Tampa Florida Family Law Blog

Addressing visitation issues in a divorce case in Florida

Couples who have minor children and who are going through a divorce have many different concerns as the case proceeds through the family law court system. Both soon-to-be ex-spouses may be worried about how long the divorce case might take -- which is usually longer when children are involved. They may also both be worried about the costs involved in the divorce. But, primarily, the parents, despite their own disagreements, usually want what is best for the children. The problem is, the parents oftentimes do not agree on what that is.

Visitation issues, in particular, can be difficult to address. Unless the divorcing spouses work out some type of arrangement on their own that they both feel is mutually beneficial, it will be up to the family court judge to decide child custody and visitation issues. While joint custody is the preference, that is not always possible. Sometimes, one parent will get primary custody and the other will get visitation rights.

How will "equitable distribution" effect high asset divorce?

Our readers in Florida may have heard the term, "equitable distribution" as it relates to property division in divorce cases. However, this legalese-type term may leave some people wondering what, exactly, it means. So, how will "equitable distribution" effect one's divorce?

First, it is important to understand that equitable distribution essentially means that the split of assets and debt in a divorce will be "fair" as opposed to being split 50/50. Of course, this means that subjectivity becomes an essential part of the divorce case, as both sides attempt to prove their beliefs as to what should be a "fair" distribution of assets and debts.

Making the holidays peaceful with a strong custody agreement

Child custody is one of the most difficult aspects of a divorce. It is not easy for two Florida parents to agree on what is best for their children, especially when they are already dealing with the complex emotions that come with the end of a marriage. The holidays can exacerbate these feelings and make it even more difficult to make things work for the sake of the children.

If you are going through a divorce, you may want to give careful consideration to how holiday visitation will work after the process is final. It is beneficial to include this in your custody order, as these details can help you avoid conflict in the future. There are several ways you can ease the stress of this time of year and give your children the ability to enjoy continuity of lifestyle

Discussing specific issues in prenuptial agreements

When a couple in Florida is preparing for a wedding, a conversation about a prenuptial agreement is, understandably, a somewhat delicate issue. Some people may worry that discussing or signing a "prenup" is a "jinx" on the marriage. Others may be completely shocked when their soon-to-be spouse even broaches the issue. However, once the conversation begins, much good can come from having a solidly drafted prenuptial agreement in place.

For example, these days many people are waiting longer to get married -- until they are in their 30s, as opposed to in their 20s. Naturally, that means that people have lived a longer "adult" life and probably have financial concerns of their own prior to marriage, including debt and possibly even significant assets. Keeping these finances separate can actually alleviate a potential source of stress on a marriage before it even begins.

Avoiding mistakes in a divorce case

A divorce can be one of the most impactful events in a Floridian's life. There is no denying the complete change that can go into effect for a man or woman who is ending a marriage to go on with their separate life, sometimes, after years of being married. As important as a divorce case is, it is important to avoid mistakes.

A recent news article pointed out some mistakes that men, in particular, make when it comes to divorce cases, but some of the mistakes noted in the article should equally be avoided by women as well. One of the primary mistakes the article points to are the discussions -- and promises -- made between the soon-to-be ex-spouses, both before and during the actual legal proceedings of the divorce case. If, for example, one said they were going to give some asset to the spouse, the promisor better believe they will be held to that promise in the courtroom.

Protecting your rights in a high asset divorce

In any divorce, the stakes are high. Sensitive issues that need to be addressed, such as property division, alimony, child custody and child support, mean that the ultimate decisions on these issues can have a life-long effect. However, in a high asset divorce, the property division process of the case takes on a much more significant role.

In such a case, it is important for Florida residents to protect their rights. It starts with getting a full understanding of the assets -- and debts -- that will be part of the property division discussion. In many cases, people own more assets than they realize. High asset divorces often involve forensic accountants and real estate appraisers, as well as experts to appraise the value of such possessions as pieces of art and other valuable collectibles. Hopefully, people do not have more debt than they realize.

Is the divorce rate really that high in Florida?

The statistic has been said so much that it is almost common knowledge: half of all marriages end in divorce. That is not a high level of success. But, is that "statistic" actually true anymore? After all, societal norms have been changing quite a bit over recent years, and a new generation is changing how most people approach important turning points in their lives.

So, is the divorce rate really that high in Florida? Well, while Florida, as one of the most populous states in the country, no doubt has a high number of divorce cases filed and concluded each year, the "rate" of divorce is a whole other figure. One effort to analyze divorce rates on a state-by-state basis looked at the rate of divorce per 1,000 married people. Unfortunately, the results bore out this fact: Florida is tied for the eighth-highest rate of divorce in America.

Some personality traits more likely to cause a divorce

Most of our readers in Florida have heard the common refrain that half of all marriages end in divorce. The validity of that supposed statistic has been called into question in recent years, but there is no doubt that most people probably know a friend or family member who has gone through a divorce case. Are there certain personality traits that may make it more likely for a person to end up in a divorce?

Well, a recent article discussed the possible effect of personality traits on marriages. It determined that there are indeed some personality traits that may make it more likely for a person to see their marriage end in a divorce, based on information relayed by divorce attorneys and psychologists who have experience in the realm of divorce law.

A parenting plan to give your kids the future they deserve

During their divorce, Florida parents want to take steps to ensure that their children do not experience unnecessary complications and emotional stress. For this reason, you and the other parent may be able to set aside your differences and work on a parenting plan that will work for every member of the family. The primary goal in any custody arrangement or parenting plan is to provide the children with security and stability for years to come. 

When drafting your parenting plan, you will need to consider what will actually work best for your children. This can be difficult, especially when you are dealing with the difficult emotions that often come with divorce. It's not always easy, but if you decide to resolve custody issues out of court, it may require you to set these feelings to the side and focus on what will be best long term.

Dispelling the myths of Florida divorces

There are some people in our state who are in an unhappy marriage and may be contemplating filing for divorce. However, for some of those people, there are impediments to taking the actual step of pursuing a divorce, namely certain "myths" about divorce and the legal process that is involved. Dispelling those myths can give people the information they need to make the right decisions.

As a recent news article mentioned, one of the main myths about divorce involves child custody: that mothers are always awarded custody. There may have been a time when that was the subconscious mindset of family law judges, but that time has passed, for the most part.

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