No Matter How Embarrassing it can Be, you Have to be Honest with your Family Lawyer

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  • How Do I Prepare for Mediation in My Divorce?

    Most counties in Florida require divorce cases to go to mediation before the matter is tried.  The hope is that all, or at least some, of the issues will be resolved at mediation without Court intervention. So, how do I prepare for mediation? Work with your attorney to prepare for mediation. Schedule a time to meet with your attorney to discuss what you can expect at mediation.  Prepare a game plan, i.e. give thought to what issues you are willing to compromise on and what issues are non-negotiable.  Because you will be negotiating a settlement, try to keep the list of issues that are non-negotiable to a minimum.  Don’t stand firm on an issue just to oppose your spouse.  For example, both you and your…

  • 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…

  • Make your Teen’s Transition to College Painless as a Divorced Parent

    Although your son or daughter is no longer a child, you are not finished being his or her parent. After your divorce, you learned how to co-parent effectively.  Now, as your child finishes high school and moves on to college, you and your former spouse have new challenges to face. Issues to Work Out If your child headed off to college in the fall, make it a point to talk to your former partner about it. There are multiple issues you should have a game plan to address such as: Who will take your child to campus on move-in day and how will holidays be shared; Who will pick your child up at the end of the semester; How you will handle costs that arise…

  • 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…

  • 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…

  • Do I Still Have to Pay Alimony if I File for Bankruptcy?

    If you have an alimony order, you are familiar with the financial pressure it can put on you each month, especially when you are also dealing with personal debt. Though it can be tempting to just ignore your alimony order or pay less than you are required to pay, do not give into this temptation. When you have an alimony order in place, you are legally required to make your payments. Filing for bankruptcy will not terminate your alimony order. Understanding What the Automatic Stay Stops and Does Not Stop When you file for bankruptcy, the automatic stay goes into effect. This is an automatic order that stops all creditors’ collection attempts, basically pausing your responsibility to repay your debts. However, it does not stop…