and, by that time, it is often too late to remedy the situation. This is why matters like property division, child support, and alimony must be aggressively dealt with when necessary. This week we'll take a quick look at the different types of alimony that can be awarded in Florida.

Alimony, also referred to as spousal support, can be ordered in one of a number of ways. The first type of spousal support is often referred to as bridge-the-gap alimony. This type of support is meant to help a divorcing party transition into a new life as a single person. Therefore, this type of support is meant to be short in duration and only assist with legitimate needs. As such, there are specific limitations placed on this type of support.

Millennials drive uptick in prenuptial agreements

A prenuptial agreement can be a great way to ensure financial security prior to entering into a marriage. These documents, which essentially equate to a contract amongst soon-to-be married couples, can lay out various terms pertaining to property division in the event of divorce. It can also address alimony payments. This means that those who have a prenuptial agreement can enter into their marriage knowing exactly what is at stake in the event that a marriage fails.

Many people feel that prenuptial agreements are sparsely used nowadays, but this is far from the truth. In fact, the Millennial generation is spurring a spike in prenuptial agreement use. A recent study found that more than half of surveyed divorce attorneys say that Millennials are responsible for the increase in these legal documents. So why are Millennials seeking out prenuptial agreement protections with more frequency that previous generations?

Can my custody agreement allow me to travel with my child?

Child custody can be complicated even when both parents remain cordial after a break up. You want your child to spend a fair amount of time with each parent. The law provides guidelines for events like long weekends and holidays that intend to help both parents evenly share the child’s time over the course of the agreement.

Having a good parenting plan can helps you avoid any confusion or arguments. Both parents then know what to expect and can also plan their schedules around their visitation time.

Orlando-area firm advocates throughout property division process

Over the last couple of weeks we have looked at some of the challenges related to divorce's property division process. There can be a lot on the line when dealing with retirement accounts, primarily because these are oftentimes the largest assets held by a couple. Marital debt can also be significant, though. If these matters are improperly handled, then a Floridian can find him or herself strapped with burdensome debt with little financially stability. This is a divorcee's worst nightmare.

Yet, property division is supposed to be carried out equitably in Florida. While this means that the division of assets and debts should be handled fairly, it does not mean that everything will be split evenly. This leaves the matter ripe for legal argument. The parties can dispute their contribution to the marriage and their financial needs post-divorce, and arguments can be made regarding the classification of property, which can be critical because property that is separately owned is not subject to division.

Logistics of dividing retirement accounts through divorce

The true cost of divorce can be enormous. Sure, there are oftentimes emotional attachments that must be severed, if they are not already, and losing precious time with children can feel like a gut punch. The marriage dissolution process itself can be time-consuming and emotionally trying. Yet, while the emotional effect may be more than enough to leave Floridians feeling overwhelmed, the financial ramifications of divorce have to be dealt with competently unless these individuals want to find themselves losing out on property to which they are entitled.

One of the most common and most valuable assets subject to divorce's property division is the retirement account. Of course, there are many types of retirement accounts, and different division rules apply to each. But, they all need to be handled with extreme care during the marriage dissolution process, as failing to do so could cost an individuals a significant amount of money.

Hidden assets can affect the outcome of property division

The purpose of property division in Florida divorces is to give each party a fair share of marital assets. Though this division is equitable in nature, it is not always equal. As a result, there is usually a lot at stake when the parties cannot agree to the terms of property division. This means that those of us who find themselves in this position need to ensure they do everything they can to protect themselves and their financial interests.

One way to do this is to be on the lookout for hidden assets. Knowing that marital property can be subjected to the property division process, many divorcing individuals are tempted to hide assets so that they can keep them and utilize them post-divorce. These assets could be just about anything, from investments and bank accounts to property and jewelry. Knowing how to locate hidden assets is one way to ensure one gets a fair share of all marital assets.

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