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Fort Myers Divorce Law Blog

Florida alimony formulas help to reduce judge's bias

The idea of one spouse paying another a certain amount of money to support them so that they could continue to live the same lifestyle post-divorce that they did while married is a concept that originated in England. Although the idea of alimony or spousal support was brought over by settlers centuries ago, it's still something that's alive and well here in the United States today.

Up until the 1970s, states like Florida required divorce petitioners to supply a reason for seeking to end their marriages. Morality would greatly impact how alimony awards were doled out back then.

Does every business owner need a prenup?

As a business owner, you may have heard a lot about prenuptial agreements and how it is important for business owners to get them. However, you may have reservations about sitting down with the person you are going to marry and discussing something that is decidedly not romantic. You are afraid it will make your partner question whether you really trust him or her.

So, does every business owner really need a prenup?

Parenting time isn't difficult for unmarried Florida dads to get

For umarried fathers, it's necessary for them to establish paternity before before they can request custody or be ordered to pay child support. For mothers, it's established at birth.

In Florida, a dad can voluntarily acknowledge that he's the father of a child by filling out and signing an Acknowledgement of Paternity in front of a notary and witnesses under law § 742.011, et seq. Even in cases in which he does, though, a mother can still deny it. In cases such as this, a judge may step in and order a DNA test to confirm it.

Your retirement may be delayed if you divorce later in life

The Center for Retirement Research at Boston College released a report late last month. Its researchers concluded that it's becoming increasingly difficult for divorcing spouses to maintain their retirement accounts.

They also argued that having to divide up a home at this point can be particularly crippling financially. In fact, the effects that having to split these assets up in a divorce can be just as consequential as the Great Recession was for families.

Splitting up home and household items in a divorce isn't easy

You've probably heard a line to a famous song sung many times before — "breaking up is hard to do." When writing those lyrics, the songwriter was most likely referring to the emotional baggage that comes with leaving a boyfriend or girlfriend behind. It's unlikely that they referring to the financial burdens that come with splitting assets when couples divorce.

Your house

Father's rights in Florida are among the best in the nation

Custody X Change recently conducted a study aimed at determining which states offer dads the best chance of acquiring shared custody post-divorce. Its researchers found that Florida is one of few states where fathers routinely are awarded 50 percent custody. Other states that offer dads the best chance of acquiring shared parenting time include Delaware, Massachusetts, Nevada and Colorado.

The researchers found that some of the states that seem least concerned about father's rights include Georgia, Mississippi, Oklahoma and Illinois. At just 22 percent, children in Tennessee spend the least amount of time with their dads. On a national level, they found that dads generally are awarded 35 percent custody of their child.

3 tips for a conflict-free divorce

Divorce is a difficult time, even if you and your spouse are in relative agreement about the separation. Conflict is common in many divorces, but it does not have to be that way.

There are many types of solutions that can help you and your spouse avoid conflict and stay out of a courtroom divorce battle. These three tips will give you some ideas about how to proceed in a collaborative divorce that seeks to reach solutions that work for both of you while minimizing or eliminating conflict.

How will the new alimony law impact me?

A new tax code, that's known as the Tax Cuts and Jobs Act, is slated to go into effect on Dec. 31, 2018, that will greatly impact divorcing spouses' finances.

Beginning the following day on January 1, 2019, the long standing option for alimony payers to deduct their payments on the federal income tax returns will be eliminated. At the same time this goes into effect, the need for alimony recipients to pay federal taxes on the support they receive will be eliminated.

How does infidelity impact my Florida child custody case?

Back decades ago, infidelity could definitely have impacted who ended up with the marital assets, who receive alimony or who got custody of the kids in a divorce. When it comes to how it impacts child custody matters nowadays, though, a parent's cheating doesn't have the same direct effect on a judge's decision-making that it may have had before.

The truth of the matter is that a parent's infidelity doesn't usually impact whether or not he or she is deemed to be a fit parent. The only way it typically would have such an impact is if it could be proven that the cheating parent openly engaged in the infidelity right in front of the child.

What are the pros and cons of pursuing divorce mediation?

Negotiating a divorce settlement via mediation is a desirable option for many. High-profile couples tend to prefer to try to settle their divorces via mediation in order to keep their personal affairs, including finances and custody arrangements, private. Others tend to pursue mediation because they have a lot of assets to sort though or because they've heard that it makes a divorce a lot less stressful on the kids.

While there are many benefits associated with mediating a divorce settlement, there are some couples that may not be cut out to resolve their issues via mediation. Instead, it may be necessary for them to litigate their differences instead.

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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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