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

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  • Using the Collaborative Process to Create Prenuptial Agreement

    Couples do not generally get married anticipating divorce, but this possibility is still present, and could justify the creation of a prenuptial agreement. Prenuptial agreements outline which assets a spouse would be entitled to keep or receive, the liabilities each side would agree to assume, and the payment of alimony. While negotiating the terms of these arrangements do not typically have the level of contention seen with a divorce settlement, it can still present opportunity for dispute, especially if one party is against separating finances. Traditionally, prenuptial agreements are negotiated between the attorneys retained by each prospective spouse, with little involvement between the couple. An alternative to this approach that requires a more hands-on commitment to forming an agreement is the collaborative process. This non-adversarial…

  • Will Bankruptcy Help With Divorce Obligations?

    Sometimes, a divorce can trigger a financial crisis for one or both parties involved.  Adding divorce-related financial obligations like alimony or child support can cause significant problems, which may even lead to bankruptcy.  It is perhaps natural to wonder if filing for bankruptcy will eliminate any of these obligations. Support Obligations The U.S. Bankruptcy Code allows individual debtors to file under either Chapter 7 or Chapter 13 protection, depending on their income level and the nature of their debts.  Regardless of which chapter you file under, however, the Code is clear: support obligations are not dischargeable in bankruptcy.  Support obligations, by the Code’s definition, include nearly every expense associated with them: alimony, child support and lawyer fees, connected with alimony and child support. The rationale…

  • Can the State Harass Me Over Child Support After a Chapter 13 Bankruptcy?

    When you file for bankruptcy, the automatic stay goes into effect. This is a stop on all debt collection attempts from your creditors. It is meant to give you some “breathing room” as you work through the bankruptcy process. There are two notable exceptions to this stop: collection attempts for child support and collection attempts for alimony. If you are delinquent in your payment of either of these orders, the state is authorized to take actions to collect the money you owe. These actions can include wage garnishment and seizure of your tax return or lottery winnings.  It is Not Harassment; It is the State Ensuring your Children are Supported The reason why the automatic stay does not halt child support and alimony payments is…

  • What is a Florida No-fault Divorce?

    State law controls the rules for filing a divorce action. As such, the rules vary from state to state. In Orlando, you will be subject to the same basic rules as people getting divorced in Miami, Tampa, or any other part of Florida. Some states require that someone be “at fault” for creating the breakdown of the marriage. Other states require the same at-fault conduct, but they slightly modify the process by allowing the parties to agree that there is fault. Those states usually include a ground for divorce called “irreconcilable differences.” Other states, however, are purely “no-fault.” This means it does not matter who is at fault; people can divorce for any reason. Florida is a so-called no-fault divorce state. Requirements of a no-fault…

  • 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…

  • Divorce and Taxes: What you Should Know this Tax Season

    As Americans prepare for tax time, all the usual questions begin to mount. Should we file jointly or individually? Do I need to itemize? Can I claim that deduction? But for some Americans, the questions get even more complicated. Divorcing couples also have to think about a host of added concerns. When speaking with your divorce lawyer, here are just a few things you should know, especially if you have recently gotten divorced in 2015 or are in the middle of a divorce that you anticipate will be finalized in 2016. Should you file jointly? First, you must consider whether you can file jointly. According to the IRS, you may only file as married filing jointly if you were still legally married as of December…