Neutralizing Feuds Through a New Approach to Divorce

Divorce Agreement

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    In a previous blog post, we talked about how important it is for you to be honest with your bankruptcy lawyer, even if that means discussing personal, potentially embarrassing information. This advice is valid for any interaction with a lawyer, no matter what type of legal issue you are facing. Family law can be an emotional minefield, especially when you are going through a divorce or developing a time sharing agreement for your children. It can be easy to let your emotions color your perception, but you cannot let them cause you to lie or misrepresent the facts of your case to your lawyer. Dishonesty Can Backfire and Hurt you Your former spouse has a lawyer too, and if you lie about any of the…

  • 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…

  • Shades of Gray: When it’s Time to Walk Away

    A couple years ago, National Public Radio (NPR) did a revealing report on a trend known as gray divorce. This is what people are calling divorces that happen late in life. As the report illustrated divorce rates among seniors have doubled in the last 20 years. Research between 1990 and 2010 shows that the same generation that changed all the rules in the 60s is now changing all the rules again. In 2010 alone, one out of four divorces involved a couple over 50 years of age. Here in Florida, a state with a large number of retired seniors, this has become a clear departure from the past. Increasingly, seniors who previously would have been seeking estate-planning advice are now talking to their Florida divorce…

  • 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…

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

    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…

  • Who Gets to Claim your Child as a Dependent for Tax Purposes in your Divorce?

    With the tax filing deadline rapidly approaching, it is important to have all your documents in order far ahead of April 15. It is also important to determine details like whether you will file singly or as a married couple – if you divorced during the past year, you can choose either. If you are a recently-divorced parent, you may be wondering whether you can claim your child as a dependent on your tax return this year. If your divorce settlement states which parent may claim your child on future tax returns, you have your answer. But if it does not contain this provision, you will need to determine whether you, your former partner, or you both can claim your child as a dependent this…