Tampa Florida Family Law Blog

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.

A prenuptial agreements effect on one's life

Florida residents who are planning on getting married usually only focus on the positives that will occur after the ceremony is over. There is always a good reason for this sort of optimism, but, in some respects, it is also a good idea to be cautious. Some residents will consider how a prenuptial agreement may be applicable in their upcoming marriage.

How will a prenuptial agreement effect one's life? Well, for starters, these agreements are intended to help protect the individuals, primarily from a financial standpoint, when they are about to get married. Granted, the agreement will only become applicable in the worst-case scenario, but having a prenuptial agreement in place can help with the property division process of a divorce, should such an end to the marriage occur.

What should you understand about property division issues?

Florida residents who are getting ready to go through a divorce understand that they will need to sort through quite a few issues -- even more if there are minor children involved. But, aside from issues having to do with children, perhaps, the most contentious issue in a divorce case is how to divide assets and debts. So, what should divorcing spouses understand about property division issues in a divorce case in our state?

Well, for starters, the most important aspect of property division in a divorce to understand is that assets and debts will not be split "50/50." In Florida, the law asserts the concept of "equitable distribution" for assets and debts. This means that, if the parties cannot agree on their own as to the overall distribution of assets and debts, the family law court will determine what is fair and just -- which does not always come out to an even split. If one of the soon-to-be ex-spouses appears to be situated with better financial prospects post-divorce, the other spouse may end up with more in assets and less in debt once the case is all said and done.

How will a divorce impact your finances?

Many of our readers in the Tampa area know that a divorce can result in a significant impact on finances, for both spouses who go through the process. In fact, the financial aspect of a divorce is why many couples try very hard to work through their marriage issues. However, some people may not realize that the financial impact of a divorce can be greater for those who are older - the so-called "grey" divorces.

A recent report analyzed the impact of divorce on older Americans, specifically those who are age 63 or older. Nearly 27 percent of women over that age who went through a divorce later in life qualified as "poor" under the applicable criteria. For men, the percentage stood at just over 11 percent. In broader terms, the recent report noted that the divorce rate for Americans age 50 and over has doubled in the last thirty years or so.

Actions that can negatively impact your custody case in Florida

A divorce can be one of the most stressful processes an individual goes through during their life. If you have children, the process will likely be even more complicated.

Though the divorce process can be highly emotional, it is important to not let your emotions get the better of you. Doing so may lead you to act in a way that could be detrimental to retaining parental responsibility of your children.

Could bad drafting and negotiating sink your "prenup"?

When celebrities and wealthy people get divorced, details about those legal proceedings usually make the news headlines. And, one term that often comes up in those cases is "prenuptial agreement." Our readers in Florida probably know that the point of these documents is to protect assets and keep them separate in the event that a marriage ends in divorce. But, could bad drafting and negotiating in the lead up to signing the document actually invalidate a "prenup"?

The short answer is yes. While every prenup will be unique to the realities of each individual relationship that is the subject of the document, there are certain requirements that need to be met or, in the worst-case scenario, a court may invalidate the document if and when it is set to be enforced. Florida residents should be mindful of these requirements if they want to have the best chance to have their prenups enforced when they are needed.

Age differences when it comes to the rate of divorce in America

Some of our readers in Florida may have seen news reports in recent years that generational shifts in thinking about relationships and marriage is having an impact on the divorce rate in America. Many of these reports note that the younger generation among us - so-called "millennials" - are waiting longer to get married, are staying in devoted dating relationships longer before getting married and, in general, are more financially secure prior to getting married than older generations might have been. The result? The overall divorce rate in America is declining, with one recent report noting that the divorce rate in our country is at its lowest point in the last 40 years.

However, there is a difference in the divorce rate when it comes to older Americans. Our readers may have heard the term "gray divorce," and it is a real phenomenon. Among older Americans - those age 55 and above - the divorce rate is actually rising quite a bit, even doubling, according to some reports.

Don't Fight Alone

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