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Fort Myers Divorce Law Blog

How can I protect my property in case we decide to divorce?

While many people have high hopes that their marriage will stand the test of time as they prepare to walk down the aisle, sadly that's not always the case. There are some things that you should do before and during your marriage and if you two decide to split up to make sure that your sole assets are protected just for you.

Drafting a prenuptial or postnuptial agreement can help clearly define which spouse hold which assets. If you owned property, received an inheritance or acquired some other valuable possessions before your marriage, then you'll want to list them in these documents. It'll serve as the best way to protect them from being claimed by your spouse if you divorce.

Help your child cope with your divorce

The divorce process can weigh on everyone involved, especially children of divorcing parents. Therefore, parents must be aware of this and execute measures to aid their children through the process.

Children cope with a divorce in different ways. However, there are a few core actions parents may perform to aid their children through a divorce.

Divorce mediation may be key to settling your case

Divorce mediation has gained in popularity in recent years. Some analysts suggest that many divorcing couples used to only think that they could resolve their differences in a courtroom. They argue that it's only in the past few years that the idea of using alternative dispute resolution to help couples and parents more amicably resolve their differences has surged in popularity.

Spouses who have attempted to resolve their differences via mediation have found it to be a welcome antidote to litigation. The stress and anxiety that tends to build up in a person before they head into a courtroom generally aren't there ahead of mediation sessions. All the formalities and the tight hearing schedules that apply in litigated cases don't apply in mediated ones either.

You don't have to settle for paying taxes on alimony

For the past 70 years, spouses ordered to pay alimony could take a tax deduction for their spousal support payments. Recipient spouses didn't have to pay any taxes on the amount that they received. This all changed on Jan. 1 though. Alimony payers can no longer take tax reductions for their payments. Recipients have to now pay taxes on the support that they receive. Even still, there are ways that both parties can reduce their tax burdens.

Setting up a charitable trust

You may lose alimony if your prenup isn't thoroughly reviewed

In May 2019, a Florida appeals judge decided that the omission of the letter "a" on a legal document should cost one divorce petitioner $1,500,000.

A couple signed a prenuptial agreement before their 2006 marriage. In that legal document, it detailed how the wife would receive a specific amount of alimony proportionate to the length of her marriage if she and her husband ever divorced.

Don't forget these details in your Florida parenting plan

When you have a child and decide to get divorced, one of the first things that you need to do is to sit down with your ex to come up with a parenting plan. It will essentially serve as the roadmap for how you and your ex agree to raise your kids. You should champion what's in the best interest of your child, both now and in the future when drafting it. There are some common elements that your parenting plan should contain if you wish to have a Florida family law judge ultimately sign off on it.

One of the first decisions that the two of you will have to make is to decide what type of parental responsibility or custody arrangements that the two of you will share. It's important for you to speak with a Fort Myers family law attorney about the different options that exist and the implications of requesting one type of arrangement versus another.

Assigning value to a business to split it is complicated

One high-value asset that couples in the upper income brackets often share is a business. Assigning a value to real property is often much easier to do that it is to valuate a company.

Tangible assets like real estate are much easier to assign values. More abstract assets like businesses are a completely different story. This is especially true when companies have very few valuable, physical assets. It's hard for analysts to assign a monetary value to patents, business connections and trademarks. It's much easier if a company has a lot of heavy-duty equipment that has a clear value.

Can I modify a custody agreement to see my kids more?

If a judge recently awarded your ex-spouse primary custody of your kids in a divorce case, you may wonder if there is something you can do to change things. You may not agree with the judge's decision and wish to have more time with your kids.

Perhaps a few years have passed since your divorce. Things have changed since you went to court, and now you wish to spend more time with your children. You believe you have the right to do so. Learn how to request a child custody order modification in Florida in these situations.

Why is it best to pursue divorce mediation over litigation?

Couples that are in the process of getting divorced often fight about their property and kids. It's no wonder that these two topics seem to be the most litigated as well.

Fighting things out in a courtroom isn't the only way to reach an agreement with your ex about these matters though. There's also mediation. If you and your ex have lingering issues that you can't agree on, then you may wonder if you can resolve them through litigation or mediation.

How does my move out of the family home affect my custody case?

Marriages, just like most types of relationships, are all about compromise. It's not uncommon for some spouses to simply pick up and leave the family home to distance themselves from the conflict. They often leave their kids behind with their other parent in the process. It's only when they attempt to broker a custody agreement with them that they realize that it wasn't a wise idea to leave the family home abruptly.

If you've moved out of the family home, then you may be wondering what impact that this may have, if any, on your ability to seek custody of your kids. The truth is that it may hurt your case. A judge may see your actions as sending a message that you don't take your responsibility as a parent very seriously. They may decide award custody to the other parent who stuck around as a result.

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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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