Divorce: What Do We Tell the Children?

Children and Divorce Lawyers

Telling the children about the divorce is often cited as the most dreaded part of the divorce process by parents.  In fact, 75 % of parents spend 10 minutes or less telling the children about the divorce.  Before you tell your children about the divorce, consider spending some time making a game plan with your spouse.

At Eric C. Cheshire, P.A., we recognize there are no easy answers when it comes to telling your children about the divorce. However, we do offer the suggestions provided below, as well as those in the previous blog post, for your consideration as you contemplate how you will tell your children about the divorce. read more

Taxes and Divorce: When Do You File Alone?

Picture of woman calculating taxesFiling taxes can be a daunting task. In the United States, there are currently five filing options. These options include:

  • Single;
  • Married filing jointly;
  • Married filing separately;
  • Head of household; and
  • Qualifying widow(er) with dependent child.

Determining which filing status to use depends on many different factors. First, your marital status on the last day of December dictates your marital status for tax purposes for the entire year. If your divorce was finalized on or before December 31, then you cannot file jointly.

Consequently, if your divorce is not final, you may choose to file:

  • Married filing jointly
  • Married filing separately
  • Single under certain circumstances

According to U.S. Code § 7703 (a) (2), if you are legally separated from your spouse “under a decree of divorce or of separate maintenance” you are not considered married and may file as single.  However, do not presume you are “legally separated” because you are living apart and a divorce is in the works. read more

Child Custody / Time-Sharing and Summer Break

Time-Sharing and Summer BreakSummer is right around the corner. For those who have children, this can mean a change in routine.  It is not too soon to start preparing for this change.  You may have different daycare arrangements.  There may be vacations planned.  Perhaps you are interested in sending the kids to camp.  Whatever your summer holds, we at Eric C. Cheshire, P.A. believe taking the steps outlined below ensure you will have fewer conflicts with your former spouse as the summer months arrive.

Consult Your Divorce Decree

As a first step, consult your divorce decree.  It is likely the issue of child custody/parental responsibility or time-sharing during the summer months has already been addressed.  Just because you don’t presently recall such an agreement does not mean your attorney overlooked it.  What to do with the children in the summer months is a common enough issue that is unlikely to have been omitted. read more

Taxes and Divorce

Taxes and DivorceAs April 17, 2018 inches ever closer, you may find yourself directing your attention towards your taxes.  If you have divorced recently, you may have new tax questions this year.  At Eric C. Cheshire, P.A., we understand how the first tax filing after divorce can feel overwhelming.  Here’s a starting point for tackling this year’s taxes.

Know Your Filing Status

The Internal Revenue Service (IRS) has a bright line rule about marital status.  If you were divorced before midnight on December 31 of 2017, you will file separately.  Of course, if you are the custodial parent, you may qualify for head of household status.  However, even if you were married for 363 days in 2017, your completed divorce at the end of December takes you out of the “married” filing status. read more

Divorce: What Do We Tell the Children?

 Children and Divorce LawyersIn an astonishing study, 75 % of the study participants reported spending 10 minutes or less telling their children about divorce and the changes that will occur as a result of the divorce. Obviously, this does not reflect an adequate amount of time discussing enormous life changes as a family. Parents are naturally averse to discussing divorce with their children, after having spent weeks, months, or even years discussing the divorce among themselves. However, without providing children with sufficient information and a solid foundation, they often end up feeling lost and alone as the divorce progresses – sometimes for years to come. read more

Parental Alienation Basics: What You Need to Know

Parental Alienation“Parental Alienation” refers to a condition where a child strongly allies himself or herself with one parent, while simultaneously rejecting the other parent, without legitimate justification for doing so.  Often, parental alienation is encouraged by the “favored” parent to reject the “targeted” parent.  Children avoid conflict by complying with the alienating parent’s plan.  Not surprisingly, parental alienation causes incredible pain and hardship to thousands of families each year. read more

Your Divorce as a Business Owner

Divorce Lawyer

If you are a business owner and are getting a divorce in the state of Florida, it is likely you are wondering what will happen to your business.  The answer, as in most areas of the law, is, “it depends.”  In an ideal world, you and your spouse drew up a prenuptial agreement prior to marriage.  Also ideally, the business would be identified as non-marital property (and you complied with Florida laws about non-marital property during the course of the marriage to ensure it remained legally non-marital property).  Alternatively, (also an ideal situation), you and your spouse addressed the division of the business specifically in your prenuptial agreement.  However, in many cases, the ideal situation is not reflected in reality. read more

Why You Need To Know the Differences Between Contested and Uncontested Divorce

DivorceIn Florida, any couple that wants a divorce must file a petition for Dissolution of Marriage. If they can agree on all or most major issues, they may sign a Marital Settlement Agreement, that details how they have agreed on all the major issues in the divorce. If children are involved, they may also devise a Parenting Plan, which states the rights and obligations both parents have concerning issues involving shared parental responsibility, timesharing, child support, health insurance, extra-curricular activities, decision making authority and other applicable parenting issues. read more

Getting a Divorce? Time to Update Important Documents


Getting a divorce can be emotionally exhausting. Often, the last thing divorcing couples want to  deal with is the minutia that comes with updating legal documents. However, a failure to update these documents could result in your spouse getting your life insurance policy, or being in charge of your medical decisions.

In other cases, a failure to update your important documents may lead to considerable delay and future complications which could have been avoided.  Below are some essential documents that require review. Where appropriate, document modifications, reflecting your change in marital status, should occur. read more

Handling After School Activities as Divorced Parents

The first school semester your children attend after a divorce can present challenges, because the family dynamic has changed, and a new schedule has replaced your old routine.


Children may feel confused and anxious, wondering how you and your former spouse will handle after school activities, which is why it’s so important for you to implement specific strategies to help make this transition more seamless.

Obtain An After School Activity Schedule After Your Divorce

Obtain the activity schedule for the upcoming school year so that you and your former spouse can plan which events you can both attend, and which events conflict with work commitments. read more