Thompson Family Law, P.A.Fort Myers Family Law Attorneys | Divorce | Paternity2024-02-22T06:05:24Zhttps://www.familylawfla.com/feed/atom/WordPressOn Behalf of Thompson Family Law, P.A.https://www.familylawfla.com/?p=488822024-02-22T06:05:24Z2024-02-22T06:05:24ZUnderstanding collaborative divorce
Collaborative divorce is a process that allows married couples to dictate all the terms of their split. Instead of spending a long time in court and dealing with heavy, emotional scenes, they can negotiate matters of concern and use mediation to their advantage if necessary. The parties can decide on property division, alimony, child custody, child support and anything else relevant to their divorce.
How collaborative divorce works
For collaborative divorce to be an option, spouses must put aside their differences and agree to work together. The process is only appropriate when both parties are open to compromising; if there is contention between them, it won’t work.
Each party has legal representation and is open to alternative means to settle disputes. The spouses first meet privately with their respective attorneys to discuss their concerns and expectations. Third party professionals may be brought in to assist in any areas of concern; for example, if there’s an issue about child custody, a child specialist may be summoned.
Afterward, everyone meets to explain their issues and negotiate what they want out of the divorce. Both spouses are expected to be honest and provide any information necessary for negotiations to succeed. The parties also sign an agreement stating that they will not go to court. However, if negotiations don’t succeed and there are still issues to resolve, the attorneys must withdraw from the case, and the spouses will go to court where a judge decides the outcome for them.
Collaborative divorce is a good alternative to drawn-out court proceedings, but it’s not for everyone. Those with a history of domestic violence, substance use disorder or couples who don’t get along are not suited for the process.]]>On Behalf of Thompson Family Law, P.A.https://www.familylawfla.com/?p=488802023-12-29T06:59:59Z2023-12-29T06:59:59ZWhen to begin the process
The sooner couples start talking about prenuptial agreements, the better. The conversation involves potentially sensitive topics, and it is best to discuss things when both parties are relaxed and not feeling the stress of the upcoming wedding.
Some recommend finalizing the contract at least 30 days before your wedding. The party whose attorney did not prepare the agreement must receive it for review at least one week before the couple is ready to sign.
Do we need attorneys?
When creating a prenup, both parties may be willing to work together and feel they don’t need legal assistance. If the marriage dissolves and the prenup needs enforcing, emotions may run high, and any loopholes or weaknesses in the prenup may leave one or both parties vulnerable.
One attorney handling both parties creates a conflict of interest, and only one party with an attorney puts the other party in a disadvantaged position. Constructing a legally sound prenup can make it more challenging for one party to attempt to break or change the contract in the future.
What can go in a prenup?
Many people include pet custody in their prenups. A prenup can consist of various financial terms, such as alimony, how to handle debts and how to divide property. The agreement needs to be structured so that, no matter what terms it contains, they are fair and transparent and do not involve duress or coercion. A prenup cannot cover child custody or support, and in most states, a judge will discard any attempts to provide these provisions in a prenup.
What if only one party signs?
To retain premarital property in case of divorce, if one party does not sign a prenup, you must gather and maintain credible proof that you owned the property before the marriage. Each state protects assets acquired before marriage or gifts and inheritances. It makes sense to keep records that document and support your ownership claims.
Discussing a prenup fosters transparency and mutual understanding. Open communication about each party's financial expectations can address potential conflicts before they become significant issues.]]>On Behalf of Thompson Family Law, P.A.https://www.familylawfla.com/?p=488782023-10-31T01:43:12Z2023-10-31T01:43:12ZThe reason for relocation
The first factor in determining if you'll be allowed to move with your child is why you want to do so. For instance, if you are moving for a job opportunity, that may be a valid reason to move your child away from a parent. However, if you are moving simply to spend time in a warmer climate, a judge may be skeptical of your decision.
Custody issues
If the other parent has physical custody of the child, you can't unilaterally take action that would interfere with that parent's rights. Ultimately, you would need to get permission from your former partner to take the child away. Even if the other parent only has visitation, you would need to make arrangements to ensure that this can continue in some form.
The child's wishes
Minors have no say as it relates to decisions about child custody or visitation. However, older children may be given an opportunity to provide input that a judge might consider when deciding if you can relocate with your kid or not. If the child wishes to stay put, a judge may agree that request if that would be in the child's best interest. In such a scenario, the child would stay with the other parent or with another family member after you leave.
If you relocate your child without the consent of the court or the other parent, you may find yourself in legal jeopardy. Even if you don't need permission, you should alert your former partner so that arrangements can be made to remain a part of your son or daughter's life.]]>On Behalf of Thompson Family Law, P.A.https://www.familylawfla.com/?p=488752023-08-24T20:49:34Z2023-08-24T20:49:34ZCollaborative vs. adversarial processes
Mediation is a form of collaborative divorce because you and your spouse are working together to create a solution that works for everyone. Meanwhile, litigation is considered an adversarial process because each side is working against each other to get the best possible outcome for themselves. In addition to being more expensive and time-consuming, litigation may also hurt your child both now and in the long run.
When a collaborative process is effective
A collaborative divorce process is most effective when you feel like you can communicate with your spouse in a relatively open and civil manner. To resolve child custody issues, a neutral party with a background in childhood development will work with you to create solutions for all parties involved. For instance, if you work overnight, you may ask for the right to stop by your child's home for a few minutes before school each morning. Conversely, you may agree to pick the child up from school after you wake up.
Protect your child
Typically, there is no need for your child to be privy to anything that happens during a collaborative process. Therefore, your son or daughter can focus on being a kid instead of feeling like a pawn in a game.
In a divorce settlement, you may push for sole custody and child support payments. However, in most cases, parents who are denied custody rights are still granted the ability to spend time with their kids.]]>On Behalf of Thompson Family Law, P.A.https://www.familylawfla.com/?p=488732023-06-29T03:24:55Z2023-06-29T03:24:55ZWhy do you need to inventory your collection?
The ever-looming specter of a high-asset property division is enough to prevent many people from combining their property in joint ownership. The solution is to show a high level of caution when it comes to the protection of art and other assets. One of the best things you can to safeguard it will be to make a complete inventory.
The point of the inventory should be to determine which pieces were purchased before your marriage. You should also have these pieces properly cataloged and appraised.
The same method should apply to any pieces you acquire while married. This will give you an exact value for each piece of art you claim as yours during a divorce. Any art that you acquire entirely with your own funds during your marriage should be kept solely in your name.
Can a prenuptial agreement save your collection?
There are many things that a prenuptial agreement can do to help you sleep better at night. Unfortunately, even an ironclad prenup may not be enough to safeguard all the pieces you acquired during your marriage. This will be especially true if ownership of some of these pieces is in both of your names.
A prenup can work wonders to protect your assets during a divorce. However, if both of your assets were used to buy, restore, or safeguard an art piece, it can be claimed as a mutual asset. Likewise, you should be prepared for the prospect of having to sell off or transfer a few pieces to your spouse. This may be the most efficient way to reach an equitable divorce settlement.]]>On Behalf of Thompson Family Law, P.A.https://www.familylawfla.com/?p=487352023-04-27T03:18:40Z2023-04-27T03:18:40ZHow does a collaborative divorce work?
During a collaborative divorce, each spouse works with their own lawyer and a team of other support professionals to assist them in working together to resolve financial, emotional and legal issues related to the end of the marriage. During this process, couples attempt to find solutions to their problems to protect their co-parenting relationship and remain respectful of each other.
Privacy and discretion as you resolve divorce issues since spouses do not need to go to court for every decision
Equal positions when it comes to reaching solutions to the challenges and problems of divorce
Incentive to resolve issues in a respectful, calm manner that supports a positive relationship post-divorce
Motivation to learn to work as co-parents who can continue to develop healthy relationships with their children and with each other
The support of professionals such as divorce coaches, financial specialists, business evaluators and tax specialists who can help you create financial solutions that will work well long-term
A focus on the future and what you want your lives and relationship to look like, which can be particularly beneficial for co-parents who will need to continue making joint decisions regarding the children
When couples choose a collaborative divorce, they choose to keep more control over the divorce process. They also choose to commit to a positive way of resolving issues and to put their family’s needs first. While collaborative divorce might not be the pathway for all divorcing couples, it provides a wealth of benefits for those who want to communicate healthily and successfully.]]>On Behalf of Thompson Family Law, P.A.https://www.familylawfla.com/?p=487342023-03-01T03:54:52Z2023-03-01T03:54:52ZPrenuptial agreements explained
A prenuptial agreement is a valuable tool to sign when you are getting married and want to protect your assets and property in the event that things don’t last. The document is a contract that often outlines all the provisions for property division if the couple eventually gets a divorce. Sometimes, it also details expectations from both spouses regarding responsibilities within the marriage.
When you need a prenuptial agreement
Prenuptial agreements are necessary for certain situations. Many people choose to get them when they are getting married for the second or even third time after suffering significant financial losses from a previous divorce. Having children from a previous marriage is another common reason to need a prenup. If you want to protect your children and ensure that they are able to receive an inheritance no matter what happens, you need one.
If one person is wealthier than the other, they might choose to have a prenuptial agreement to protect their fortune if the marriage ends in divorce. The document determines how much the other party will receive in the divorce settlement; the longer the marriage lasts, the more generous this amount of money.
Another reason to need a prenup is that one party has significant debt. It can protect the other from having to be responsible for paying a portion of it should the couple divorce. Being a business owner is another common reason to need a prenuptial agreement. It can help to keep the company separate as that person’s property alone if the couple ends up getting divorced.
Prenuptial agreements are not for everyone, but they can give people peace of mind by protecting their financial interests during a divorce.]]>On Behalf of Thompson Family Law, P.A.https://www.familylawfla.com/?p=487332023-01-19T21:08:16Z2022-12-29T16:38:44ZThe potential benefits of nesting
A primary benefit of nesting is that your child doesn't have to split time between two households. This means there is no need to spend valuable time each weekend traveling to the noncustodial parent's house or spending school breaks away from friends or family members. It also means that your child can remain in the same school district and remain involved in clubs and other activities. If the house is to be sold pursuant to a court order, nesting provides the adults an opportunity to ensure that the property is maintained until the sale can take place.
Nesting is often a temporary solution
Nesting may be an ideal child custody solution if your divorce takes place during the school year as you can delay any permanent plan until the summer months. This may be especially true if your child is a senior in high school and wants to graduate with their friends and other important people in their lives.
You may also decide to engage in nesting until you find a place that is suitable for your child to live in after the family home is sold. Nesting tends to be a temporary situation because it can be prohibitively expensive to rent an apartment while paying a mortgage or other costs associated with a primary residence.
There are many factors that a judge will likely take into account when determining if a parenting plan meets the best interest of the child standard. Those factors may include the mental health of the child as well as whether it provides for the child's basic needs such as adequate clothing, food and shelter.]]>On Behalf of Thompson Family Law, P.A.https://www.familylawfla.com/?p=487312022-10-31T22:05:28Z2022-10-31T22:05:28ZCommunicate with your ex
If you're planning on relocating, it's important to communicate with your ex well in advance. This way, they can have time to process the news and figure out what they want to do. You should also be open to discussing different relocation scenarios, such as moving closer to family or changing schools.
Consider your children's needs
Your children definitely shouldn't be an afterthought in this process. Take their needs into account when making your relocation plans. For example, if they're attached to their current school or have a strong social life, you might want to consider staying put. Also, if they're young, they may not be able to handle a long-distance move.
Modify your custody agreement
If you have joint custody of your children, you'll need to modify your agreement before relocating. This document should outline the new visitation schedule as well as how holidays and special occasions will get handled. Once everything gets finalized, be sure to get it in writing so there's no confusion down the road.
Be prepared for a fight
Unfortunately, relocating with children after divorce can often turn into a heated legal battle. If your ex is opposed to the move, they may try to use the children as leverage. They might even file for full custody in an attempt to keep you from moving away.
If you find yourself in this situation, it's important to have a solid game plan, which means being prepared to present your case in court. Therefore, gather any relevant evidence, such as job offers or school records, and make sure you have solid reasoning for why the move is in your children's best interests.
Generally, relocating with children after divorce is a complicated process. But by communicating with your ex, considering your children's needs and being prepared for a legal battle, you can make it through to the other side.]]>On Behalf of Thompson Family Law, P.A.https://www.familylawfla.com/?p=487292022-08-28T01:30:55Z2022-08-27T01:30:31ZWhat is the collaborative divorce process?
This is a type of dispute resolution in which the parties involved work together to reach a settlement. This is typically done with the help of attorneys, financial experts and other collaborative divorce professionals. The goal of this process is to avoid going to court and to keep the decision-making power in the hands of the parents.
How does the collaborative process work in a child custody case?
In a child custody case, the collaborative process can make it possible to reach an agreement on a parenting plan. This is a document that outlines how the parents will share responsibility for their children. The parenting plan will address issues such as where the children will live, how they will get raised, and how decisions will be made about their care. The collaborative process can also be used to resolve disagreements about child support and other financial issues.
How can the collaborative process help parents and children?
The collaborative process can help parents by giving them the tools they need to make decisions about their children without going to court. This can mean a shorter and less expensive divorce, as well as less stress for the parents and children involved. The collaborative process can also help children by ensuring that their parents are able to make decisions about their lives together. This can provide stability and security during a time of upheaval.
If you are considering a divorce, the collaborative process may be a good option for you and your family. However, remember that if you don't come to an agreement, you may have to go to court, which could be costly and time-consuming.]]>