Primary Issues in Every Divorce
If you are considering divorce you may be wondering just how to proceed. As a start, first understand and prepare yourself for the fact that that there are two primary issues that apply to every divorce and another two additional primary issues that apply when there are dependent children involved. Those issues include property division, spousal support, custody and parenting time, and child support. However, in divorce, no two situations are alike. There can be a variety of other issues as well and each of these issues can be challenging and complex. The family law attorneys for men at In Law We Trust, P.A. are ready to listen to your unique situation and can advise you in each of these areas to be sure that you receive a fair and efficient resolution.
Almost every marital estate includes both assets and debts and these must be identified, disclosed, and divided equitably between the parties. It is important to note that the word is equitably, not necessarily equally. To that end, it is helpful to write out the list of these debts and assets including all marital property, when it was acquired, and, if applicable, whose name appears on any credit cards, mortgages, deeds or titles. Property division during divorce isn’t always cut and dry, and this is one of the first steps to formulate potential strategies and options toward a fair property settlement.
Spousal support was once known as “alimony” and is one of the fastest changing and most controversial areas of family law. While it is less commonly awarded now than it was in the past, there are still situations in which spousal support is appropriate. Florida courts have discretion when determining if and how much may be awarded, and how long it will be paid. In doing so, they will consider the length of the marriage, the standard of living while married, and the allocation of child-rearing responsibilities after divorce. Each of the couple’s ages, education levels, physical and emotional health, education levels, employ-ability, and earning capacity will also be considered when making awards. Prepare a budget of what your living expenses will likely be after your divorce and from that budget you can begin to determine if it is appropriate to seek support or, if your spouse is seeking support from you, how that could possibly impact your financial picture.
Custody and Parenting Time
Deciding which type of custody you will be seeking will allow your lawyer to understand and advocate effectively for your position. The children’s welfare should be the number one priority at all times. This is an important issue in divorce and should never be used as punishment or unreasonable leverage with a spouse. As a parent, you will need to give serious thought to custody issues and to a co-parenting schedule that will first and foremost be in the “best interests” of the children.
Each parent is legally required to provide financial support for their children until the children’s emancipation. Child support is often relatively straightforward and is based on the parent’s relative incomes and the agreed-upon or court-ordered parenting time schedule. How much each parent is required to contribute will be outlined in a court order or established between the parents in a written agreement.
Compiling a list of childcare expenses will enable you to see a clear picture of your children’s present and future needs and it will be helpful to review these with your attorney so that your possible financial commitment can be assessed. These expenses will not only involve the cost to maintain a home for them, but also expenses as transportation, food, clothing, health care, education, child care, entertainment, and extracurricular activities.
Preparing To Meet With an Attorney at In Law We Trust, P.A.
When you meet with us, bring all of your notes and the documents that pertain to, or can substantiate, any of the issues listed above. The better prepared you are and the more ammunition you bring to us in the beginning, the better off you will be at the end. The attorneys of In Law We Trust, P.A. will guide you through the process of divorce while compassionately and aggressively ensuring that your rights and best interests are protected.
Call The Family Law Experts Men Trust (813) 415-3510
In Law We Trust, P.A. is a premier firm of divorce lawyers for men in family law proceedings. We are uniquely positioned to assist our clients with the challenges men face in Florida’s court system. Call us today and get the proper representation men need and deserve.