High Asset Divorce: 5 Things You Need to Know

High Asset Divorce

At Eric C. Cheshire, P.A., we know how to approach a high asset divorce.  Here are just some of our top tips for you.

Take Your Time

Often, people getting a divorce seek to rush the process. This is rarely beneficial.  Particularly in a high asset divorce, taking your time is essential to a fair and equitable settlement.  Property must be valued, future earnings must be calculated, and debts must be assessed.  These things take time.

Carefully Account for All DebtsHigh Asset Divorce

One of the biggest mistakes made in high asset divorces is a failure to account for all debts.  It is in everyone’s best interests to avoid this mistake.  Debts must be identified so they can be included in the final divorce decree.  Failure to do so could result in an inequitable division of assets and debts. read more

Providing Age Appropriate Divorce Disclosure

Divorce Disclosure

When couples divorce, they spend a lot of time discussing how they might separate the marital property, how they will divide parenting time with the children, and who will have what legal rights and responsibilities to the children.  Many couples, however, are at a loss as to how to tell their children about the divorce.  Divorce Disclosure

Embracing an age appropriate strategy minimizes confusion.  While adults see a divorce as something with many moving parts, children crave concrete, child specific information.  Below are age appropriate disclosures at any age. read more

What Is An Annulment?

AnnulmentA divorce is a legal dissolution of a marriage, and often involves the division of assets and the resolution of other major issues based on the laws of the state where a couple filed for divorce.

But there is another legal action that also ends a marriage, known as an annulment. The major difference between a divorce and an annulment is that after a couple obtains an annulment, the law considers the marriage to have never taken place.

In other words, instead of dissolving a marriage, an annulment eliminates it altogether from public record.  read more

Tips On Filing For Divorce From a Domestic Abuser

Divorce From a Domestic Abuser

Domestic violence is defined as any violence between members of a family, whether or not those individuals are legally married.

For example, a boyfriend who regularly assaults his girlfriend, who he lives with, is committing domestic violence in the same way as a husband who abuses his wife.

Divorce From a Domestic AbuserAccording to the FBI, 66 percent of all marriages in the U.S. experience some type of domestic violence, 85 percent of domestic abuse victims are women, and women ages 25 to 34 are the most likely to suffer abuse at the hands of a partner. 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

Taxes and Divorce: When Do You File Alone

Taxes and Divorce Laws

Filing taxes can be a daunting task. In the United States, there are currently five filing options, as follows:

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

Determining which filing status to use, and whether to file jointly or separately, depends on a number of different factors. First and foremost, your marital status on the last day of December dictates your marital status for tax purposes for the entire year. Consequently, if your divorce is not final, you may choose to file joint tax returns, married filing separately, or, under certain circumstances, filing as a single person. read more

Can My Child Decide Custody (Parental Responsibility) and Time-sharing Schedules?

Child Custody Lawyer

The short answer to the question, “Can my child decide custody? Is “no”. Florida Legislature updated the term “custody” with the term “parental responsibility”, and the term “visitation” has been updated with the term “time-sharing”. With that said, the court may consider the wishes of the child, along with a host of other issues, when determining the parental responsibility and time-sharing schedule for you and your child.

Child Custody Lawyer

Parental responsibility and time-sharing determinations occur in a number of different ways.  Many divorcing couples agree to a Parenting Plan, which includes parental responsibility and time-sharing issues.  Some parents agree to a Parenting Plan early in the process.  Other couples may reach an agreement after working with their family law attorneys for the time that it takes to reach an agreement.   However, in some instances, the couple cannot reach an agreement on parenting issues.  In those situations, the Court will decide the parental responsibility and time-sharing schedules for parent and child, based on what is in the best interest of the child. read more

Preparing for a 2018 Divorce

Divorce LawyerIf you are considering a divorce, but are putting it off over the holidays, you are not alone.  While March holds the record for most divorces filed, divorce filings start to increase in January, and rise even more in February.  Many people believe this is due, in part, to an unwillingness to begin divorce proceedings before the holidays.  When planning for a divorce, there are several steps one can take in anticipation of meeting with a divorce lawyer.  This planning will make your first meeting go smoothly.  It can also reduce the cost of your divorce, as family law attorneys charge by the hour.  Every document you secure ahead of time reduces the amount of leg work your attorney will have to do later.  Here are some steps to take while preparing for a 2018 divorce. read more

How a Detailed Time-sharing Schedule Could Save Your Holiday Season

time-sharing

Time-sharing is one of the biggest challenges parents face after they divorce. Making sure children get equal time with their parents can go a long way toward easing some of the disruption that often occurs during a divorce.

Whether you’re in a situation with shared parental responsibility, or sole parental responsibility, the holiday time-sharing schedule may produce a potential for conflict during this time of year, if it is not detailed adequately within your parenting plan.

time-sharing

Parents naturally want their children to spend quality with them during the holiday season, and in that desire, they sometimes forget that equal time with both parents is most often in the best interests of the child. read more

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

Divorce

In 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