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

What role does age play in a family law judge's decision-making?

Florida is an equitable distribution state. This means that your Fort Myers judge will weigh the contributions each of you made to the marriage when deciding how to split up any marital property that you have. They'll also carefully weigh what's in the best interest of your child when making any custody decisions. While family law judges are supposed to only weigh these factors in rendering decisions, the ages of the petitioner and respondent often figure into their decision-making as well.

Age may play a role in a child custody decision that a Fort Myers family law judge renders. This is especially the case if one parent is particularly older than the other. The court may order for a child to remain in the primary custody of the younger spouse if there's some concern that the older one has some mental or physical health problems that may affect their ability to adequately care for their son or daughter.

Reasons any couple may consider a prenuptial agreement

With more families having two spouses work out of the house, there are more assets and considerations than ever before for couples who choose to end their marriage. Given how common divorce is, especially among people who have been previously married, it makes sense for people getting married to want to protect themselves from the devastation of divorce.

While prenuptial agreements were once relatively rare, they are increasingly popular for a number of reasons. Although you may not have thought about whether or not a prenuptial agreement is right for you and your fiance, the truth is that many relationships will benefit from the creation of one of these documents.

Keep this in mind when sharing custody during the holidays

It doesn't matter how long you've been divorced. Spending the holidays away from your kids may become less hard on you over the years, but it still hurts. There are some things that you and your ex can do to make sharing your kids during this holiday season a bit more pain-free for all parties involved though.

While your kids should always be the focus of your attention, it's even more crucial than they are center stage during the holiday season. Family gatherings and celebrations tend to be occasions that leave lasting impressions on your kids as they grow into adulthood. They should remember joyous occasions in which everyone played nice instead of chaotic, dysfunctional gatherings.

Wealthy individuals shouldn't go at divorce alone

If you've known someone that's been through a divorce, then you likely know that it's hard on many different levels. It's quite difficult on a financial level. One of the reasons that it's difficult for divorcing spouses to reach a settlement in their case is because they know that a single misstep may affect you and your family's long-term financial security.

One of the hardest things for divorcing spouses to do is to divide up their property. This is particularly difficult for spouses to do if they have multiple homes or significant funds tied up in stocks.

What do I need to do to relocate out of state with my child?

Florida child custody matters are often complex. A parent who petitions a judge to relocate to another city or state only makes matters worse. Some relocations may be unavoidable for you, but that doesn't mean that a judge will rule in your favor though.

Family law judges often require custodial parents to give written notice to the noncustodial one that they plan to move to another city or state with their shared child. The amount of notice that a mom or dad has to give the other varies depending on the jurisdiction. It can be as short as 30 or as long as 90 days. Custodial parents are required to ample notice so that the child's non-custodial mom or dad has time to challenge the request.

How your tax obligations change once you finalize your divorce

If you're preparing to get divorced, then you've likely already started thinking about factors such as property division. You might not have spent a lot of time thinking about how your divorce impacts your tax obligations though.

Your ability to file a joint tax return with your spouse ends the same year that you finalize your divorce. It doesn't matter whether you settled your case on Jan. 1 or on Dec. 31, the Internal Revenue Service (IRS) will consider you as divorced for the entirety of the year when you go to file your return.

The penalties for hiding assets during a divorce are severe

You and your soon-to-be ex-spouse have likely acquired significant assets during your marriage. Because Florida law requires judges to equitably distribute marital wealth, you can plan on receiving your fair share of assets. Still, you should be wary about the possibility of hidden ones. 

If you are thinking about hiding marital assets in the leadup to your divorce, you must realize how reckless doing so is. On the other hand, if you suspect that your partner may hide marital wealth, you may be able to use the deception to your advantage. Either way, you must understand that the penalties for hiding assets during a divorce are severe in Florida.   

Tips for succeeding at divorce mediation

Going through a divorce is never easy. It doesn't matter how challenging your marriage was, what your age is, how long you were married or if you knew it was coming. Divorce is challenging for anyone who goes through it. One of the more popular methods of resolving the issues that arise during divorce is divorce mediation. Let's explain how you can succeed using divorce mediation in today's post.

Learn to listen. Even though you are divorcing your spouse, you still need to listen to what they are saying. Mediation is not the time or place to play the blame game or acuse each other of indiscretions. Listen to what is being discussed and try to understand their position.

Why you could have to share custody with your abusive ex

If you are a victim of domestic violence, then you probably want to do everything possible to keep your child from potentially being subjected to ill-treatment at your abuser's hands. You may think that keeping your child from their other parent will ensure that this happens. Sadly, Florida judges don't always see things the same way.

It's possible for you to successfully break free from your abuser, but for you to still be ordered to share custody with your abusive ex. It may even be possible for your ex to gain full custody of your kids.

There is hope if you want to save your business from your ex

If you've spent a long time growing your Fort Myers business and rely on it for your livelihood, it's likely that you don't want to jeopardize it in a divorce. If you and your spouse are headed for splitsville, then you may very well lose it unless you have a prenuptial agreement in place.

Your spouse may not be able to claim ownership of your business if you owned it before you got married or included it as part of a pre- or postnuptial agreement either before you got married or at some later point. You should know that even if it was listed in the prenup, it doesn't mean that you're completely in the clear.

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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
Fax: 239-936-2542
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