Bright side to divorce

1. Discover strength within you never knew existed

2. Understand who you really are

3. Create the life you’ve always dreamed of

4. Become your own best friend

5. Fall in love again

 

Source:  Modern Woman’s Divorce Guide

Surviving Spouse Not Liable for Claims Against Decedent

In Florida, since 1995 decision by the Florida Supreme Court, the surviving spouse is not liable for claims against the decedent.  

 

Previously, a husband was responsible for the deceased wife’s expenses for necessities, last illness, and funeral expenses.  He was responsible for these expenses because a woman’s legal identity merged with her husband’s once she became married.  Therefore, she was unable to own property, enter into contracts, or receive credit.  Because she could not enter into contracts or receive credit, even for food, shelter, and clothing; the law held the husband responsible for these “nessesaries.” 

 

Since the 1995 decision, neither spouse (male or female) is financially responsible for claims against the deceased spouse.

  

Source:  David Goldman, Esq., Florida Estate Planning Lawyer Blog

Tips for Preparing for Mediation

1. Know how the process of mediation works in your area
2. Clearly identify the issues in advance
3. Make sure your attorney has clear and current information
4. Make sure your mediator has relevant materials in advance so they can familiarize themselves with your case.
5. Consider preparing charts, spreadsheets, etc. of voluminous information
6. Have 3 copies of everything available:  one for you, one for the mediator, and one for the opposing party
7. Consider your best alternative to a negotiated agreement (if you can’t reach an agreeement, what is your best alternative) and weigh the pros and cons
8. Consider your worst alternative to a negotiated agreeement (what is your worst alternative) and weigh the pros and cons
9. Brainstorm possible solution proposals before mediation begins
10. Anticipate and consider the opposing party’s issues, concerns, and proposed solutions
11. Throughout the process, consider the pros and cons of settling v. going to trial (financial and emotional time costs and the time involved)

Source:  Dick Price, Esq., Divorce and Family Law in Tarrant County, Texas blog

Deciding Who Gets Residential Custody of the Child After Divorce

The awarding of child custody is of prime concern to parents going through divorce. In Florida, the custody of your child is determined by seven simple words: “best interest and welfare of the child.” While it is the parents who initiated the divorce, from the court’s point of view, it is often the rights of the child that dictates child custody determinations. What if you are the parent who is better suited to support the child financially? Does this give you an advantage in obtaining residential custody of the child or children? In Florida, the fact a child would be more financially secure with one parent as opposed to the other parent is not a controlling factor in determining custody rights.

 

It’s not hard to consider a situation where spouses are going through divorce, they have children, but one parent makes substantially more money than the other. Take, for example a situation where the father is an executive of a corporation with an annual salary in excess of $250,000.00, and the mother is a homemaker who works really hard but does not earn her own income. In an economically driven society, some tend to think that the more money you make, the better you will be able to provide for the best interests and welfare of your children.

 

The truth is, even though one parent may bring home more money than the other, in most cases, both parents are still able to provide for a child’s reasonable needs. And although money is important in raising a child, especially in recent years, the courts also look to a parent’s ability to provide for a child’s personal, emotional, and social welfare as well as providing for a child’s material welfare.

 

If you are a parent going through a divorce, but know you make less money than your spouse, there are other important factors to consider in the issue of determining custody. Rather than spending time worrying about your financial situation, spend time detailing the factors the court will consider, such as: (1) character and moral conduct; (2) mental health; (3) the proposed home environment for the child; (4) character of others living in the proposed home of the child; (5) ability to maintain continuity in the child’s home; (6) parent’s work schedule; (7) and the effects, if any, that an interracial marriage may have on the child. And while no single factor alone is indicative of how the court will rule, it’s important to look at all of them and plan accordingly. Together, these factors comprise the analysis by which a court will determine what is in the best interest of the child when deciding the issue of residential custody.

 

In such cases where there is a significant disparity of income between one parent and the other the court will often mitigate that difference with awards of child support and alimony.

 

Source:  Bradley H. Trushin, Esq., Florida Family Law Blog

Alimony in the Divorce Process

A divorce is usually a last resort in attempt to fix broken hearts, rectify emotional distress, and discover, if only, a sliver of peace of mind. And while the process of change can be a very difficult road to go down, it is all too often the case that moving on, and determining the circumstances under which change can happen, is the most laborious task of all.

 

Alimony was a very common occurrence in the divorce landscapes during the past few decades. A family that split up due to one individuals fault or the other would find that their standard of living has decreased immensely for a number of reasons. Whether it was because there was only one breadwinner in the household or because the ex-spouse simply held a heart of scorn against his or her counterpart, one spouse would win financially over the other.

 

Now, though, the landscape is changing as the nuclear household is not what it used to be. More and more women are out working and bringing home income as their husbands. Parental and familial rights are more equally distributed between couples and so are stressful concerns. These days alimony has become less of a requirement and more of a safety precaution, depending upon the specific circumstances of the situation.

 

There are a large number of factors that go into determining who gets alimony, how much, and why. The court may look at the health of the individuals involved; sometimes one spouse may be terminally ill, or needs money specifically for medication. Age can also play a role, as well as the length of the marriage, the amount of time that they may be have been separated before divorce, and the earning potential of the two individuals. Alimony can be given indefinitely or for a specified amount of time.

 

There have been arguments against alimony be people who claim that the court order is unconstitutional. The argument points to the thirteenth amendment, which forbids involuntary servitude. The fact that individuals are ordered by the government to pay money to an ex-spouse is considered a direct violation of that clause. Secondly, alimony supposedly violates the equal protection clause under the fourteenth amendment, due to the lack of reciprocal action or benefit.

 

Technicalities aside, alimony still remains at least an option in the divorce processes. It is very important to employ the trusted aid of an experienced divorce or family law attorney. For more information on alimony and other divorce related topics, please visit www.jmmflaw.com.

 

Source:  Joseph Devine

Steps to Take Once You Decide to Divorce

1. Cancel all joint credit cards and open individual accounts.
2. Cancel direct deposit and unlink all of your bank accounts.
3. Divide the cash you have in joint bank accounts 50/50 and deposit into your individual, separate account.
4. Change all of your passwords (online and offline) and don’t reuse old passwords.
5. Monitor your credit report to make sure the accounts are closed.
6. Start a folder to collect all of your billing/banking/account statements (for your Financial Affidavit).
7. Determine how the bills will be paid while the divorce is pending.  Make sure you both agree, and get it in writing.

Source:  “7 Action Steps to Take Once You Decide to Divorce,” Pamela S. Wynn.

3 Things I Wish Someone Had Told Me About Divorce

1.  Be ready for horrible lies and even more horrible truths

2.  Divorce is not about gaining freedom

3.  Kids feel responsible

Read more here.

50 Divorce Blogs to Find Advice and Comfort in Hard Times

By Laura Milligan on Soul Mating

Whether you’ve recently separated from your spouse or you’re a single parent ready to move on to another relationship, you can find a lot of free legal advice, therapy and dating tips online. This list of 50 divorce blogs are published with the intention of helping out other separated and divorced individuals as they try to make sense of child custody issues, international divorces, dealing with grief and moving on, and more. Take advantage of these bloggers’ experience and the advice they offer to take back control over your life.

For Women

Women will find these divorce blogs helpful as they read about dating tips, domestic violence and more.

1. Divorce Diva: The Divorce Diva aims to make “divorce a manageable tragedy” for her readers by sharing news stories, book reviews, jokes and great tips for dealing with a divorce.
2. The Emergency Divorce Blog for Women: This blog posts articles about domestic violence “related to divorce” and children.
3. Women’s Divorce Blog: Learn about your legal options and get tips on managing your emotional state after a divorce on this blog.
4. What’s Love Got to Do With It?: This blog explores “why modern women don’t find their Mr. Right” and can serve as a thought-provoking, challenging guide during or after a divorce.
5. Solo Mother: Newly single moms can get tips on coping and managing their hectic lives here.
6. Seven Secrets to a Successful Divorce: What Every Woman Needs to Know: Women will find “divorce survival skills” on this blog.

For Men

These blogs are written by and for men who are experiencing divorce.

1. Successful Divorce Planning for Men: Scroll through the archives on this blog to learn about child custody laws and more.
2. Divorce and Evolution: Read the story of this man’s divorce process from his wife of eight years.
3. Divorced Dads Matter: Find support and links to divorce and custody resources here.

Legal Advice

Find free legal advice from these blogs.

1. Lawlady’s Divorce Blog: Get tips on “collaborative divorce” and more from this Seattle holistic divorce attorney.
2. New York Family Law and Divorce: New Yorkers going through a divorce will gain insight into their personal case by reading this blog, which covers news stories and more.
3. The International Family Law Office: Couples with international ties have an even more complicated struggle when trying to figure out a divorce. Turn to this blog for help.
4. NRI Divorce: South Asians and Non-resident Indian couples can use this site as a resource for figuring out relationships, divorce, custody and more.
5. Divorce Lawyers Blog: Get tips on finding a lawyer and navigating the legal process of divorce here.
6. Illinois Divorce Law Blog: Get news stories and advice that are both unique to Illinois cases and relevant to general cases.
7. Divorce Law Journal: This Kentucky divorce law blog also covers news and issues that divorcing couples around the country face.

Dealing with Divorce

From explaining divorce to your children to separating health insurance and other accounts, these blogs have all kinds of tips to help you deal with the different aspects of divorce.

1. Darn Divorce: Here you’ll find “random thoughts and news on the dreaded D-word.”
2. The Evolution of Marriage: This blog can be a helpful resource for those thinking about divorce and those who are already divorced. Read about the natural ups and downs of marriage, as well as the freedom of living on your own.
3. Etiquette for Exes: If you’re having trouble being civil with your ex, turn to this blog for tips on how to stop fighting, especially if you want to make it easier on your kids.
4. Children and Divorce: Learn about children’s rights and how children deal with divorce here.
5. SurviveDivorce.biz: Learn how to manage practical problems, like health insurance and name changes, as well as emotional support on this blog.
6. Children of Divorce Blog: Children of Divorce Blog is another resource for parents concerned with the emotional well-being of their children during a divorce.
7. Divorce Hotline: Read all about divorce issues here, from preparing yourself for legal fights to moving on.

Moving On

How do you know when you’re ready to move on? These blogs provide support and ideas for transitioning to another phase of your life.

1. Thrive After Divorce: The blog for this ezine shares easy-to-remember mantras and gives tips to help divorced men and women move on.
2. Fresh Start After Divorce: Join this community to read articles, connect with others going through a divorce and more.
3. Collaborative Divorce Newsblog: Through regular posts and news stories, this blog aims to help “people make respectful, civilized, values-based transitions from couple to single.”
4. Step by Step: This blog is run by a group of moms who are trying to manage life in a blended family.
5. Unfettered Cravings: Read about this newly divorced man’s X-rated adventures — and fantasies — as he gets back into the dating game.
6. Sexy Ex: Women who have recently suffered through a breakup get tips on how to rejuvenate their sex life here.
7. Prill Boyle’s Defying Gravity: This blog helps those experiencing a major life transition achieve what they want.
8. Life After Divorce: New Horizons: Get tips on recovering from divorce, no matter how old you are.
9. Maine Divorce Law Blog: In addition to covering issues about the legal side of divorce, this blog features stories about divorce culture, American divorce trends and more.
10. Dad’s House: This single dad writes about dating and parenting issues.

General Advice

In this list you can find general tips and advice about managing your divorce case, exploring child custody options and more.

1. Judith’s Divorce Blog: Lawyer Judith Middleton shares her reflections and advice on revenge, compromise and communication.
2. California Divorce Blawg: This blog from California lawyer John E. Harding posts about divorce legal news but also includes other divorce-related news stories, statistics, celebrity divorce news and more.
3. Chicago Divorce Lawyer: While this blog focuses on divorce news and legal information for those in the Chicago area, it also offers up divorce book reviews, articles on choosing a divorce lawyer and divorce etiquette.
4. Florida Divorce: Read up on child custody cases and divorce-related news to learn about settling finances and more.
5. Divorce Blog: Read news stories and other articles relating to divorce and legal issues here.
6. The Divorce Blog: Recent posts on this blog address news stories, politics and divorce, and remarriage.
7. Generation Ex Files: This blogger addresses divorce issues relating to children, surviving the holidays, working out family problems and more.
8. Divorce Information: Recent posts on this blog include “Should You Stay or Should You Go?” and “I’m Movin’ On.”
9. Lifestyle of a Divorced Single Mom: This single mom writes about life lessons, relationship issues, managing work, and more.

Go-To Resources

These go-to resources include a directory to help you find a lawyer, news stories about family law, and personal blogs about getting through a divorce.

1. Total Divorce Blog: Recent posts on this blog include “Making Patchwork Families Work” and “Divorce Lawyers See More Digital Evidence,” reporting legal news and giving tips on divorced families.
2. Divorce Find: This bare bones blog posts the 10 most recent articles on its site plus other divorce resources for finding lawyers.
3. Divorced at 50: This blogger got divorced after a 32-year relationship and now writes articles and posts information for those needing legal, emotional and financial advice.
4. Your Child – Your Divorce: If you’re going through a divorce and want advice on how to explain it to your children, turn here.
5. Daily Stories on Divorce and Family Law: Here you’ll find stories from different news services covering divorce, child custody and more.
6. Divorce Blog: This UK-based site has articles about about children and divorce, divorce law, moving on and more.
7. First Wives World: This networking community also features blog posts that offer support and practical advice for divorced women.
8. Divorce@Suite101: This resource features articles and more for those experiencing divorce and for divorced singles.

Disclaimer (sticky post)

Disclaimer

 

This blog is written and published by Jan M. McCray Flemmons for educational purposes only, i.e. to give information and a general understanding of Florida family law, not to provide specific legal advice.  The information provided by this blawg should not be used as a substitute for legal advice from a licensed attorney in your state.  Jan M. McCray Flemmons is licensed to practice law in the State of Florida only.

 

Your use of this blawg does not establish an attorney-client relationship between you and Jan M. McCray Flemmons. Such an attorney-client relationship can only be established by execution of a contract for legal services between Jan M. McCray Flemmons, P.L., and a prospective client.

 

Some material contained in this blawg is general in nature and may not reflect the current laws of the State of Florida. The author of this blawg does not necessarily support the views expressed in all articles contained herein and cannot guarantee their accuracy.

 

The inclusion of material from identified sources is for educational purposes only and is not intended to infringe on the copyrights of the identified sources.

Prenuptial (Antenuptial) Agreements Aren’t Just for the Wealthy

 

Florida is an equitable distribution state, meaning when you file for divorce, the court will divide the assets and liabilities 50/50 unless a party argues for a different distribution percentage.  By having an antenuptial agreement (also known as a prenuptial agreement or “prenup”), parties can determine before they marry how their assets and liabilities will be distributed should a divorce occur.

 

Who needs an Antenuptial Agreement?

·         You have assets such as a home, stock or retirement funds 

·         Own all or part of a business 

·         You may be receiving an inheritance 

·         You have children and/or grandchildren from a previous marriage 

·         One of you is much wealthier than the other 

·         One of you will be supporting the other through college 

·         You have loved ones who need to be taken care of, such as elderly parents

·         You have or are pursuing a degree or license in a potentially lucrative profession such as medicine 

·         You could see a big increase in income because your business is taking off, or that garage band you play in has just gotten a contract with a big record company. 

 

Why have an Antenuptial Agreement?

·         To establish your own rules for property division and avoid potential disagreements in the event of a divorce

·         Save money on attorney’s fees, time spent in court, and reduce the level of emotional distress of divorce court

 

What can an Antenuptial Agreement do for me?

·         Financial disclosure prior to the marriage

·         Protect inheritance to children born before the marriage

·         Protect family heirlooms, antiques other property

·         Protect inherited property you receive during the marriage

·         Distinguish joint and separate property

·         Determine the division of assets and liabilities

·         Protect business owner’s assets

·         Protect self from debts of the other party

·         Various monetary agreements

·         Retirement benefits

·         Bank accounts

·         Bills

·         Taxes

·         Various nonmonetary agreements

·         Personal preferences/duties

·         Pets

 

What can’t an Antenuptial Agreement do?

Cannot dictate child visitation, child support, child custody

 

How do I get an Antenuptial Agreement?

Please contact my office to discuss drafting a valid Antenuptial Agreement to protect your interests.

 

by Jan M. McCray Flemmons, Esq.