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Fort Myers Divorce Law Blog

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.

How Florida determines the “best interests of the child”

As a Florida resident who is currently navigating your way through a separation, divorce or custody battle, you may have heard the term “best interests of the child” tossed around more than once. Florida’s family court system has the responsibility of making numerous decisions regarding custody, visitation, parental rights and so on, and those working within it often consider the “best interests of the child” when making such determinations.

So, what types of things does the court system consider when determining what may be in the best interests of a child?

Couples are increasingly flocking to mediate their divorces

An increasing number of couples are choosing to pursue mediation as a way for resolving their differences on such matters as property division and child custody instead of fighting it out in court.

A mediator may ask divorcing spouses about their finances and what they believe is a fair resolution in their case. If kids are involved, then the role of the mediator may shift to encouraging both parents to discuss their individual or family goals, what's in the best interests of the kids and the best options for getting there.

It matters when the valuation of your marital assets occurs

When you and your ex decide to divorce, you're required to divide up marital assets. Each item must be appraised and assigned a valuation date before you do so. While the process involved in assigning a monetary value to your property may seem pretty straightforward, it's often not the case.

Each jurisdiction has different laws that apply for how soon after a divorce is filed that a couple has to have their property appraised. In some states, this valuation must occur as soon as divorce proceedings have gotten underway. In others, it may need to happen on the separation or divorce filing date or by the trial date.

Do parents with joint custody get child support?

Like many other states in the country, family law judges in Florida are increasingly deciding to award joint custody to both parents as opposed to just one. Research that shows that children tend to be more well-adjusted when they split their time equally between both parents' homes has motivated them to do this. This latest trend has made many wonder what happens with child support when parents share joint custody.

The idea of one parent paying child support to another began in the 1960s when judges tended to award primary custody to their mother with the father enjoying only weekend privileges with their son or daughter. Back then, the noncustodial parent paid the custodial child support to ensure that their son or daughter didn't go without necessary health care, food, shelter, transportation, childcare, clothing or water.

Many individuals fear being able to make ends meet post-divorce

Back in the late 1960s, researchers at the University of Washington (UW) reviewed the psychiatric and medical records of several thousand patients in hopes of being able to narrow in the types of life events that caused them the most stress. Similar studies have been conducted with similar results. An increased focus on financial concerns has emerged, though.

As part of the 1967 UW study, researchers assigned numerical values from one to 100 to patient concerns. Once they tallied up the results, they found that a patient's fear that their spouse would die received a 100 score, which was the most concerning. Divorce came in second at 73 and marital separation was third. Imprisonment came in fourth at 63.

Top benefits of a collaborative divorce

When many people think of divorce, the picture that comes to mind is a scenario with angry spouses battling it out in the courtroom. While this is the reality for some divorces, it is not what happens in all situations. Many couples find common ground and proceed through divorce in a civil and mutually respectful way.

There are several benefits to a collaborative divorce, one in which both parties strive to reach mutually satisfying agreements. The extra effort that divorcing couples make to seek shared solutions can pay valuable dividends both in the short and long term.

Divorce is declining for millennials, going up for baby boomers

A recent study conducted by University of Maryland researchers shed light on a trend that surprised researchers. Divorce rates are on a decline among millennials. In fact, the overall divorce rate in the United States apparently dropped by 18 percent between 2008 and 2016. There are a number of reasons that the researchers point to for this decline.

One reason they point to for this decrease in divorces among millennials is that this population is waiting longer to get married than earlier generations. By the time they marry, they've often completed their education and have begun their careers. They often have their finances more in control because of this. Fewer millennials are choosing to walk down the aisle too.

Consistency and communication are important for kids of divorce

School has now been in full swing throughout Florida for the past month. If behavioral or emotional problems related to you and your ex's impending or recent divorce were going to manifest themselves, your kids are likely starting to show signs of them now as everyday school pressures have begun to take hold once again.

One of the best ways for you and your ex to help create a sense of stability or balance for your child is for you two to present a united front in laying out your expectations such as with homework. Having this conversation together as parents with your child has the potential of reducing conflict on down the road.

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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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