Divorce
The goal of any firm is to make divorce as simple and painless as possible so clients can move on with their lives. The divorce process requires considering a number of factors, including division of assets, spousal support, child custody, and child support.
Division of Assets
Dividing the property of spouses during divorce can be quite difficult, depending on how significant the assets are. These assets can include houses, rental property, retirement and pension plans, stock accounts, businesses, and more. If your divorce is contentious, then this can be especially complicated.
Reaching a negotiated settlement speeds the divorce process dramatically and can result in significant savings in legal fees. In cases where you can’t come to an agreement, the court is going to use its judgment to impose a resolution. While courts strive to be as fair as possible, that takes much of your future family and financial life out of your hands.
There are also state laws to consider, particularly the difference between non-marital and marital property. Property acquired during the marriage is usually considered Marital Property regardless of which spouse owns or has title to the property. State laws vary greatly in how Marital Property is treated (especially between Community Property & Equitable Distribution States), so consulting a qualified attorney is critical; the rules and laws in Florida can be very different if you are familiar with divorces in a different State. Florida is an equitable distribution State.
On the other hand, in general, non-marital or separate property includes any property that was owned by either spouse prior to the marriage; an inheritance received by the husband or wife (either before or after the marriage); retirement accounts that were acquired in whole or in part prior to the marriage; and gifts received by the husband or wife from someone else. However, certain actions by the spouse can turn something non-marital into marital property.
Spousal Support (Alimony)
Spousal support is also a consideration when it comes to the division of assets. Did you know that permanent alimony is no longer allowed to be awarded here in Florida? Some divorces may be “grandfathered” into permanent alimony, but there are now specific types of alimony awarded in Florida on a periodic or lump sum basis. These types of alimony are:
- Temporary alimony – alimony awarded to sustain a spouse, usually only while the divorce is pending
- Bridge The Gap alimony – alimony to allow a spouse to transition from being married to being single again
- Rehabilitative alimony – alimony to allow a spouse to receive training or education to allow them to provide for themselves
- Durational alimony – a catchall alimony for situations that do not fit the other types of alimony which provides support for a set period of time
The purpose of alimony is to help the receiving spouse maintain financial stability after a divorce. In general, courts award alimony in an amount that is “fair” under the circumstances and that the law requires.
The first consideration is whether the requesting party needs alimony, and if the proposed paying party can afford it. Once that is established, some considerations include the length of the marriage, the standard of living established during the marriage, whether one spouse has enough property and income to provide for his or her “reasonable” needs, and whether the providing spouse has enough property or income to meet these needs. Florida Law will also consider certain “hard” limits on the amount and duration of alimony when it comes to durational alimony.
Speak to one of our attorneys today to find out about how to maximize your rights and minimize your obligations!
Child Custody & Support
Child custody and support is more often a point of consideration than spousal support. In cases where there are minor children, issues of child custody and child support are going to be at the core of a divorce agreement.
Depending on the child’s age and maturity level, their wishes may be considered by the court, but the ultimate consideration is what is in the best interest of the child or children. In many cases, divorcing couples can reach an agreement for joint custody that works best for their family.
Child support is an ongoing payment made by a parent for the financial support of a child after a divorce or the end of another relationship. Depending on the state, the parent who has custody of the children is paid by the non-custodial parent. In the case of equal timesharing, the parent with the higher income generally pays child support.
Child support and custody can be a contentious issue in a divorce, and an attorney with expertise in divorce and family law can guide the parties to amicably resolve these matters.
Other Methods of Resolving Conflicts at Divorce
There are ways to resolve divorce conflicts outside of the courts. There are three basic methods including negotiation, mediation, and a new approach known as collaborative divorce.
Put simply, negotiation involves the parties working through a dispute until it is resolved. While divorcing spouses can do this on their own, lawyers can and do play a role in these negotiations. It can be extremely difficult to know whether a given resolution is a “good” or “bad” deal, would a court decide on a similar basis, whether it is legal, or what pitfalls can come from a given resolution unless you have the extensive experience necessary to be able to say.
Mediation, on the other hand, is a form of negotiation that involves a neutral party known as a mediator. A mediator is not a judge or an arbitrator and does not make decisions or issue rulings, but instead is a neutral intermediary who works with both spouses to resolve legal disputes, communicate more effectively and ultimately reach an agreement. Most parties getting a divorce in Florida are required to try to mediate before proceeding to trial.
Finally, in a collaborative divorce, each party has an attorney who assists in the negotiation by acting as an advocate for their clients, often alongside a mediator, financial advisors, and/or therapists. Both spouses and attorneys must agree in writing that they will not take the case to court so that the attorneys are incentivized to settle the case out of court.
The Bottom Line
In divorces, the issues are complex alone, but the difficulty is increased by the emotions involved. In the end, a successful divorce is one that can be resolved quickly, efficiently, and fairly so that the parties can move on with the next chapter of their lives, and this requires attorneys like those at Downyok & Downyok, P.A. with the expertise and compassion to make it happen.
