Understanding Divorce Mediation in Orlando

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  • Collaborative Divorce and Its Benefits

    For families in Orlando who are considering divorce but have concerns about the contentious aspects of a traditional divorce process, you should consider collaborative divorce and its many benefits. As you may know, the state of Florida recently enacted a collaborative law process, which is defined under Fla. Stat. § 61.56 as “a process intended to resolve a collaborative matter without intervention by a tribunal and in which persons sign a collaborative law participation agreement and are represented by collaborative attorneys.” The law recognizes that collaborative law may be useful in many different legal situations, but it often arises when it comes to divorce and child custody matters. There are many different benefits of collaborative divorce for families. For example, collaborative divorce allows families to…

  • Classifying Marital and Nonmarital Property

    When a married couple gets divorced in the Orlando area, part of the divorce process involves property division or property distribution. This is a process in which the court divides marital assets and liabilities according to a theory known as equitable distribution. When property is distributed equitably, it is divided between the parties in a manner that is fair to both of them based on a variety of factors outlined in the Florida Statutes (Fla. Stat. § 61.075). While the equitable distribution usually means that property is divided equally between the parties, it is important to recognize that equitable does not mean equal. But how do Florida courts even determine what property is subject to distribution? Unless the parties agree to a property settlement, 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…

  • Collaborative Divorce: Achieving your goals without hostility

    Collaborative divorce has been increasing in popularity, and for good reason; it helps you achieve resolution in a less draining manner. While collaborative divorce can be a great help to reaching accord, both spouses still must work hard with the assistance of their lawyers. Time and Usefulness While collaborative divorce may very well be less time-consuming than standard courtroom proceedings, it will not be easy. It is not uncommon for people to believe that collaborative divorce will somehow be a walk in the park, when in reality, it is still divorce. Disengaging two people’s lives is always going to take time and effort unless the marriage has been very brief. However, the built-in benefit of collaborative divorce is that both spouses have access to a…

  • Can my Child Choose His or Her Own Custody Arrangement?

    For divorcing parents, timesharing is typically one of the biggest issues to work out in their divorce. In Florida, the term “timesharing” refers to the court-ordered arrangement of when the child is with each parent and has essentially  replaced the term “visitation”. In cases which involve minor children, a Parenting Plan must be created, which dictates how the parents will spend time with the child(ren) and other details involving the child(ren) which are specific to the family.  The Court must approve the Parenting Plan, and will most likely do so as long as it is in the child’s best interest. The Parenting Plan becomes part of the Final Judgment entered by the Court in a divorce or paternity case. To reach this determination, the court…

  • Do I Need a Parenting Plan?

    The divorce process in Florida can be complicated and frustrating, especially when there are minor children from the marriage, but it can be easier and less contentious with the help of a family lawyer who has experience with collaborative divorce. Many couples in Orlando who are just beginning the divorce process have friends and family members who have gone through a divorce, and as such they have some basic knowledge about issues that can arise involving child custody, parenting, and time-sharing. One question that parents who are planning to file for divorce is whether they need to have a parenting plan, and if so, how they go about developing a Parenting Plan. Generally speaking, most parents in the state of Florida will need to have…