Issues to Discuss During your Divorce Mediation Sessions

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  • Diffusing Negative Comments That Your Ex Tells Your Child

    Many individuals realize this sad truth: divorce is brutal. Children are always hurt. There is no easy answer to entirely shield a child from divorce. However, some things hurt worse than others. For a child going through the break-up of his or her family, it is like watching a fairy tale without a happy ending. Divorce lawyers see this quite often. Many clients here in Orlando have reported that the hardest part of life after a divorce is hearing their children repeat vicious lies or negative comments that the other spouse has said about them. This can make a person want to retaliate and say even nastier things about the other spouse. However, this does nothing to diffuse the situation and help the child move…

  • When Divorce is On the Table, Consider Strategies to Save your Marriage

    Sometimes, couples in difficult marriages try to ignore their problems because they feel that acknowledging them means they are headed for divorce. However, refusing to acknowledge the difficulties in your marriage can lead to divorce because it allows these problems to escalate and weigh on your relationship with your spouse, sometimes to the point where you cannot save the marriage. When you feel unhappy in your marriage, you should talk to your spouse about getting help. You are a team and if you want to save your marriage from divorce, you need to work together. Marriage Counseling Can Help you Work Through your Problems Marriage counseling can be a useful tool for couples who cannot effectively recognize and manage the difficulties in their marriages on…

  • What is a Guardian Ad Litem and Do I Need One in My Case?

    In a divorce, modification, or paternity case where the issues concerning a child are highly contested, a Guardian Ad Litem (“GAL”) may be appointed by the Court. The GAL is a neutral person appointed by the Court to represent your child’s best interests. The GAL also assists in investigating allegations and making recommendations to the Court as to what is best for the child. The GAL will meet with both parties and the child as many times as deemed necessary. The GAL will talk to any witnesses you and the other party want them to.  He/she will review any documents provided or that they obtain, i.e. police reports, medical records, Court documents, school records, etc. The GAL will also assist in trying to resolve problems arising between the parties…

  • When Relationships Go Bankrupt, the Obligations Do Not

    Few things are as certain in life as the reality that divorces are not only emotionally draining, but financially exhausting as well. Similarly, few couples make it through a divorce without some financial hardships. Even if just a minor reduction in credit score or the loss of equity in a vehicle, divorce hurts the wallet. For this reason, it is no surprise that many divorcees ask their divorce lawyers how they might use bankruptcy to either reduce or eliminate support obligations. Ultimately, however, this is not possible. Under the U.S. Bankruptcy Code (11 U.S.C. 523(a)(5) and 11 U.S.C. 101(14A)), “domestic obligations” cannot be discharged in a bankruptcy. Of course, this makes sense. If you were not getting divorced, to the extent you are able, you…

  • 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…

  • Eliminating Divorce Obligations through Bankruptcy

    Bankruptcy is a tool used by many to reduce debts that they cannot reduce on their own. Individuals struggling with personal debt can use Chapter 7 or Chapter 13 bankruptcy to discharge their debts. If you are considering filing for divorce, you might be worried about the costs involved with the divorce process and the debt you might face when the process is complete. Discuss your concerns with your lawyer to get a better sense of what you can expect from your specific case. Bankruptcy and the Automatic Stay When you file for bankruptcy, an automatic stay is enacted. This is a court order to your creditors to cease all collection attempts until the bankruptcy is finalized. Having an automatic stay in place to stop…