Understanding Child Time-Sharing in a Florida Divorce

Our West Palm Beach Divorce Lawyer Answers Common Questions About Florida Time-Sharing

Photo of the Pros and Cons of Collaborative DivorceSome 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. read more

How Long Does a Divorce Take in Florida?

Our Florida Divorce Lawyer Explains

Picture of concept of divorce and property divisionDivorce 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. read more

The Cost of Divorce in Florida

Florida Divorce Lawyer Explains the Costs of Filing for Divorce

Woman workout out a child support modificationDivorce 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. read more

How to Get a Motion for Temporary Relief in a Divorce During COVID Times

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. read more

The Link Between Coronavirus and Divorce

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. 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

Is Florida a Community Property State for Divorce?

Picture of concept of divorce and property divisionDivorce 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. read more

Ex-Spouse Filing For Bankruptcy? How This Affects Child Support

child custodyIt’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. read more

Tips for Working Through Time Sharing and Child Visitation Challenges

father son reading

Time-sharing and post-divorce family living isn’t as easy as it looks on paper. Once you and your ex-spouse complete the process of divorce and separate households, you may see and welcome this as a ‘fresh start’. However your children may experience a longer post-divorce  adjustment period and they may continue to feel a roller coaster of emotions as a result of  the change.

When this happens, even the most amicable of co-parenting arrangements can prove stressful.

Many, if not most, children have a difficult time comprehending and adapting to new life circumstances. Different living arrangements and unknown things, places and people can be unsettling to a child. There may be a new step-parent or partner in one (or both) households, the change in neighborhood and daily routine can lead a child to withdraw, throw tantrums, cry and act out in anger without cause. In essence, kids frequently respond to post-divorce change with feelings rather than reason. read more

5 Tips for Co-Parenting During Summer Break and Vacations

vacation

It’s that time of year again!  Summer time offers children a special time to look forward to fun, outdoor activities and freedom from school duties. While all that typically comes with summer break for kids, for post-divorce parents, it can be a challenging time.

What is typical in many co-parenting arrangements, children are with one parent or the other for longer periods of time over the summer than during the school year.

In summer time, regular schedules and habits change. It’s this change up in routine and scheduled parent time that can produces anxiety for children and concern for parents. read more