Thompson Family Law, P.A.
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Fort Myers Divorce Law Blog

Mediation isn't an ideal way to resolve every divorce

Contrary to popular belief, not all spouses that decide to divorce actually hate each other. Many simply don't feel that same spark that they once did for one another and just get divorced to give themselves something to live for once again. In those cases, couples may simply want to work out a settlement regarding their finances or custody via mediation as opposed to pursuing contentious litigation.

Mediation is best suited for spouses who have little to no power imbalance between them. It's an effective way for them to come to the negotiation table and hash out child custody, property and other potentially contentious matters in a relaxed environment that's refereed by an independent and unbiased third party.

What's the significance of the date of separation in a divorce?

Do you know when you ultimately decided to throw in the towel on your marriage? Did you take any definitive actions once you decided that you'd had enough? These are some questions that your attorney may ask of you in order to better hone in on a date of separation (DOS) in your divorce case.

One reason that establishing a DOS is important is that the date ultimately becomes a defining line that helps a judge determine what property and other assets you're entitled to when you divorce.

Does wealth help keep couples from divorcing?

Many of us are conditioned to believe that money has the potential of resolving our problems. However, researchers with the American Academy of Matrimonial Lawyers have concluded that divorce rates increase when the economy is doing well and the more money that a couple makes.

The researchers relied on a number of previous studies including a survey conducted by SunTrust Bank that showed that the higher the net worth a couple has, the more likely that they are to divorce. Of 2,000 adults polled by the bank, 35 percent admitted that financial woes threatened their relationship with their partner.

Family law judges see an uptick in last-minute divorce filings

The months following the holidays are generally busy for divorce attorneys as many couples spend time together and realize that they just don't mesh anymore. This year, though, there's a final rush right before the year ends for a whole other reason. Many couples are looking to finalize their divorces before Jan. 1 in hopes that they won't be impacted by the changes to alimony that the new Tax Cuts and Jobs Act will bring with it.

Some attorneys polled by CBS News have reported seeing the number of clients pursuing a divorce increase by as much as 400 percent in recent weeks as the Dec. 31 filing deadline nears.

How to choose a divorce mediator

At the start of your marriage, virtually nothing seemed likely to tear you and your spouse apart. As with many couples in the Fort Meyers area, though, the two of you became incompatible over time. Unlike some other divorcing spouses, however, you are neither bitter nor angry. 

If you have no ill will for your soon-to-be ex, you may want to proceed with a collaborative divorce. That approach makes sense for amicable spouses, as there are many advantages to avoiding combative divorce proceedings. The success of your collaborative divorce, however, may depend on the quality of the mediator you choose to help you through it. Generally, effective divorce mediators share the following four characteristics. 

Don't assume your divorce will be over quickly

Once spouses wrap their minds around pulling the plug on their marriages, they often ask how quickly that they can finalize their divorce in their state. There's no one simple answer to this question.

How long it takes to settle your divorce in Florida is contingent upon a variety of factors, many of which are outside of you, your ex's and your attorney's hands.

A collaborative divorce may help couples resolve differences

Although there are some couples who are able to settle their divorces amicably, for others, things have festered far too long for them to be able to do so. Those spouses tend to drag one another in and out of court fighting over just about everything from child custody and support to property division to alimony. Many of them would be better off trying to resolve their differences using collaborative divorce approaches.

In case you're wondering what a collaborative divorce is, it's a process that is more oriented toward troubleshooting and problem-solving whereas litigation is more about fighting and winning. Couples who pursue a collaborative divorce rely upon negotiation and mediation to resolve their differences.

Many divorced spouses are putting their retirement at risk

A new study published by the Center for Retirement Research confirms what many financial analysts have long suspected. Divorce has a way of adversely impacting an individual's current and future financial situation. The researchers working on this latest study determined that it's unlikely that many spouses who divorce moving forward will be able to continue to fund their current standard of living once they retire.

There are a number of expenses that a divorcing spouse will have to foot the bill for soon after they decide to end their marriage.

The Tax Cuts and Jobs Act will change how alimony is handled

Come Jan. 1, the Tax Cuts and Jobs Act will go into effect. Once it does, an alimony-paying spouse will no longer be able to take a tax deduction for making such a payment on their yearly tax filing.

Up until this act was passed last year, paying spouses had been allowed to a deduction for the amount that they paid for several decades. The Internal Revenue Service (IRS) required the recipient spouse to declare any monies received as taxable income in return.

How nesting impacts your children after divorce

Nesting is a unique custody arrangement where you and your ex take turns living with your children. The kids themselves never have to move to a different home. If you and your spouse owned the house together when you were married, you may just keep it after the divorce and let the kids stay there.

This arrangement does take more work for the parents. They need to be able to communicate and cooperate, and it can be expensive. However, there are a few very positive ways it impacts the kids.

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Thompson Family Law, P.A.
3949 Evans Avenue, Suite 206
Fort Myers, FL 33901

Toll Free: 888-550-6071
Phone: 239-243-9297
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