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Miami Divorce Law Blog

Do these things before asking for a divorce

If you've come to the conclusion that divorce is the best solution to your marital problems, don't hesitate to dive into the finer details of the process. The more you learn the easier it becomes to move forward without making costly mistakes.

Here are four things you should do before asking for a divorce:

  • Learn more about the process: There is more to the process than telling your spouse you want to divorce. For example, learn more about divorce mediation, property division, child custody and child support.
  • Make a list of your assets and debts: This allows you to prepare accordingly, while also avoiding a situation in which your soon-to-be ex-spouse hides assets or uses a joint credit card or loan for personal gain.
  • Consider the impact on your children: If you have children together, think about how it will impact them now and in the future. This will allow you to prepare accordingly.
  • Plan for the future: Divorce will change your life in many ways. For example, you may need to find a new place to live. This will also impact your financial situation, especially if you weren't working while married.

Challenges when adjusting to the summer schedule

As the summer months approach in Florida, parents who have a child custody agreement will have to determine the best way to approach their plans. It can be difficult to handle this type of situation because the weeks when school is out of session are the ones when the normal schedule changes and you have to figure out how to make schedules work.

Child custody orders usually include specific information for how to handle the summer months and other school breaks. Because of this, reviewing the child custody order before you make plans is a good idea. Preparing for the changes might help you to feel a bit less stress.

Follow these child custody exchange tips

Sharing custody with your ex-spouse may not be easy, but it's often in the best interest of your children. When it comes time to exchange custody, it's natural to have some nervous feelings.

Here are four tips you can follow to avoid an argument:

  • Show up on time: If you continually show up late, without a reason, you're going to anger your ex. It's best to show up on time, if not a little bit early.
  • Bring someone with you: If you have concerns about your safety, ask a friend or adult family member to accompany you. This holds true no matter if you're dropping off or picking up your children.
  • Exchange custody in a safe place: There are many options, such as a local police station or your child's school or day care. Not only does this enhance your safety, but it will give you peace of mind.
  • Settle on a schedule that works: Once you find something that works, such as exchanging custody in a particular location, stick with it. With the same schedule in place for each exchange, it's easier to stay on track and to avoid a mistake that causes an argument.

Top tips for managing marital property

It doesn't matter if you're happy in your marriage or considering a divorce, it's critical to have a clear understanding of how to best manage marital property. With the right tips guiding you, it's easier to avoid a mistake that could cost you money in the future.

Here are four tips for the more efficient management of marital property:

  • Consider a prenuptial or postnuptial agreement: Either way, you're able to make it clear which property isn't subject to division in divorce.
  • Maintain accurate financial records: For example, if there is property you want to keep separate, be sure that it's independent of your marital assets. Being able to prove this in your divorce is important.
  • Nonmarital property can increase in value: Depending on the property, your spouse may be able to stake claim to the increase in value if you decide to divorce.
  • Only use nonmarital property to purchase assets that you want to remain separate: For example, if you're purchasing a classic car that you want to protect in a divorce, be sure to purchase it with separate funds that you brought into the marriage. And again, document this to the best of your ability.

What can you expect from a divorce mediator?

It's natural to have some reservations as you inch toward divorce mediation. On one side of things, you're happy that you're finally taking action to put your marriage in the past. On the other side, you may have some concerns about how the process will shake out.

A divorce mediator is specially trained to help divorcing couples resolve a variety of issues, such as those pertaining to:

  • Property and debt division
  • Child support
  • Child custody
  • Spousal support

Divorce, child support and summer camp: Start planning now

Summer camp is almost certainly a rite of childhood for many -- and it can definitely enrich a child's life. Nowadays, there are summer camps that are designed around nearly every possible interest -- from plain old camping to computer coding, gaming, art, music and more.

But, for divorced parents, the cost of summer camp can be an issue. Not only is there the additional expense -- there are the inevitable negotiations with your ex-spouse about who will pay for what. Unfortunately, it's already time to start those negotiations -- because the end of the school year will be here before you know it.

What questions do children ask about divorce?

You'll have many concerns as you move into the divorce process. While some are easy to deal with as they come up, others are much more complex. For instance, telling your children about your divorce is easier said than done.

Once you lay everything out on the table, you should expect your children to have questions. If they don't, encourage them to share their feelings with you. The last thing you want is for your children to keep their true feelings bottled up inside.

What is the value of a postnuptial agreement?

If you miss out on the opportunity to create a prenuptial agreement, you may assume that you're out of options and have to hope for the best. Fortunately, this isn't the case. You have the opportunity to create a postnuptial agreement.

A postnup is similar to a prenup. However, a postnup is created after you tie the knot.

Equitable distribution: Factors the court considers

Divorce will bring to light many questions regarding property division and equitable distribution. It's a common mistake to assume that equitable distribution results in a 50/50 split.

In the event of mediation, the distribution of property is subject to negotiation by the divorcing individuals. If your case moves to family court, the judge will review your situation and make decisions based on factors that include:

  • Duration of the marriage
  • The financial needs of both individuals
  • The financial liabilities of both individuals
  • Which spouse has physical custody of any children
  • The earning potential of both individuals
  • The amount of money each person contributed to the property
  • Nonmonetary contributions, such as if one parent stayed home to raise your children
  • Age and health
  • Total value of separate property
  • Child support obligations
  • Spousal support obligations

How long does divorce mediation take?

When you first begin to think about divorce mediation, it's easy to assume that it'll never work for you. However, even if you're in the middle of a nasty breakup with your spouse, you may find that mediation is the best way to have your voice heard.

There are many factors that determine how long divorce mediation takes, such as:

  • The willingness of both individuals to negotiate and compromise
  • The complexity of your assets and debts
  • If you have any children together

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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