Divorce is a complex and emotionally challenging process that can have far-reaching consequences for individuals and their families. Before you take the step of filing for divorce, it’s essential to be well-prepared to navigate the legal aspects of ending your marriage. This checklist provides an overview of the crucial steps to take before filing for divorce to help you protect your interests and ensure a smoother transition.

1. Consult with an Attorney

One of the first and most crucial steps you should take is to consult with an experienced family law attorney. An attorney can provide you with invaluable guidance on your rights, responsibilities, and options throughout the divorce process. They will help you understand the specific laws in your jurisdiction and assist you in making informed decisions.

2. Gather Financial Documents

Compile all relevant financial documents, including bank statements, tax returns, mortgage statements, investment account statements, and any other records related to your assets, debts, and income. This information will be essential for property division and determining support arrangements.

3. Create a Budget

Develop a detailed budget that outlines your monthly expenses, including housing, utilities, transportation, and childcare if applicable. This will help you understand your financial needs and plan for post-divorce life accordingly.

4. Assess Child Custody and Support

If you have children, consider your desired custody arrangement and visitation schedule. Child custody and support can be contentious issues, so it’s essential to think about your children’s best interests and discuss these matters with your attorney.

5. Inventory Your Assets and Debts

Make a comprehensive list of all your assets and debts acquired during the marriage. This may include real estate, vehicles, personal property, and credit card debts. An accurate inventory will assist in the property division process.

6. Consider Alternative Dispute Resolution

Explore alternatives to traditional litigation, such as mediation or collaborative divorce, which can help reduce conflict and save time and money. These methods involve negotiation and can be more amicable approaches to divorce.

7. Establish Separate Bank Accounts

Open separate bank accounts to protect your financial interests and ensure that your spouse cannot access your funds without your consent. Be sure to consult with your attorney about the legal requirements for doing so in your jurisdiction.

8. Update Your Beneficiaries

Review and update the beneficiaries on your insurance policies, retirement accounts, and estate planning documents. Failing to do so could result in assets going to your former spouse unintentionally.

9. Address Immediate Concerns

If you have concerns about your safety or the safety of your children, consider obtaining a restraining order or seeking legal protection. Your attorney can assist you in taking the necessary steps to ensure your well-being.

10. Seek Emotional Support

Divorce can be emotionally taxing, so don’t hesitate to seek emotional support from friends, family, or a therapist. Taking care of your mental and emotional well-being is just as important as addressing the legal aspects of divorce.

Conclusion

Divorce is a complex legal process that requires careful planning and consideration of various factors. By following this legal checklist, you can prepare yourself for the journey ahead, protect your rights and interests, and work toward a more amicable and manageable divorce process. Remember, consulting with an experienced attorney is crucial, as they can provide personalized guidance tailored to your unique situation.

The Law firm for Family Law practices law as  divorce attorneys, and family law attorneys in Clearwater, Largo and the surrounding area.

For more information, visit our website at https://thelawfirmforfamilylaw.com/
or call (727) 531-8737.

A Prenuptial Agreement is an insurance policy on your marriage.

A prenuptial agreement is a helpful tool in creating a stronger, healthier,
and honest relationship. Most couples understand the many ways in
which a prenuptial agreement can help their marriage last. Think of a
prenuptial agreement as marriage insurance. You insure your home, car
and health, why not your marriage?

A prenuptial agreement sets clear expectations about financial, child
rearing and other responsibilities within the marriage. It outlines who will
be responsible for what, thus avoiding confusion or resentment later.
This clarity will significantly reduce the likelihood of disputes, contributing
to a healthier, happier marriage. Research studies show consistently that
an individual’s view of marriage and divorce can predict a couple’s likelihood
of divorce. This is directly in line with an individual’s view of a prenup. If your
partner views marriage as a lifelong commitment and divorce as a last
resort, they are likely to view a prenup in a favorable light. Researchers find
that prenuptial agreements strengthen marriages by providing a sense of
certainty about what will happen in the future, whether death, bankruptcy,
infidelity or divorce.

Debt can put a severe strain on a marriage. A prenuptial agreement can
clarify who is responsible for any debt incurred before and after the
wedding. Clearly defining this responsibility, you can avoid potential
conflicts later. Your fiscal strategy and planning can be clearly defined.

The Florida divorce rate is among the highest in the country. Insure your
marriage against the hard times by dealing with important issues today.

The Law firm for Family Law practices law as  divorce attorneys, and family law attorneys in Clearwater, Largo and the surrounding area.

For more information, visit our website at https://thelawfirmforfamilylaw.com/

or call (727) 531-8737.

From temporary to bridge-the-gap alimony agreements and durational to permanent spousal support settlements, the spouse who is awarded financial maintenance as part of their divorce decree is entitled to the timely receipt of the amount that is established when the divorce is finalized.

More importantly, the spouse who is legally obligated to pay alimony through the court order must do so for the duration of the alimony award without fail, or s/he can be held in contempt of court.

Why Would A Former Spouse Suddenly Stop Paying Alimony In Florida?

The most common reasons people miss alimony payments are due to job losses, pay reductions or other life events that place a significant strain on their personal finances. If your former spouse has a legitimate reason for missing spousal support payments, s/he must pursue a modification through the family court that handled your divorce — not abandon the responsibility.

It is important to understand the difference between legitimate financial hardships and spousal support payment delays, which can include circumstances like the payer being out of town or being at the mercy of the US Postal Service. While prompt payments are ideal, there is little legal recourse to enforcing nominal delays.

However, if your former spouse can fully afford to make alimony payments and intentionally chooses not to, it may be time to pursue legal action to ensure you receive the payments you are entitled to, and that s/he is held accountable for their derelict behavior, so it does not continue.

What Are My Legal Options When Enforcing Spousal Support Payments?

At the Law Firm For Family Law, our Clearwater, Florida Board Certified Expert in Alimony provides the experience and personal support our clients need to pursue legal action against their ex-spouses for failing to pay spousal support.

When a divorce is finalized to include spousal support payments based on our Florida alimony laws, their enforcement may be our client’s only option in upholding the agreement. Our accomplished Clearwater family law attorney realizes that alimony payments may be viewed by many as expendable income, but in reality, they are a driving factor in the recipient’s financial livelihood.

Simply put, if you are awarded alimony, your wellbeing counts on its arrival each month, and our spousal support enforcement attorney will pursue full financial recovery on your behalf through the best legal options available for your unique circumstances.

Your legal options can include asking the family court judge to:

• Hold the payer in contempt of court
• Apply an income withholding order in the form of a financial judgment or wage garnishment
• Force the delinquent spouse to pay interest in the case of ongoing or long-term missed payments

Our clients need to understand that since alimony is determined by a court order, their former spouse must make those payments for the duration of the agreement. When s/he decides unilaterally to miss payments, s/he is in violation of the terms of the divorce agreement and should be held accountable.

Has Your Ex-Spouse Stopped Making Alimony Payments?

Divorce is hard enough without a former spouse refusing to adhere to the agreed-upon terms. Get the help you need in holding him or her responsible for their financial obligation. The Law firm for Family Law practices law as  divorce attorneys, and family law attorneys in Clearwater, Largo and the surrounding area.

For more information, visit our website at https://thelawfirmforfamilylaw.com/
or call (727) 531-8737.

Like most people who are going through a divorce, each detail surrounding your future — known and unknown — is at the forefront of your everyday life until the dissolution is finalized. During that time, each element of your personal life is going to be debated within the family court system, including highly important matters like  alimony, child custody, and child support.

If the prospect of discussing your financial needs or how your children are going to share their time between you and your soon-to-be-ex-spouse in open court seems invasive, that’s because it is.

Allowing a judge to decide your future is not your only option. There are resources available to help you navigate the terms of your divorce in the form of mediation.

Am I A Good Mediation Candidate?

Mediation allows you and your spouse to maintain complete control over the terms of your divorce.

If you would like to keep the details of your divorce private, and out of the hands of the judge, you may be a good candidate for mediation.

Other questions that will help identify if mediation is right for you can include:

• Do you and your spouse agree about most things, but are having trouble hammering out the final details of your divorce?
• Will you and your spouse eventually be able to get on the same page about the terms of your divorce after fully discussing the details?
• Are you both willing to compromise?

While mediation isn’t for everyone, it is certainly an exceptional resource for intelligent people who understand the value of retaining control of their divorce proceedings. However, a successful mediation process hinges on the ability to openly discuss your marital details — from finances to children — before a neutral third-party, or mediator.

Our Florida Board Certified Expert in Marital and Family Law, Gary Williams, is also a Board Certified Advocate who listens to both sides of the discussions, offers insight, and helps guide the negotiations in a positive direction to find common ground, so you can move forward with confidence.

Will the Mediator Give Me Legal Advice?

In short, no. Mediators are not allowed to give legal advice to either party.

Mediation sessions are designed to offer divorcing couples a way to civilly discuss all the issues surrounding the end of their marriage.

Our experienced family court mediator allows our clients to fully understand what might happen at trial if the divorcing spouses are not able to reach a full resolution of their case through the mediation process.

Should the mediation session end without an agreement, the divorce proceedings will be litigated in court, where the judge becomes the ultimate “decider,” which removes the power from the couple to be in control of what their agreement does or does not include.

What Are The Advantages of Mediation For Florida Residents?

When divorce becomes a reality, couples can focus on resolving their issues within a private setting — instead of a courtroom — using mediation.

Other benefits of mediation include:

• The process is more affordable for many clients
• It offers the ability to customize the divorce settlement
• The mediation process is often a quicker way to reach a full divorce settlement
• The sessions take place in a relaxed and non-confrontational atmosphere
• Mediation often results in less stress and anxiety by focusing on creative solutions

When our clients use mediation as a solution to end their marriage, they are in control of their divorce details, which can provide a refreshing start to their new lives. Our Florida family law attorney provides the proper divorce representation for divorcing couples throughout the state based on their unique circumstances, and we can focus on creating results for your future too.

The Law firm for Family Law practices law as  divorce attorneys, and family law attorneys in Clearwater, Largo and the surrounding area.

For more information, visit our website at https://thelawfirmforfamilylaw.com/
or call (727) 531-8737.

Marriage requires a lot of work to be successful, and even then, couples can grow apart. When one spouse decides divorce is their only way forward, convincing the other spouse to split amicably through a collaborative divorce may be a challenge.

The reality is, moving forward with a collaborative divorce requires both spouses to voluntarily agree to the process.

At The Law Firm for Family Law, our Clearwater, Florida collaborative divorce attorney suggests that couples entertain the benefits of a civil and respective approach to marriage dissolution, so both parties can effectively work towards a resolution together.

What Are the Benefits of Participating in a Collaborative Divorce in Clearwater?

Whether one person has announced that he or she wants a divorce, or if both spouses have decided it is time to move forward separately, knowing if collaborative divorce is right for you can be established by understanding the numerous benefits associated with this valuable divorce alternative.

The benefits of privately engaging in collaborative divorce in Pinellas County include:

• Negotiating equitable distribution of debts, assets, and shared property
• Allocating an alimony payment schedule and amount, when applicable
• Deciding on child custody and parenting plans, and child support payments that reflect those decisions, when applicable
• Saving time and money by avoiding the court system
• Discussing the details of your marriage and its dissolution in a private and informal setting to maximize results
• Exchanging information in an open and honest environment that allows for the free trade of ideas and solutions
• Handling post-settlement disputes preemptively to effective future planning
• Accessing professionals as neutral, unbiased experts to advise on matters related to the well-being of the children or complex finances

Collaborative divorce allows each spouse to successfully negotiate a result that works for their unique needs, without a judge’s interference. What’s more, the details of the divorce remain private, giving the couple the give of anonymity as they go their separate ways.

How Do We Get Started with the Collaborative Divorce Process in Florida?

The collaborative divorce process begins when each spouse retains a separate attorney to represent their individual needs during the negotiations.

Once the parties have assembled, they will each sign a Collaborative Divorce Agreement that states the couple will:

• Not litigate disputes in court
• Exchange honest, voluntary, time-efficient information with no formal discovery
• Work toward solutions that prioritize the shared children who are affected by the divorce

Each party will negotiate until they successfully settle their divorce. Once a complete settlement is reached, and the details have been signed by both parties, the matter will be filed with the Court for finalization.

What Happens if We Cannot Agree on the Terms of Our Divorce Privately?

Collaborative divorce attorneys are prohibited from representing their clients during a contested divorce, which means if either spouse chooses to leave the collaboration format, both parties must find new attorneys, which costs both time and money.

When spouses are incapable of negotiating a mutually acceptable settlement, their case must move forward inside a courtroom, which means the judge will decide on each facet of your divorce.

If you are considering a collaborative divorce and would like to learn more about the process, contact us. The Law firm for Family Law practices law as  divorce attorneys, and family law attorneys in Clearwater, Largo and the surrounding area.

For more information, visit our website at https://thelawfirmforfamilylaw.com/
or call (727) 531-8737.

Former spouses could see a smaller share of their former spouse’s monthly retirement pay under legislation proposed. The proposal, which is specific to military divorce cases, has been described as a “radical rewrite” compared to existing laws regarding property division in military divorce.

Under the proposed legislation, state courts would be required to award payments to former spouses of military service members based on the duration of time served and the rank at the time of divorce, rather than at the time of retirement, which is currently the case.

The legislation was introduced in the House to amend the existing Uniformed Services Former Spouse Protection Act (USFSPA).

Though the proposal drew both praise and criticism, those introducing the legislation focused on the need to protect a service member’s future interest, citing a number of marriages that end early on in a spouse’s military career.

MILITARY DIVORCE CASES

The path to divorce is never easy, but there are certain circumstances that may produce additional (perhaps complex) considerations, like in cases involving military spouses. These divorce cases, known as military divorce, often present a unique set of legal hurdles, which can become confusing for both parties involved.

The first thing to consider with military divorce cases is the fact that service members are, under the Service Members Civil Relief Act of 2003, entitled to certain protections. These protections cover a variety of areas, including whether or not a military service member can be obligated to appear before a court.

These regulations also address the issue of determining “state of residence” for service members on assignment across the globe. For example, if you are a service member and were considered a resident of the state of Florida before departing on military assignment, you would still be considered a resident of Florida when filing for a divorce.

Under current USFSPA guidelines, military retirement pay is classified as property, rather than income. Therefore, it is subject to Florida’s equitable distribution law in the event of divorce. There are also a number of other things to consider in military divorce cases, especially in situations involving children, medical insurance issues or Survivor Benefit Plans.

That’s why,

FINDING A SKILLED MILITARY DIVORCE ATTORNEY

This is where the family law specialists at the Law Firm for Family Law come in. In Florida’s Pinellas County, we serve as the premier law resource for those dealing with a wide array of family law issues, including spouses involved in military divorce.

Our firm’s founder is one of 18 Board Certified Experts in Family and Marital Law, and our team of skilled attorneys have a great deal of experience handling the various complicated issues that often arise in military divorce cases. Regardless of your situation, we are prepared to stand by and support you every step of the way.

The Law firm for Family Law practices law as  divorce attorneys, and family law attorneys in Clearwater, Largo and the surrounding area.

For more information, visit our website at https://thelawfirmforfamilylaw.com/
or call (727) 531-8737.

It has long been a common assumption that children of divorced parents are more likely to get divorced at some point in their own lives. For the most part, this assumption has been affirmed through psychological studies.

However, a recent study published in Marriage & Family Review exploring the impact of divorce on individuals later in life pointed to an increasingly volatile factor influencing divorce today – high-conflict. Specifically, the study found that individuals who experienced high-conflict situations as children were more likely to get divorced during adulthood.

HIGH-CONFLICT DIVORCE CASES

High-conflict divorce is an area of family law that can be extremely detrimental to all involved, especially children. When divorcing parents cannot agree on any terms, including those concerning their children, it can cause extraordinary stress, adding to an already stressful situation.

Divorce is never easy. Some cases involve a greater degree of conflict than others, which can prolong proceedings for months or even years, depending on the parties and other factors involved. Though battles can be waged over anything, some common situations in high-conflict divorce cases include:

• Alimony
• Child custody and support
• Parental rights and time sharing
• Division of property and/or other assets
• Domestic violence

Oftentimes, high-conflict situations can bring divorce proceedings to a stalemate, and they can even make mediation difficult, since high levels of animosity tend to undermine any cooperation or agreement.

It is also worth noting that, in the state of Florida, there have been significant changes to state statutes regarding alimony and time-sharing – changes that could impact your case directly.

That’s why it is so important to enlist the assistance of a qualified, assertive family law attorney, who can offer guidance during divorce proceedings, and even handle your case in a trial setting, if necessary.

FINDING A FAMILY LAW ATTORNEY YOU CAN TRUST

If you or someone you know is experiencing a high-conflict situation, or if you are looking to end a high-conflict marriage, it is critical that you contact an attorney that specializes in family and marital law. Only a qualified attorney can review your case according to current state statutes, and offer a recommendation for resolution.

In Florida, the Law Firm for Family Law serves as the premier legal resource for residents in and around Pinellas County. Our firm is also home to one of 18 Board Certified Experts in Family and Marital Law, and features a team of attorneys that focus specifically on family law matters. From the ground up, our firm is committed to giving your case the full attention it deserves, even if that means representing you and your case in court.

The Law firm for Family Law practices law as  divorce attorneys, and family law attorneys in Clearwater, Largo and the surrounding area.

For more information, visit our website at https://thelawfirmforfamilylaw.com/
or call (727) 531-8737.

Before Florida’s highly contentious alimony legislature met the Governor’s desk in 2016, it had passed both House and Senate votes, and by comfortable margins.

The bill, which sought to put an end to permanent alimony after the payer’s retirement, as well as alter payments based on the duration of the marriage, also included some “controversial” provisions regarding child custody and time-sharing – provisions Gov. Scott cited directly in his decision to veto.

In announcing his decision, Gov. Scott referred to the real-life, long-term repercussions for Florida families going through the divorce process, specifically the fact that the statute seemed to go against the best interests of minor children.

This was not the first time Gov. Scott had vetoed alimony legislation – a similar bill was struck down last year.

DIVORCE & ALIMONY IN FLORIDA

Legally, alimony is defined as a monetary allowance paid to one spouse by their former spouse upon a divorce or legal separation. Essentially, these payments are meant to help continue the standard of living in which a spouse has grown accustomed to.

In the state of Florida, there are currently six forms of alimony that can be awarded by a court. They include:

• Durational alimony
• Permanent alimony
• Bridge the gap alimony
• Rehabilitation alimony
• Lump sum alimony
• Temporary alimony

Current state laws also allow the court a great deal of discretion in determining how alimony is awarded, and the duration for which it is expected. However, family laws are constantly being reviewed and updated, including those with respect to alimony. As a result, it is increasingly important for spouses, in any case involving divorce and alimony awards, seek the appropriate legal guidance.

FINDING A FLORIDA DIVORCE ATTORNEY

Are you or a loved experiencing divorce or a dispute regarding your divorce proceedings, such as those related to alimony awards? If so, it is critical that you contact a qualified family law attorney as soon as possible. Only an attorney specializing in this area of law, and the current state statutes, can evaluate your case and determine what, if any, paths towards legal action might be available.

For those residing in and around Pinellas County, Florida, the Law Firm for Family Law can provide the legal guidance and wisdom necessary when dealing with family law matters, including divorce and alimony awards. Our team of skilled attorneys led by Royce Rounsaville– are committed to handling every case with the highest levels of professionalism, compassion and integrity, and can provide the support you are looking for during this trying time.

The Law firm for Family Law practices law as  divorce attorneys, and family law attorneys in Clearwater, Largo and the surrounding area.

For more information, visit our website at https://thelawfirmforfamilylaw.com/
or call (727) 531-8737.