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Miami Divorce Law Blog

Will an argument bring up the topic of divorce?

It goes without saying that every couple argues from time to time. While this may be true, there are times when things go entirely too far. If one person brings up the topic of divorce, you need to take a step back and realize just how serious things have become.

You should never discuss divorce with your spouse unless you absolutely feel that this is a possibility. Using it as a threat or to strengthen your position is never a good idea.

Co-parenting: Things you can do to succeed

When it comes to co-parenting, some people make it look easy while others struggle with every last detail.

Although this may not come easy to you and your ex-spouse, there are things you can do to clear the air to help avoid additional problems and tension in the future. Here are some top tips:

  • Keep an open line of communication. You don't have to talk about your personal life, but you will need to discuss many aspects of your child's life on a regular basis. This is why you need to keep an open line of communication, whether it is phone calls, email, texting or another form.
  • Be positive at all times. There is never a good time to disparage your ex-spouse. Just the same, you shouldn't belittle this person to your child or children.
  • Keep consistent rules. Both parents need to have the same set of rules for the child. Routine and structure is important, so you need to be on the same page.
  • Be aware of the challenges. Even if co-parenting appears simple up front, there are many challenges that await. You must be ready for anything that comes your way.
  • Take a step back if you become upset. It's never a good idea to have a conversation with your ex-spouse when you are upset about something. Take a breather and revisit the conversation once you calm down. You'll be glad that you did.
  • Be willing to adapt. What works today may not work tomorrow. And what works tomorrow may not work a year from now. Both parents need to work together to adapt for the benefit of the child.

Dealing with a mortgage in divorce

If you decide to move forward with divorce, you'll eventually need to turn your attention to the division of assets and liabilities.

The family home is one of the more difficult types of property to deal with. On one side of things, this can be the most valuable asset that a couple owns. Conversely, with a mortgage in place, there is still debt attached to the property.

Florida parents still having trouble collecting child support

Florida parents attempting to collect overdue child support are still due over $1 billion dollars according to a recent Orlando news team's investigative report. The Florida Department of Revenue Child Support System admits to still trying to collect that money, even though it claims to have a collection rate of nearly 82 percent.

According to officials with the FDR, it has more than a half-million cases. Some involve parents with more than one child support case.

How to decide if divorce is right for you

If for any reason you begin to ponder divorce, you need to take a step back to better understand what is going on. Even if you opt against moving forward, there's a reason why you're thinking about this.

Here are several ways to decide if divorce is right for you:

  • Put yourself in the other person's shoes. Remember this: The marriage has to work for both individuals in order for it to be successful.
  • Be patient. Divorce isn't something you want to rush. Take the time to review your situation and learn more before you move forward.
  • Try to find a solution. Before opting for divorce, try to find a solution that allows you to keep your marriage alive. For example, counseling may be the answer.
  • Focus on your health and well-being. If you are unable to live a healthy life as a married couple, it may be time to move on. Your health is more important than anything else.
  • Consider what's best for your children. Is your marriage taking a toll on your children? If so, you have to strongly consider a change.

How should you prepare for divorce court?

If you are unable to resolve your issues through mediation, there will come a day when you need to spend time in divorce court. There is no way around this, as it's the only option left.

While no two people are the same, there are a few things you can do to ensure that you are prepared for your day in divorce court. Here are some top tips:

  • Know what to expect. This is based largely on your personal situation and the state in which you live, but it's a good idea to have a clear understanding of how the process will unfold.
  • Be prepared with the necessary information. If you think something will work in your favor, it's best to take it along with you.
  • Choose the right attorney. It's a good idea to have a qualified family law attorney by your side, as this person can keep you on track and help you make the right decisions.
  • Keep a level head. As frustrated as you may be, you don't want to lose your cool in court.
  • Keep an open mind. You have an idea of what you want to accomplish, but things don't always work out that way. When you keep an open mind, you'll find it much easier to put your divorce in the past.

Important things to include in a parenting agreement

Did you know that many child custody cases can be worked out before it goes to court? This is something you should strive for as you move through the divorce process.

Although it can be a challenge to negotiate with the other parent, especially if you are not getting along, remember this: You need to do whatever is in the best interest of your child.

Questions to help you decide if you need a prenuptial agreement

Many people believe that a prenuptial agreement is only for wealthy individuals. This is a myth, as anyone can use this legal document to protect his or her current and/or future assets.

If you are unsure if a prenuptial agreement makes sense, here are some of the questions that can help you understand if it's something to consider:

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From our law offices in Miami, Florida, we represent clients in North Miami, Miami-Dade County and throughout the South Beach area.

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