Obtaining separate residences during a divorce is not always an option. Sometimes, a married couple needs to wait until the house sells. Other times, they have to wait for changes to other financial challenges. Hopefully, the terms of the divorce are amicable enough to last another few months under the same roof. If you are considering living with your soon-to-be ex-spouse during a divorce, then this list will help you. We’ve included a few ground rules for living together while separated or divorcing for the potentially uncomfortable situation.
We Explain Your Possible Divorce Options in Florida
Divorce can be a stressful process. For many couples who decide to divorce, the future may seem uncertain and your options unclear. However, speaking with a divorce attorney beforehand can help provide some clarity. For instance, you could learn more about the different types of divorce in Florida. Depending on the circumstances surrounding your divorce, you may have a couple of options. Some couples may split on amicable terms while others contest each issue surrounding their divorce.
Below, our West Palm Beach divorce lawyer discusses the different types of divorce in Florida. Contact us if you have any questions about divorce in our state.
Our West Palm Beach Divorce Lawyer Answers Common Questions About Florida Time-Sharing
Some divorces are emotional and contentious, especially divorces that involve children. Parents may fight over child support and child custody. When parents cannot agree on a time-sharing plan, it may be necessary for a divorce court to have a role in creating the plan. The time-sharing schedule, or parenting plan, can be evenly split. However, courts may sometimes grant one parent more time with a child than the other parent.
In Florida, parents have shared responsibility raising the children unless not permitted by the circumstances. Florida courts take the child’s best interest into account when deciding on child time-sharing arrangements.
Our Florida Divorce Lawyer Explains
Divorce cases vary by length and cost. Some cases may resolve quickly while others may drag on for many months. How long a divorce takes depends on the circumstances. However, contested divorces generally take longer. This is because both parties involved can have major disagreements over the terms of the divorce. As a result, there may be more legal matters involved with the case.
Below, our Florida divorce lawyer discusses some of the most common reasons for increasing the time it takes to complete a divorce.
Florida Divorce Lawyer Explains the Costs of Filing for Divorce
Divorce lawyers receive a lot of questions about the divorce process. After all, divorce may seem like a daunting prospect for many couples who wish to permanently split. Perhaps the most common questions have to do with the cost and length of time it takes to get divorced.
Unfortunately, there is no universal way to answer questions about the cost of a divorce in Florida. Each case is different.
What Affects the Cost of Divorce in Florida?
There are many factors that can affect the cost of divorce in Florida. In many cases, a divorce is more likely to be expensive if there are disputes between the divorcees. Disputes could mean more time in court or in mediation. Below are some of the most common factors that affect the cost of a divorce.
Our West Palm Beach Divorce Lawyer Explains Motions for Temporary Relief
The spread of COVID-19 is responsible for putting millions of Americans in a difficult financial situation. More than 50 million people have filed for unemployment since the start of the pandemic earlier this year. For people going through a divorce in Florida, their financial situation may be especially precarious.
Issues surrounding child support or alimony may exacerbate financial problems, such as paying a mortgage, rent or insurance premium. Fortunately, there are ways to obtain a motion for temporary relief in Florida.
As more couples self-isolate to stop the spread of coronavirus, relationship experts expect an increase in divorces. When a relationship is already strained, prolonged periods of togetherness could result in explosive arguments and general trouble. For some, the time together might rekindle lost passion or help improve their marriage. However, for other couples, extensive time together could end in divorce. Seeking a divorce in Florida during a lockdown could be difficult, but not necessarily impossible.
Filing taxes can be a daunting task. In the United States, there are currently five filing options. These options include:
- 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.
Divorce is never easy. Dividing your assets and property can be stressful in even the best circumstances. During a divorce, property division often becomes a contentious issue. Who will get the marital home? How will the judge decide to divide your property? Is Florida a community property state?
What Is Community Property?
Community property states consider both spouses to co-own all marital assets and debts jointly. These states distribute marital property and debts in half. There are 10 community property states in the country. Florida is not a community property state. Florida follows the equitable distribution rule.
It’s an unfortunate truth that often times ‘money problems’ are cited as the leading cause or contributing factor to divorce. Considering this, it’s not unusual for a post-divorce bankruptcy (or two) to play a part of the life after divorce.
In dealing with bankruptcy concerns, child support becomes a critical factor for Florida law cases. If you find yourself facing this situation with your ex-spouse, you need to be informed about how bankruptcy affects child support payments.
Often, one party files for bankruptcy under the impression that any and all financial obligation to the other party will be dischargeable in the bankruptcy. However, this is simply not the case with domestic support obligation(s). In response to the economic downturn and housing market decline, a bankruptcy law went into effect in 2005, titled ‘The Bankruptcy Abuse Prevention and Consumer Protection Act’ (BAPCPA ). This altered the relationship of debtors and creditors, and even altered the relationships between creditors. This new law changed many things in the bankruptcy code including how a “domestic support obligation” will be treated.