Pacheco Perez P.A.

Miami divorce law blog

Florida man has children removed after break-in at his home

There may be no more contentious and emotional part of a divorce than working out the details of child custody and time spent with children. Couples in Florida have often been able to work out the division of assets and material possessions before coming to loggerheads over where the kids live.

But the biggest losers in a divorce are often the children, who bear the brunt of the effects without having any choices in the matters that govern their lives. This is why family courts in Florida are empowered to rule in favor of the children's apparent best interests.

High-asset divorce of pizza chain founder includes Naples condo

The emotional consequences of divorce are well-documented, as it can be one of the most stressful events in a person's life. Divorces involving a large number of marital assets can be especially problematic, as the division can become the points of contention when things are otherwise going smoothly.

Marital assets are often defined as the properties, money and other possessions that could be claimed by either spouse. It generally excludes anything that one spouse could claim and another could not, like an individual inheritance or something that was long in possession of one spouse before the marriage.

Can marital agreements make it easier to get divorced?

Marital agreements can offer couples many benefits, both in divorce and in marriage. Although these documents don't seem very romantic, when used correctly, they provide couples with guidelines on how to address financial matters. As you might expect, this can be just as valuable when divorcing as it can be in a healthy relationship.

A premarital agreement is the most well-known marital agreement. Couples sign such a document before they get married. If they are already married, couples can choose to draft a postnuptial agreement instead. A postnup addresses similar issues such as defining each spouse's financial obligations and detailing how to manage each spouse's debt.

Information for grandparents considering adoption in Florida

Caring for a child is not always an easy task, especially for parents who are struggling with other issues. For example, parents with a history of drug or alcohol addiction may find parenting especially difficult. In many cases, grandparents are there to step in for one or both parents and continue caring for the child.

In Florida, grandparents can take responsibility for a grandchild without having to face too many challenges. These are typically uncontested adoptions that proceed more smoothly than adoptions by adults unrelated to the child. For example, most adoptions require one or more home investigations before finalization. By contrast, the state usually waives this requirement during uncontested adoptions by relatives.

Putting a fair price on your rental real estate before divorce

Running a business with your spouse can seem like a great idea. Many couples work together to develop a viable business plan and build a viable revenue stream for their families. Real estate investing remains a popular way for those with liquid capital or great credit to invest and generate an ongoing stream of income.

By purchasing properties and fixing them up or preparing to rent them to tenants, you provide a much-needed service to your community while generating substantial income with which to support your family. Unfortunately, your entrepreneurial spirit may very well complicate your divorce.

Marital agreements: Creating an effective postnuptial agreement

You probably already know a good deal about the prenup, which is an informal term for a prenuptial agreement or contract. If you are already married, it is too late for a prenup, but you can still create an effective contract for you and your spouse. Like the prenup, marital agreements entered into after marriage can help to protect your rights if you and your spouse decide to get divorced.

As with all legal documents, attention to detail is important in a postnuptial agreement. You must also take steps to make certain your agreement is enforceable under Florida's marital laws. Below you will find information to guide you through the process of creating a postnuptial marital agreement. You can write a draft of your agreement on your own, but it is wise to seek guidance to make sure it is effective as well as legal.

Tips for timesharing and custody after a Florida divorce

Without a doubt, child custody issues concern divorced parents more than anything else does. Both parents want nothing more than to have happy, healthy kids once their divorce is complete. At the same time, each parent worries that the other parent is falling short in caring for the kids. It is a terrible circle of worry and relief that can wear down an individual physically and emotionally.

As parents ourselves, we understand how timesharing and custody matters continue to plague divorced Florida parents. Our attorneys want to help you overcome these issues so that you can be happy right alongside your kids. In our years of practice, we have learned what can work in some timesharing situations and we would like to give this knowledge to our readers.

Dealing with stress during a hostile divorce

No divorce is an easy or enjoyable process. However, some divorcing spouses can work together amicably to get a mutually beneficial result. Other spouses struggle due to the hostile relationship that they have, and this can make the divorce process even more difficult.

If you are feeling anxious and stressed because of the hostile behavior of your divorcing spouse, it is a good idea to reflect on how you can improve the situation. While we can never control how other people act, we can control the way that we react to the situations in front of us. The following are some tips for dealing with the stress that comes with divorce.

Is the division of debt actually a part of divorce?

Divorcing couples are typically concerned with dividing assets in the fairest manner. Reaching a successful compromise can be challenging depending on various factors centered on the financial history of the marriage and the marital assets acquired over the duration. In recent years, however, couples have started to recognize the importance of carefully navigating a compromise focused strictly on determining who takes over which marital debts.

Reasons to consider a prenuptial agreement

The unfortunate truth is that divorce has become extremely common in the United States. This trend has been consistent for the past couple decades and does not appear to show signs of changing anytime soon. With the divorce rate figures being what they are, it is important to consider ways to protect yourself if a worst-case scenario occurs in your marriage.

Prenuptial agreements have the ability to provide you with the protection you need.  It may not be fun conversation to have with your significant other but considering a prenuptial agreement may be in your best interest for the following reasons.

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