Divorce

  • Social Media and Your Divorce

    ByGoodblatt • Leo Hours Categories Divorce

    Deciding to divorce and moving forward with it is painful, especially if you feel you are the wronged party.  Having your family and friends as a support system is important.  But, social media isn’t the place for that support.  Those rants about your spouse and sarcastic comments could negatively impact the outcome of your case. Consider the following at the beginning and during your divorce: Change your passwords. Sure, it’s a hassle to change the password on all of your accounts (bank, online, social media, etc.) and devices.  Use a strong password (a combination of upper and lower case letters, numbers and special characters).  Don’t assume that your spouse doesn’t know your passwords, rather assume that they do and secure the information in those accounts…

  • How Do I Prepare for Mediation in My Divorce?

    ByGoodblatt • Leo Hours Categories Divorce, Mediation

    Most counties in Florida require divorce cases to go to mediation before the matter is tried.  The hope is that all, or at least some, of the issues will be resolved at mediation without Court intervention. So, how do I prepare for mediation? Work with your attorney to prepare for mediation. Schedule a time to meet with your attorney to discuss what you can expect at mediation.  Prepare a game plan, i.e. give thought to what issues you are willing to compromise on and what issues are non-negotiable.  Because you will be negotiating a settlement, try to keep the list of issues that are non-negotiable to a minimum.  Don’t stand firm on an issue just to oppose your spouse.  For example, both you and your…

  • What Kind of Mediator is the Best Fit for Your Divorce?

    ByGoodblatt • Leo Hours Categories Divorce, Mediation

    When you divorce through mediation, you choose to work with a neutral third party to reach an appropriate divorce settlement through a series of guided, productive discussions with your spouse. Not all mediators approach these discussions the same way; some are far more “hands on” than others. Whether you and your spouse would benefit from a more hands-on mediator or one who takes a more passive role depends on your personalities and how much guidance you need to make productive decisions about your divorce settlement. The Active/Passive Scale Mediators are gauged according to where they fall on the active/passive scale. More active mediators take deliberate steps to facilitate specific settlements, whereas more passive mediators are primarily messengers, leaving the bulk of the work toward a…

  • Classifying Marital and Nonmarital Property

    ByGoodblatt • Leo Hours Categories Division of Assets, Divorce

    When a married couple gets divorced in the Orlando area, part of the divorce process involves property division or property distribution. This is a process in which the court divides marital assets and liabilities according to a theory known as equitable distribution. When property is distributed equitably, it is divided between the parties in a manner that is fair to both of them based on a variety of factors outlined in the Florida Statutes (Fla. Stat. § 61.075). While the equitable distribution usually means that property is divided equally between the parties, it is important to recognize that equitable does not mean equal. But how do Florida courts even determine what property is subject to distribution? Unless the parties agree to a property settlement, the…

  • Can an Out of State Domestic Violence Order Affect My Florida Parental Rights?

    ByGoodblatt • Leo Hours Categories Divorce, Domestic Violence, Family Law, Parenting Plans, Timesharing

    Any presence of domestic violence in your life, whether it is an isolated incident that occurred in your past, a restraining order, or a criminal charge, can affect your parental rights in Florida. It does not matter if your charge or restraining order is from another state. Although Florida typically creates timesharing arrangements that provide both parents with parenting time, yours could be curtailed if the court feels your child’s safety is at risk with you. The Court Always Looks as What is in the Child’s Best Interest When the court determines a parenting plan, it considers a long list of factors about the child’s needs and the parents’ lifestyle to determine the parenting plan that best suits the child’s best interest. These factors include:…

  • Do I Still Have to Pay Alimony if I File for Bankruptcy?

    ByGoodblatt • Leo Hours Categories Alimony, Bankruptcy, Divorce

    If you have an alimony order, you are familiar with the financial pressure it can put on you each month, especially when you are also dealing with personal debt. Though it can be tempting to just ignore your alimony order or pay less than you are required to pay, do not give into this temptation. When you have an alimony order in place, you are legally required to make your payments. Filing for bankruptcy will not terminate your alimony order. Understanding What the Automatic Stay Stops and Does Not Stop When you file for bankruptcy, the automatic stay goes into effect. This is an automatic order that stops all creditors’ collection attempts, basically pausing your responsibility to repay your debts. However, it does not stop…

  • How Does a Divorce Settlement Affect a Chapter 13 Bankruptcy?

    ByGoodblatt • Leo Hours Categories Bankruptcy, Divorce

    There are many ways your divorce settlement can affect your Chapter 13 bankruptcy and vice versa.  Completing Chapter 13 bankruptcy is a lengthy process, typically taking three to five years to complete. During this time, many aspects of your life may change, including a possibility of divorce. If you are working through Chapter 13 and considering divorce, or if you are going through a divorce proceeding and are considering filing for bankruptcy, talk to your bankruptcy lawyer about the specific ways you can expect the divorce to affect your bankruptcy. Below are a few general ways bankruptcy intersects with divorce when one spouse files for Chapter 13 bankruptcy on his or her own. The Divorce Court Cannot Divide Assets in the Bankruptcy Estate When you…

  • Do I Need a Parenting Plan?

    ByGoodblatt • Leo Hours Categories Divorce, Family Law, Timesharing

    The divorce process in Florida can be complicated and frustrating, especially when there are minor children from the marriage, but it can be easier and less contentious with the help of a family lawyer who has experience with collaborative divorce. Many couples in Orlando who are just beginning the divorce process have friends and family members who have gone through a divorce, and as such they have some basic knowledge about issues that can arise involving child custody, parenting, and time-sharing. One question that parents who are planning to file for divorce is whether they need to have a parenting plan, and if so, how they go about developing a Parenting Plan. Generally speaking, most parents in the state of Florida will need to have…

  • Collaborative Divorce and Its Benefits

    ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce

    For families in Orlando who are considering divorce but have concerns about the contentious aspects of a traditional divorce process, you should consider collaborative divorce and its many benefits. As you may know, the state of Florida recently enacted a collaborative law process, which is defined under Fla. Stat. § 61.56 as “a process intended to resolve a collaborative matter without intervention by a tribunal and in which persons sign a collaborative law participation agreement and are represented by collaborative attorneys.” The law recognizes that collaborative law may be useful in many different legal situations, but it often arises when it comes to divorce and child custody matters. There are many different benefits of collaborative divorce for families. For example, collaborative divorce allows families to…

  • Why Is My Divorce Taking So Long?

    ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce

    When you are in the early stages of your divorce, it might feel as though the divorce process is taking a long time. Many Florida residents who file for divorce want to get through the process quickly, and they want to have their cases settled. However, there are many different issues to deal with in every divorce, and some divorces can take longer than others. Moreover, contested divorces require substantially more time than uncontested divorces.  Understanding the Discovery Process  Discovery is a legal term to describe the procedure that happens before a trial in which both parties obtain information from the other side. When you are dealing with a contested divorce, the discovery process might involve both sides seeking financial information through interrogatories (written questions)…