Collaborative Divorce: Achieving your goals without hostility

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  • Can my Child Choose His or Her Own Custody Arrangement?

    For divorcing parents, timesharing is typically one of the biggest issues to work out in their divorce. In Florida, the term “timesharing” refers to the court-ordered arrangement of when the child is with each parent and has essentially  replaced the term “visitation”. In cases which involve minor children, a Parenting Plan must be created, which dictates how the parents will spend time with the child(ren) and other details involving the child(ren) which are specific to the family.  The Court must approve the Parenting Plan, and will most likely do so as long as it is in the child’s best interest. The Parenting Plan becomes part of the Final Judgment entered by the Court in a divorce or paternity case. To reach this determination, the court…

  • The Point of Establishing Paternity

    All parents have an obligation to financially support their children, regardless of the relationship status with the other parent. When parents are married or living together, this support comes as a natural part of caring for members of the same household. But when divorce or separation occurs, financial assistance that was once a given may become a dispute. Only individuals considered to be a child’s legal parents have this financial obligation. For women who give birth, outside of surrogacy, establishing parentage is quite simple and automatic, but for men, the process of becoming a child’s legal father can be more complicated, and requires paternity be established. Married men are automatically presumed to be a child’s father, and the rights and obligations of this designation descend…

  • The Collaborative Process Controls the Costs of Divorce

    Divorce brings up a lot of emotional and financial concerns as each spouse figures out how to move on from the marriage. Finances are a particular worry for many couples because, coupled with the necessary adjustments caused by losing income, there is the additional issue of how to pay for the cost of the divorce process itself. This concern can push some spouses to consider handling their own divorce case, but this choice could easily lead to years of post-divorce litigation, as one party learns over time the final settlement was unfair or inadequate under the circumstances. Traditional litigation is the option most people associate with divorce, and this route can lead to high legal bills depending upon the number of contested issues in a…

  • Will Bankruptcy Help With Divorce Obligations?

    Sometimes, a divorce can trigger a financial crisis for one or both parties involved.  Adding divorce-related financial obligations like alimony or child support can cause significant problems, which may even lead to bankruptcy.  It is perhaps natural to wonder if filing for bankruptcy will eliminate any of these obligations. Support Obligations The U.S. Bankruptcy Code allows individual debtors to file under either Chapter 7 or Chapter 13 protection, depending on their income level and the nature of their debts.  Regardless of which chapter you file under, however, the Code is clear: support obligations are not dischargeable in bankruptcy.  Support obligations, by the Code’s definition, include nearly every expense associated with them: alimony, child support and lawyer fees, connected with alimony and child support. The rationale…

  • Professionals you Might Meet During your Collaborative Divorce

    Many couples who choose collaborative divorce choose it because it can be less stressful and more satisfying than divorcing through litigation. A collaborative divorce is completed through a series of meetings between the couple, Financial and Mental Health neutrals and their respective lawyers, during which they create agreements about issues like timesharing, spousal maintenance, and the division of their property.  To reach these agreements, outside professionals may be brought in to make recommendations. A Mental Health Neutral A psychologist will be part of your collaborative divorce by working with you, your spouse, and your children to determine the time sharing arrangement that best serves your children’s best interests.   He or she will help you create a Parenting Plan (if you have children) or simply help…

  • Florida Supreme Court Upholds Prenuptial Agreement Waiving Spouse’s Interest in Nonmarital Property

    In a recent appeal to the State Supreme Court, the Court found that broad prenuptial language waiving a spouse’s right to any claims against the other spouse’s nonmarital property, even accrued interest or increases in value of that property, are waived. To understand a little better, one must look at how Florida law divides property in a divorce. Equitable Distribution When two people get divorced in Florida, the courts will divide all marital property “equitably,” meaning the court decides what is fair under the circumstances. This gives the court a lot of wiggle room in deciding who gets what, so to speak. However, the court generally will not divide nonmarital property. Nonmarital Property Nonmarital property constitutes the assets the parties own separately acquired from a…