Remember to Take Care of yourself During and After your Divorce

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    Forming an important and lasting bond with a child through direct involvement with the child’s daily life is not limited to the child’s legally-recognized parents. This influence may be exerted by any present and caring adult, and in the context of same-sex relationships, is not an uncommon arrangement. While many same-sex couples are now more aware of the legal pitfalls of failing to formalize parentage for the non-biological partner, a significant number are still in a legal no-man’s-land if the relationship ends and the biological parents decide to cut off access to the child. The child custody rights of parents in same-sex relationships is an area of the law that is still developing, and thus, predicting the likely outcome of a particular case is difficult….

  • 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…

  • 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…

  • Asset Division: Deciding Who Gets What

    By far the most complex part of any divorce is usually asset division. While Florida is an equitable distribution state, which means that the couple’s assets will be divided according to fairness rather than a strict 50-50 split, it can be difficult even within the equitable framework to decide who gets what, and which asset may offset the value of another. There is no set formula, but there are some rules of thumb. Starting From Equal Unlike many other states, Florida law on asset division starts from a somewhat unique place. While the state uses equitable distribution theory, Sec. 61.075 states that a court’s division of assets will begin from the premise that “distribution should be equal, unless there is a justification” for altering it….

  • How Can I Save Money on my Divorce?

    If you are considering filing for divorce, you have a lot to think about.  You need to find a competent lawyer that you trust to handle your case, you need to file the necessary documents with the court correctly, you need to interact with your lawyer, the court, and your spouse regarding emotionally-charged topics on a seemingly continuous basis, and you need to make plans for life after the divorce, such as finding a new place to live. To add to these stresses, you need to think about how you will afford your divorce. Talk to your lawyer about ways you can make your divorce less expensive.  Your divorce should not bankrupt you.  Although certain costs may be unavoidable, there could be money-saving options available…

  • Determining if You Need Permission to Relocate

    Moving to a new place frequently brings the conflicting emotions of stress and excitement that reflect the complex reality of transitioning to a new life stage. Relocating when parents share child custody is quite a bit more complicated, and may require court intervention if procedures are not followed or disputes arise. Parents understandably want to live as close as possible to their children if custody is shared, both to facilitate the exercise of parenting time, and to make the logistics of child exchange easier. People seem to be moving, and moving great distances, with greater frequency as the past limitations of location and communication are overcome by modern technology. However, Florida has a strong preference for promoting healthy relationships and frequent contact with both parents,…