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Miami Divorce Law Blog

How will you prepare to tell your child about your divorce?

If you have a child with your soon-to-be ex-spouse, there may come a time when you have to discuss the divorce process with him or her (depending on his or her age).

There are many things you need to say and do, so it's important that you take the right approach from the start.

Follow these legal tips before signing a prenuptial agreement

Are you thinking about signing a prenuptial agreement? Are you concerned that you could be making a big mistake? Do you worry that you could do something wrong along the way?

Once you clear the air and are sure that it makes sense to move forward, there are a few things you can do from a legal perspective that will put you in an even better place. Here are some ideas to consider:

  • Work with an attorney. This will help ensure that the prenuptial agreement is legally binding, and that you are not making any mistakes that could work against you in the future.
  • Take your time. You shouldn't rush into a prenuptial agreement. You need to review the terms and conditions in great detail to ensure that you understand exactly what it means.
  • Videotape the signing of the prenuptial agreement. This will go a long way in proving that both individuals signed at will, as opposed to under duress.

What is sole custody of a child?

If you decide to divorce and have a child with your soon-to-be former spouse, you probably want to learn as much as you can about custody.

One of your biggest fears is losing your right to spend time with your child in the future. While sole custody isn't common, you should learn more about this as your divorce moves forward.

Tips to follow when asking for a prenuptial agreement

Asking your partner for a prenuptial agreement is easier said than done. Even though you may realize that this is in your best interest, it's not always simple to bring the topic to the forefront.

There are many tips you can follow when asking for a prenuptial agreement, including the following:

  • Give yourself plenty of time. You need to start the conversation as soon as possible, hopefully several months before your wedding day. This gives you enough time to work through the finer details.
  • Talk about the terms together. Just because you are the one who brought up a prenuptial agreement doesn't mean that the other person will simply sign on the dotted line. It's important for you to work together on the terms and conditions. This will ensure that both individuals are happy with the agreement in the end.
  • Keep an open mind. Even though you may have some ideas about why you need a prenuptial agreement, your partner may not feel the same way. You should keep an open mind as you discuss this agreement and how to best move forward.

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.

Contact Our Miami Divorce Lawyers — Let Us Evaluate Your Legal Matter

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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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