Fort Myers Divorce Law Blog

Dividing up debts during a divorce requires negotiation

On behalf of Thompson Family Law, P.A. posted in Property Division on Friday, September 21, 2018.

Couples who decide to divorce often concern themselves with how they're going to split up things like their homes, cars, jewelry and other valuable items. We seldom hear about which spouse is going to assume responsibility for the debts that they've amassed though. Perhaps it's rarely discussed because couples don't realize that just like their assets, any debts will have to be split up. They have to though.

In some states, if the debt was incurred in only one of the spouses' names, then the onus ultimately falls on the shoulders of that individual to pay it off. This isn't always the case though. In some instances, the debt that one spouse incurs is seen as belonging to both. If you can justify how the debt only benefited your ex and not the entire household, then it's possible to have your responsibility to pay it back waived by a judge.

3 ways to mitigate contention in a divorce

On behalf of Thompson Family Law, P.A. on Wednesday, September 19, 2018.

Every divorce is different. Some couples separate because they simply grow apart. Other marriages end as a result of cheating or other problems that may breed hostility. When your split stems from conflict, it can be difficult to navigate the situation and proceed with the divorce. To make this time of transition less stressful, you should look for ways to mitigate any contention that may emerge.

This is not always easy, and it is particularly challenging if your ex is the source of the hostility. Still, if you want to separate from your spouse without enduring unnecessary disharmony, consider the following three tips for minimizing the conflict in your relationship during a divorce.

Divorcing women need to do a better job of financial planning

On behalf of Thompson Family Law, P.A. posted in High Asset Divorce on Friday, September 14, 2018.

A study conducted by TD Ameritrade in 2017 highlighted how 40 percent of all marriages end in a divorce and how at least 25 percent of all seniors age 65 and older are widowed. If you're wondering what one statistic has to do with the other, it's that at least 66 percent of those belonging to both groups admitted to not having a contingency financial plan in place if one of these life-altering events occurred.

The researchers also found that women were 10 percent less confident than men in their ability to skillfully manage their finances if their husband passed away before them. The overall confidence level of both men and women to properly manage their money was significantly low at 62 percent for women and 72 percent for men.

Mediation introductions: The first step in a successful mediation

On behalf of Thompson Family Law, P.A. posted in Divorce Mediation on Friday, September 7, 2018.

If you and your soon-to-be ex have decided to finalize your divorce through mediation, you've made an excellent choice. If the process is successful, you will likely save a great deal of time and stress while reducing the emotional burden of the divorce on your family.

The more you understand about what's to come in your divorce mediation, the higher chances of success you'll have, so without further adieu, let's take a look at the first stage of any mediation process: the mediation introduction.

Children might want their other parent sometimes

On behalf of Thompson Family Law, P.A. posted in Child Custody on Friday, August 31, 2018.

Child custody cases are difficult on everyone involved. The children have to adjust to a new way of life that they might not appreciate very much. There might be times when they are with you that they start to miss the other parent. This is perfectly normal but it can be a shock for you to have to deal with.

Oftentimes, these assertions that they want the other parent are going to come when the child is frustrated or overly tired. These situations can cause them to lash out and want what they know they can't have, especially when they are younger and can't express their emotions like an older child.

Building a better relationship with the kids after divorce

On behalf of Thompson Family Law, P.A. posted in Child Custody on Friday, August 24, 2018.

One of your major concerns after your divorce is that your relationship with the kids is going to deteriorate. You don't see them as often. You don't live with them every day, and you even worry that they will start to prefer your ex over you.

To counter this concern, it is important to be proactive and focus on working hard to strengthen that relationship at every turn. A few of the things that you can do include:

Play with your kids and partake in activities that they enjoy. As adults, it is very easy to want to make kids do the things we want to do, but they have very different interests. Engage in those things, and they will see how much you care about them.
Listen to the children. Even if they're just telling a story about nothing, pay attention. If they have concerns and fears, take them seriously. Listen and give them feedback.
Stay off of your phone. Do not let technology take over your time together. When you have custody, don't just turn the TV on so that they can watch it while you take work phone calls.
Remember the value of physical contact. Give the kids hugs and high-fives. These little things mean more than you realize.
Give your kids 100 percent when you're with them. Focus on really being present and enjoying your time together. After all, you have all of the time they are with your ex for work, hobbies and other distractions.

Can you alter a prenup after marriage?

On behalf of Thompson Family Law, P.A. on Monday, August 20, 2018.

No engaged couple wants to think about the prospect of separating with a soon-to-be spouse. However, it is vital to remain practical and stay safe in the event things head south. That is why many couples create prenuptial agreements that lay out a fair division of assets in case the marriage ends.

Many couples have concerns about what to do when they have a prenup, but the financial situation of the household changes.

How long does it take to mediate a divorce resolution?

On behalf of Thompson Family Law, P.A. posted in Divorce Mediation on Friday, August 17, 2018.

When many hear that word "mediation," they often think of a long, drawn out way of working through differences. Few think of it as a quick-fix solution for resolving them. While certain matters may be so complex that mediation does drag out for an extended period of time, negotiating the end of most people's divorces doesn't require this.

Divorces that tend to take the longest to resolve through mediation are those where a couple has been married for an extended period of time or have young kids. Other ones that tend to drag out are those where there are large amounts of property to divide up or there are pensions that necessitate a qualified domestic relations order (QRDO) being put into place.

Judges weigh many factors in custody cases involving relocation

On behalf of Thompson Family Law, P.A. posted in Child Custody on Friday, August 10, 2018.

Some of the most difficult cases for family law judges to broker are those that involve one parent petitioning the courts to move away with their child. It's never easy for them to tell a mom or dad that the days of them sharing one week on and another week off is going to come to an end and be replaced by extended visits at spread-out intervals during the year.

When deciding whether a child should be allowed to move away with a parent, there are generally a few factors a judge considers.

Student loan debt is fast becoming a leading factor for divorce

On behalf of Thompson Family Law, P.A. posted in High Asset Divorce on Friday, August 3, 2018.

If the average American were asked what the leading cause of relationship problems was in the United States, they'd likely admit that it has to do with financial discussions. What many likely wouldn't know is what researchers at SunTrust Bank found out. They determined that one in eight marriages end over student loans.

Another recent poll conducted by the personal finance website Student Loan Hero suggests that as many as 33 percent of all married couples cite student debt and other monetary concerns as the reasons for the demise of their relationships. At least 13 percent cited student loans as the primary reason for their split.