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Fort Myers Divorce Law Blog

Factors to weigh when dividing up investments in divorce

The prospect of splitting up your assets during a divorce is never easy. Dividing up investment portfolios can be even more challenging than dividing up sentimental items, cars and a home. There are many reasons why this is often a complicated process.

One of the reasons why dividing investment accounts can be complex is that there's no one way to do it. It varies depending on the financial instrument involved.

When can you withhold your child from visitation?

A Florida family law judge's primary responsibility in child custody cases to make decisions that they believe are in your son or daughter's best interests. Many of them take this to mean that they should only approve parenting plan orders that allow both you and your ex to spend equal amounts of time with your child. If there's an existing visitation order in place and something happens that makes you uneasy about turning over your child to their other parent; then you'll want to be cautious about handling the situation. If you're not, then you may unnecessarily expose yourself to legal liability.

In some jurisdictions, moms and dads may not have to turn over their child to their other parent if they're aware that they haven't adequately secured weapons or due to some other dangerous in-home living arrangement situations. Similarly, you may need to withhold access to your child if you suspect physical or sexual abuse in the other parent's household.

What rights you have if your ex violates your divorce decree

One of the final steps in finalizing your divorce is for a Florida family law judge to enter their final decree. Either spouse who violates this order may face contempt charges. It's not uncommon for a husband or wife who fails to turn over property, pay alimony or child support or violates custody orders to face contempt charges. Spouses can avoid such criminal penalties by merely negotiating better settlements or seeking modifications in their divorce cases if problems arise.

If you're having difficulty getting your ex to abide by your Florida judge's order, then you may want to speak with your family law attorney about filing a contempt motion against them. You need to prepare yourself to show proof that your ex violated the court order.

What should you remember if you're leaving an abusive marriage?

Making the choice to leave an abusive relationship isn't easy. In some cases, you'll have to think about children, which can make things even more complicated. Many people assume that this is as easy as just walking away or changing the locks; however, things are rarely that easy.

There are many things that individuals might have to think about when they're trying to get out of this type of situation. If you aren't in physical danger, you may have time to plan your escape.

Know the difference between a mediator and parenting coordinators

It's common for divorcing spouses to have difficulty coming to terms with having to split up their time with their kids. Custody is one factor, aside from alimony, property division and child support discussions that can hold up a divorce. It's if you two seem unable to work out an amenable solution between the two of you that your attorney may recommend that you bring in a parenting coordinator to help you resolve your differences to move forward.

Parenting coordinators are much like divorce mediation attorneys in that they're impartial third parties. Both types of professionals have an obligation to listen to both you and your spouse's or parent's concerns.

Questions your lawyer will ask as part of your high asset divorce

Suppose you're fortunate enough to own multiple cars, luxury cars, art collections, expensive jewelry and other valuable assets. You've probably worked very hard to earn enough money to buy those assets. You probably want to avoid losing them at all costs. Holding on to them can be difficult if you're facing a divorce. If you're fortunate, then hopefully, your divorce lawyer will find that there are specific steps you took pre-marriage to preserve your assets if you were to divorce on down the line. If they do, then this could save you significant headaches in your Fort Myers divorce case.

One of the first things that your divorce lawyer will ask you about in the wake of your split is whether you signed a prenuptial agreement with your spouse before walking down the aisle. It may likely include details about potential alimony that you agreed to pay, the ownership of different assets and other potentially financially-draining money matters when you and your attorney drafted it.

Mediation may help you avoid contempt charges in your divorce

One of the last steps a judge takes in a divorce case is entering their final decree. Any spouse who violates any portion of this order may face contempt of court charges. There are both civil and criminal penalties associated with doing this.

You may be able to file a contempt motion with the court the moment your former spouse violates any part of the divorce decree. You must clearly state what portion of the court's order that your ex-husband or wife violated when filing such a motion. It's your burden, as the person who filed the contempt of court motion, to prove the veracity of the allegation(s).

What parental alienation is and how it can impact child custody

Couples generally aren't on good terms when they break up or divorce. Emotions can become skewed and contorted when there are children involved. Some parents may even be so vengeful that they engage in the act of parental alienation.

Parental alienation is when a mom or a dad purposely attempts to turn their child or children against the other parent. They may convince their son or daughter to falsely accuse their parent of domestic violence or child abuse. One parent may continually tell the children negative things about the other one. The son or daughter may grow increasingly distant and not want to see their other parent due to this.

What expenses do spouses often forget when requesting alimony?

If a judge has ordered you to receive alimony, you may think that what you'll receive will remain the same for the foreseeable future. While that's likely the case, changes in your ex's life circumstances may result in a modification of support in the future. It's essential that you do a good job of documenting your expenses the first time around in case your needs and your ex's ability to pay change down the road.

Sometimes, people may forget or neglect to mention certain expenses. You may not be aware of how much you are regularly spending. You may make many random cash withdrawals or pay tips at restaurants that can quickly add up. You should keep track of these to get a better idea of how you spend these funds.

What to consider before seeking a collaborate divorce

The process of divorce has a reputation for being stressful, unnecessarily lengthy and expensive. While this can be the case for some divorces, the negative aspects of divorce can be effectively avoided when both spouses are willing to work together and collaborate.

For this reason, collaborative divorces have become increasingly popular in recent years. They help to preserve an amicable relationship between divorcing spouses while keeping costs low and minimizing toxicity and stress. If you're interested in going through a collaborative divorce, first conduct thorough research to make sure it's right for your situation. The following are some things to consider before seeking a collaborative divorce.

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

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