Creating an Effective Parenting Plan During your Collaborative Divorce

Parenting Plan

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  • Calculating a Spouse’s Interest in Premarital Assets After Years of Marriage

    When a married couple decides to file for divorce in Florida, they should be prepared for the division of marital property. Under Florida law (Fla. Stat. § 61.075), marital property is divided in Florida according to a theory known as equitable distribution. When property is distributed equitably, it is distributed (or divided) in a manner that is fair to both parties but is not necessarily equal. In many cases, the court might decide that equal distribution would be fair or equitable, but sometimes that is not the case. Marital property that is subject to division includes both marital assets and liabilities, meaning that property of value as well as debts from the marriage are distributed between the parties. Property distribution in general can be quite…

  • The Rights of Unmarried Couples in Florida

    Many couples eventually decide to marry at some point in their relationship, especially including now same-sex couples who may now marry nationwide. However, some couples decide not to legally marry, for a variety of reasons. Unmarried couples still have very limited legal rights in Florida. The exception concerns unmarried couples and their children; the law provides many protections in that area. Property Rights The property rights of married spouses are codified in law, and they may also be specified in other documents such as prenuptial agreements. Couples who are not married, but cohabitate, do not have statutory rights to each other’s property, therefore it is a good idea to draw up a property agreement with the help of an lawyer. The longer you live together,…

  • Can I Legally Read my Spouse’s Email During the Divorce Process?

    No. This is an invasion of privacy. In fact, you cannot read your spouse’s emails, text messages, or other correspondences without his or her consent at any time. If a correspondence is protected by a password or it is conducted using a device owned by an individual’s employer, you cannot search through it without your spouse’s consent. Even when a device like a cell phone or a laptop is shared property or uses a shared data plan, accessing your spouse’s private accounts may be deemed to be an invasion of his or her privacy. When you are going through a divorce, you might feel tempted to search through your spouse’s accounts. This could be to find evidence to show the court that he or she…

  • Why Should I Write a Postnuptial Agreement?

    Do not be afraid of the idea of signing a postnuptial agreement. A postnuptial agreement, like a prenuptial agreement, is a document that outlines how a couple’s assets are to be divided in the event of their divorce or one party’s death. It can also clarify how assets are to be used, acquired, and designated during the marriage. Although it can be easy to think that signing such an agreement is admitting that you do not have faith in your marriage, this cannot be further from the truth. Instead, think of this type of document like you think of your automobile insurance: you do not want to get into a situation where you have to use it, but if you do find yourself in one,…

  • Is a “Collaborative Divorce” Really Possible?

    In reality, a collaborative divorce without fighting or litigation is completely possible for many divorcing couples. With hard work and determination, most couples can come to workable agreements without the need for extended and costly fighting in court. This does, however, require careful planning and competent legal advice from an experienced divorce lawyer. Nevertheless, there are a few key considerations before seeking a collaborative divorce. The Florida Bar and other resources offer important information to know when pursuing a divorce; however, this does not replace the necessity of obtaining the services of a skilled lawyer. Will A Collaborative Divorce Mean I Don’t Have To Fight Over Things? Not necessarily. In fact, many people are completely misinformed about how a collaborative divorce actually works. First of…

  • The Fight Over Fido — Who Gets to Keep the Family Pets in a Divorce?

    We’ve all heard the joke that says, “We’re staying together for the sake of the dog”.  But in reality, many couples do end up facing a divorce, and in addition to all the other painful decisions about who gets what, pets become part of that dilemma. Although many of us love our pets as if they are children, when it comes to divorce, the State of Florida regards pets as property –no differently than living room furniture.  Changes in our society have resulted in changes in our households, and as a whole, couples are having fewer children than they did decades ago.  With that, more couples than ever view their pets as children.  With sixty-five percent of all American households being home to a pet,…