Miami Divorce Law Blog

You can’t include these things in a prenuptial agreement

On behalf of Pacheco Perez P.A. posted in Prenuptial Agreements on Thursday, February 14, 2019.

When creating a prenuptial agreement with your partner, it's easy to believe you can include anything you want as long as both of you agree. However, there are laws in place that restrict what you can and can't include.

Here are some things that you should never attempt to include in a prenuptial agreement:

Anything illegal: If it's against the law, you are not permitted to include it in your prenuptial agreement.
Details regarding child custody or child support: It seems like this would be a natural provision for a prenuptial agreement, but it's not permitted. The court has the final decision when deciding who gets child custody and whether or not one parent will pay child support.
Language encouraging a future divorce: For example, including a financial incentive to file for divorce is a big no-no, as it may give one person a reason to go down this path.
Personal matters: You can't include personal matters in a prenuptial agreement, such as where you will spend holidays and who will do what chores around the house. A prenuptial agreement should be created with financial issues in mind, not those related to your personal life.

Don’t say these things to your children after your divorce

On behalf of Pacheco Perez P.A. posted in Child Custody on Friday, February 8, 2019.

Co-parenting can be challenging on many levels, as it may not be something you have experience with. Furthermore, there's a good chance that the other parent may not be making life easy on you.

While you don't have control over your children's other parent, you do have full control over the decisions you make. As tempting as it may be, there are some things you should never say to your children after your divorce:

Would you rather live with me or your father (or mother)? This puts your child in an awkward position, while also giving them the impression that there's something wrong with their other parent.
Do you really like spending time with your father (or mother)? Don't try to talk your children out of the fact that they enjoy spending time with their other parent. This is what you want.
It's okay to tell me who your father (or mother) is dating: It may be something you want to know, but asking your children for feedback is not the best way to go about learning more.
Don't tell your father (or mother): If you don't want your children telling their other parent something, there's a good chance you shouldn't do it in the first place.
That's why we got a divorce: Your divorce is in the past, so there's no point in bringing it up to your children. It'll only bring back bad feelings, and that's exactly what you're trying to prevent.

Don’t expect these things from divorce

On behalf of Pacheco Perez P.A. posted in Divorce on Wednesday, January 30, 2019.

There may come a time when you realize that no matter what you do, there's no way to fix your marital problems. This will lead you toward the divorce process and everything that goes along with it.

Divorce can help with many things, including but not limited to property division, child custody and visitation, child support and alimony.

How Florida courts handle investment real estate in divorces

On behalf of Pacheco Perez P.A. on Saturday, January 26, 2019.

There is a popular saying that more money means you have more problems. That is often the case in Florida divorces, particularly when you and your spouse share complex assets. Complex assets may not have a clear price, although they may obviously hold significant value.

They may also have more complicated forms of ownership that make it difficult to divide them evenly in the event of a divorce. Investment real estate is a perfect example of complex assets. The courts may handle investment properties somewhat differently than they do your primary home.

Visitation after divorce: Follow these tips

On behalf of Pacheco Perez P.A. posted in Child Custody on Thursday, January 24, 2019.

Visitation with children after divorce is never quite as simple as it sounds. This holds true no matter if you're the parent with physical custody or the parent who has been granted visitation rights.

Fortunately, once you have a system in place that works, you can stick with it to improve the likelihood of everyone remaining on the same page. Here are several tips that can help:

Keep a positive attitude: If your children get the feeling that you're not okay with the visitation schedule, you can rest assured that they'll fall into the same trap. A positive attitude is a must for all parties involved.
Stick to the schedule: A visitation schedule should not be considered a guideline, but instead, the law. If you must make a change, first double-check with the other parent.
Don't argue in front of your children: If you have a problem to discuss, do it when your children are not around. For instance, you may take issue with the other parent missing out on a scheduled date with their children. It's best to discuss these types of things without your children in the room.
Encourage communication during visits: Maybe your child wants to call their other parent while visiting with you. Don't tell them no. Instead, encourage them to make a call or send a text message.

Should you try to save your marriage?

On behalf of Pacheco Perez P.A. posted in Divorce on Tuesday, January 15, 2019.

If your spouse asks for a divorce, there's no way of knowing how you'll react. Some people are able to take it in stride, especially if they feel the same way. Others, however, don't want to give up so easily. Instead, they desire to save their marriages.

If you want to save your marriage, here are several things you should immediately do after your spouse asks for a divorce:

Take action. Implement a plan for taking positive steps, as the longer you wait, the greater the chance that your marriage will end in divorce.
Don't place blame. Forget about what happened in the past and focus on making things better in the future. Playing the victim won't get you anywhere.
Talk things out. Don't assume you and your spouse are on the same page. Tell them you understand their stance, and then share information on the steps you want to take.
Talk about the past. You can't change the past, but you can talk about it so it doesn't continue to pose problems in the future.
Get help. If you're unable to work through things on your own, it's a good idea to sit down with a marriage counselor. They may have some ideas to help you get your marriage back on track.

3 easy ways to eliminate credit card debt before your divorce

On behalf of Pacheco Perez P.A. posted in Property Division on Thursday, January 10, 2019.

You have decided to divorce and realize that you have plenty of joint credit card debt to work through. While this can add a challenge to the process, it shouldn't stop you in your tracks.

Here are three easy ways to eliminate credit card debt before your divorce:

Pay it off together: If you're both on the same page in regards to eliminating your credit card debt, take money from savings to take care of it once and for all.
Separate it: If you don't have the money or desire to pay off the debt all at once, use balance transfer credit cards to your advantage. This allows you to move half the debt into a credit card that is in your name only. Your spouse can then do the same.
File for bankruptcy: It's a big decision because bankruptcy impacts more than just your credit card debt. However, if you qualify, you can eliminate your credit card debt along with many other liabilities that may be dragging you down. Just make sure you understand the overall impact on your finances.

What do your children want to know about your divorce?

On behalf of Pacheco Perez P.A. posted in Divorce on Wednesday, January 2, 2019.

When going through a divorce, you'll focus a large portion of your time on your personal well being. From organizing your finances to setting goals for the future, there's a lot to think about.

If you have children, you need to put their thoughts and feelings at the top of your priority list. Neglecting to do so can have a negative impact on their life, both now and in the future.

How to ask for a divorce in 2019

On behalf of Pacheco Perez P.A. on Monday, December 31, 2018.

With the holidays in the past and the new year in full swing, it may be time to take a strong look at the health of your marriage. If you've long been thinking about divorce, the start of a new year may be the best time to take action.

There's more to asking for a divorce than sitting your spouse down, sharing your thoughts and hoping that everything works out. A clear and concise plan will go a long way in saving you time, reducing stress and helping you work toward a better life in the future.

How a divorce can change your life for the better

On behalf of Pacheco Perez P.A. posted in Divorce on Friday, December 28, 2018.

When thinking about divorce, even if you're in a difficult or abusive relationship, you may worry about life after the split. What will it be like to be out on your own? Can you make things work financially? Are you ready for this chapter in your life?

These are good questions to ask, and you need to know how to move forward. But it's also important to note that there are some very positive sides to divorce and ways that it can change your life for the better!