How will my Divorce Affect my Adult Children?

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  • Two Good Reasons Why Collaborative Divorce Just Makes Sense

    When two people decide to get divorced, there can be tension, fear, and even serious anxiety about what will happen next. Divorce lawyers in Orlando and surrounding areas are fortunate to practice in a state that has set the standard for a new way to divorce – the collaborative divorce. This process creates a team approach to marital dissolution that was previously not available. It is a process where lawyers, counselors and psychologists, and even financial advisors all come together to help a divorcing couple achieve their goals without the need for court involvement. While some benefits may be immediately obvious, there are two very big reasons why a collaborative divorce might really make sense for you. Reasons Why Americans Divorce First, consider why most…

  • Collaborative Divorce: Achieving your goals without hostility

    Collaborative divorce has been increasing in popularity, and for good reason; it helps you achieve resolution in a less draining manner. While collaborative divorce can be a great help to reaching accord, both spouses still must work hard with the assistance of their lawyers. Time and Usefulness While collaborative divorce may very well be less time-consuming than standard courtroom proceedings, it will not be easy. It is not uncommon for people to believe that collaborative divorce will somehow be a walk in the park, when in reality, it is still divorce. Disengaging two people’s lives is always going to take time and effort unless the marriage has been very brief. However, the built-in benefit of collaborative divorce is that both spouses have access to a…

  • What Happens to Alimony Under the Recent Federal Tax Reform Law?

    When the word divorce enters a spouse’s mind, and certainly by the time the concept is spoken aloud, fears  about the myriad of issues can be overwhelming.  . Finances are certainly of great concern, as a person’s standard of living is bound to be impacted by severing the marriage. One feature of divorce designed to provide some financial assistance, though sometimes temporarily, is alimony. Alimony, or spousal support, is one matter particularly prone to produce disagreement, since most spouses asked to pay this obligation are quite reluctant, if not overtly hostile. While the media tends to depict spouses asking for alimony as greedy and shallow, most really need the support to avoid dire straits as they seek to find adequate employment. Recent changes to the…

  • The IRS Marriage Penalty

    When two people get married, it impacts every aspect of their lives.  This includes taxes and their tax filing status.  Filing married, even separately, may result in a very different tax liability than filing as a single person.  Your choice of filing status can cost you money. Different Brackets The tax brackets for married and single people are markedly different.  It is not uncommon for couples to wind up paying less in taxes than they might have if they were both single. Not all couples pay less – many wind up paying more.  It depends primarily on total income and how much it deviates from the average.  The steepest penalties tend to fall on married couples who are either very poor or very rich –…

  • Specific Family Law Issues that Same Sex Parents Face

    As of 2015, same sex couples can legally marry in Florida.  Although this was a critical civil rights milestone, it does not mean that all issues same sex parents face were resolved.  In 2016, the Florida Department of Health began to allow both parents in same sex couples to list their names on their newborns’ birth certificates, and even then, many couples had to list themselves as “mother” and “father.”  Birth certificates with inclusive language were not available until July. Although your gender should not impact how your rights and interests are treated in court, you can potentially face certain legal issues that affect heterosexual parents far less frequently.  If you are a parent in a same sex marriage or unmarried relationship, discuss any issues…

  • 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…