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Miami Divorce Law Blog

Summer vacation can lead to child custody trouble

Children all over the country look forward to taking a summer vacation. From the time in the car to fun in the sun, they know they'll enjoy every last minute of their trip.

Unfortunately, as a parent, you could run into custody issues as you plan a vacation with your child or children.

Are you doing these things to better communicate with your ex?

As you go through a divorce, you'll begin to think about what the future will bring in regards to communication with your soon-to-be ex-spouse.

If you don't have any children together, there may be no reason to communicate. However, if you have at least one child with the person, successful co-parenting is an absolute must. This is where the right communication strategy comes into play.

Will you make these mistakes after divorce?

Many people are so concerned about life after divorce that they're afraid to actually push forward with the process. Subsequently, they remain in their marriage despite the fact that it's not the best decision for them.

If you come to realize that divorce is the best way to take control of your life, you should learn more about the process and your legal rights. You should also immediately turn your attention to the things that will change after divorce, as this will give you enough time to get everything in order.

Parental relocation presents many custody challenges

When you share custody of your child with another parent, there is always the possibility that one or both of you may need or want to move to another area, possibly significantly away from your current residence. In Florida, you may not simply take a child and move away, especially depending on the distance that you wish to move and if the transition takes you across state lines.

Should you or your child's other parent wish to move more than 50 miles from you current residence, then you must either acquire the permission of the court to do so or reach a written agreement with the other parent that expressly condones the move. Even then, a written agreement by parents may still require the approval of a court after a review of the agreement's terms.

Family law matters and mediation: Just what you need

While you may have every reason to believe your family law matters will end up in court, here's something to remember: The state of Florida expects you to do whatever you can to resolve all disputes out of court, such as through mediation.

Even though you may be unfamiliar with formal mediation, you'll come to find that it's a great way to save time and money, while also eliminating some of the emotional stress.

Things to do leading up to divorce

There is no worse feeling than knowing that a divorce is imminent. Even if you know it's for the best, there's something about having this hang over your head that can cause more stress than you ever thought possible.

Despite the fact that divorce can be one of the most difficult times of your life, there are steps you can take leading up to the process that can ease the pain. Here are a few things you absolutely need to do:

  • Decide once and for all if you still have feelings for your spouse. If you do, divorce may not be the right answer just yet. If you don't, you can be confident in your decision to push forward.
  • Get serious about moving forward. Divorce is a big deal, so you should never use it as a threat to get what you want from your spouse. Once you know that divorce is the right answer, you need to take action.
  • Get all your details in order. Do you have a property division checklist? Have you opened a separate bank account? Do you know what to expect legally as the divorce process unfolds?

What can you do to save your marriage?

Regardless of what has happened in the past, you may have the desire to save your marriage and to spend the rest of your life with your spouse. Of course, this is easier said than done if you've been dealing with a rough patch as of late.

Fortunately, there are some simple steps you can take to put yourself on track to saving your marriage. Here are a few ideas to consider:

  • Don't play the victim: Both individuals are in position to make things right, so you shouldn't sit back and play the victim, regardless of what your spouse has done. Instead, you need to search for ways to make things right.
  • Compromise: Is there something in particular that is putting a strain on your marriage? Is there a compromise that works for both individuals? You need to discuss this, as there may be some middle ground that makes you both happy.
  • Spend time apart: Many people feel like divorce is the only answer because they never have the alone time they need to recharge. By spending time apart, you can put this issue to rest.

A parenting agreement can answer these important questions

As you move through your divorce, it will only be a matter of time before you discuss matters of child custody (if you have a child with the other person).

While you have one set of ideas, there's a good chance your ex-spouse has something else on his or her mind. This is why you need to be prepared for anything that could come your way.

Warning signs of divorce: Are you seeing these?

If you're having any trouble with your marriage, it goes without saying that you're going to think about what the future will bring. This may lead you to focus in on divorce, as you may have reason to believe that this is the only way out.

Here's the good thing: There are steps you can take to save your marriage, such as going to counseling. Conversely, there are times when no matter what you do, you are unable to make progress.

What typically happens to the family home in Florida divorces?

For many couples, the family home is the single biggest asset acquired during marriage. When couples divorce, that home can often be a major point of contention. Both spouses want to ensure they receive a fair share of the home. Sometimes, both spouses want to retain possession of the home. Other times, they just want to ensure that their portion of equity is appropriate, given their investment in the property.

Even if you have a prenuptial agreement on record, there is no way to predict how the courts will rule on possession of the home. The courts may not uphold any clause in a prenuptial agreement that unfairly favors one spouse. They can also adjust proposed asset division terms to reflect the current situation of the couple. Knowing Florida law about divorce and the division of assets is the best way to predict what will happen to your home.

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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