Jun
What Does “Equitable Distribution” Mean in a Florida Divorce?
What Does “Equitable Distribution” Mean? If you are beginning the divorce process in the state of Florida, you certainly have questions about how the division of assets and liabilities from your marriage will be handled. Florida operates under the laws of “equitable distribution” as the way that spouses divide their property and debts in a divorce. Equitable distribution means “fair” division, but does not necessarily mean “equal” division. While it may be possible for the parties involved in the divorce to come to a mutually-acceptable agreement about how assets and liabilities will be divided, in many cases, when an agreement can’t be reached, a judge will step in. Unfortunately, this of ...
May
Co-Parenting and Time-Sharing: Tips for Summer Break
The Burden is on the Parent Seeking the Modification The long awaited summer break is almost upon us, and while children and parents look forward to this time of year, it can add a bit of stress as daily routines and parenting time schedules are not quite as predictable. For a number of families, summer break might mean long distance time-sharing and that the children may be away from one of the parents for a longer period of time. This can create anxiety for children who are not used to spending time out of their normal surroundings or away from a parent. Some parenting plans are more detailed about coordinating time-sharing during school breaks and holidays. It’s a good thing to have ...
Apr
Should You Date While Divorcing?
Each Situation is Unique, But Generally We Advise Against It This is a frequent question we receive from our clients. Since the circumstances surrounding each divorce are always so different, it is tough to answer definitively. However, taking into account all of the different scenarios we have encountered that include a third or even fourth party’s involvement, In Law We Trust Divorce and Family Lawyers generally advises that during your divorce process you exercise a degree of caution and restraint with regard to dating. Even if you think the separation is amicable, most likely there are still unsettled emotions involved and you don’t know for sure how your wife will react. The last thing ...
Mar
How to Be the Best Dad You Can Be
Be the Best Dad You Can Be First of all, try not to agonize over how divorce will affect your children. There are many ways that you, as a dad, can help ease this transition. Being a positive role model is one of the most important things that you can do for your children, and while not always easy to do each and every day, especially during a challenging divorce, the results in the end are well worth it. If you're a father dealing with divorce, remember that you are needed by your children now more than ever. Traps to Avoid Make every effort to maintain healthy relationships with your children and try to continue to parent as you always have. Even though you will face hard conversatio ...
Jun
Dividing Property Debt During a Divorce
Start With an Appraisal of the Property One of the common challenges that many couples face during divorce is how to handle property debt or a mortgage associated with the family home. There are a few options about how to move forward, but first and foremost it is important to have an appraisal of the property for determining the current value, if there is any equity in the home, and if so, how much. The difference between the current market value and the amount of debt or mortgage on the property will determine the equity. Equity can be affected by the amount of the original down payment, any refinancing, home equity lines of credit, when the property was originally purchased, and how lo ...
Jun
How Are Bank Accounts Split in a Divorce?
How Do Courts View Separate Bank Accounts in a Divorce? There are many misconceptions about the division of property during a divorce, and some of those misconceptions have to do with the division of bank accounts. You should be aware that the name on a bank account doesn’t necessarily dictate who will receive those funds. The divorce court judge will determine whether the funds are joint property or one spouse’s separate property by applying Florida state law. Not only with regard to bank accounts, but getting what is rightfully yours in a divorce, no matter whose name is listed on the asset, can be complicated. Consult with an experienced divorce lawyer regarding the protection of your fi ...