The decision to divorce is often one of the most difficult choices a person could make. Divorce brings about certain change, and sometimes, those who divorce find themselves struggling for a time after they separate. This may be one reason why many who are living in unhappy marriages decide to stay put rather than taking the step to end their marriages and start a new life.
During a divorce, it seems like nothing can be harder than separating from your spouse and ending a marriage. However, often successfully raising your children with your ex-spouse can seem as hard, if not harder, than the actual divorce. Here are six tips from the family law attorneys at Platt Hopwood on how to successfully co-parent your children:
Almost everyone's been there: the first holiday season after a breakup or divorce. From family Christmas dinner to the New Year's ball drop, nothing is going to feel quite the same. Worse yet, you're worried about the questions from family members who just don't get it. Will they ask where your ex is, or criticize you for ending the relationship?
During a divorce, child custody or family law battle it may be tempting to channel your inner Nancy Drew and engage in a little spying on your spouse or ex-spouse in an attempt to give yourself a leg-up in court. Some of these methods are legal, however most of them are not and there is a fine line between legal, inadmissible in court and illegal. Whether you are attempting to find out whether your spouse or ex-spouse is hiding assets, having an affair or violating your final judgment it is easy to get yourself into a tricky situation when playing detective. Before you take any action to spy on your spouse, consult your attorney to figure out if what you plan will behoove or destroy your case in court.
Social media seems to run into every aspect of modern lives with the rise in mobile technology and social sites such as Facebook and Instagram. These social media sites are often utilized as fun tools to reconnect with old friends or keep in touch with current ones. However, lurking behind the fun of social media is great potential to damage your case in a divorce, custody or alimony battle. The opposing party may use your statuses, posts and photos as evidence in trial. If you are going through a legal battle stop and think before you post or before you allow someone to tag you in a post, "If a judge saw this post or photograph and nothing else, would this harm, benefit or have a neutral impact on my case?"
If you're planning on getting married we encourage you and your partner to discuss whether a prenup, or prenuptial agreement is right for you. Here are several benefits of having a prenup:
As always, our first piece of advice is to contact and retain an attorney that you trust. In Florida child support is not a right of the parent, it is a right of the child; each parent has a legal obligation to provide for their minor child or children. Child support ensures that the child's basic needs, such as food, shelter and safety are met and allows the child to benefit from both parent's success and good fortune. The court will determine child support based on a formula that takes into account the child custody agreement, the net income of the parents, daycare costs and additional specified expenses.
Title VI Chapter 61.08 in the Florida Statues details alimony awarded in a divorce, including the types of alimony and the factors the court takes into consideration when awarding alimony. An online copy of this statue can be found here.
Divorce is a heartbreaking experience for all involved and the situation can worsen when children are affected. Ten years ago the standard timesharing agreement was called a custody agreement and allotted a majority of the time to the mother with the father enjoying every other weekend and Wednesdays evenings with the child(ren). Today, the court system encourages 50/50 or semi-equal timesharing and shared parental responsibility of the minor child(ren). The courts have stopped giving automatic preference to the mother and instead look at each case on an individual basis to determine a timesharing agreement that is in the best interest of the child(ren).