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Broward County Divorce Law Blog

Prevent a public divorce through collaborative divorce help

As you may or may not know, it is public record when you get a divorce. Anything you file against your spouse could become public, and the same is true about anything he or she files against you.

What kind of things might show up on a public record?

What do you need to do to divide your assets?

If you are in a marriage with a high number of assets and are considering a divorce, there are some steps you can take to protect yourself and make sure you get the most out of your marriage. The first step is to start preparing for negotiations.

Start by writing down all your family assets. You'll need to determine the value and ownership of each item including real estate, investment accounts, retirement plans, pensions and other assets. You'll need to know the cost basis of each item if you want to be able to negotiate during the divorce; by knowing the cost, you can be sure you're getting a fair cut.

The pros and cons of a prenuptial agreement

There are pros and cons to a prenuptial agreement, though some argue there are more positives. When it comes down to it, marriage is not just a romantic notion; it's a business relationship that you have to take responsibility for. A prenuptial agreement gives you the chance to acknowledge and protect your assets and financial interests.

What are the positives of a prenuptial agreement?

Getting your assets appraised is good for property division

When you have personal property to protect, there are four different things that can affect it. Disasters, like natural disasters, debt, your death and divorce can all impact what happens to assets you've accrued over time. It might be hard to avoid all the things that can affect your assets, but divorce is one of the few you have control over.

If you don't have a prenuptial agreement, then anything that you acquire during a marriage could be divided upon divorce. Depending on your case, that might mean that you're looking to lose or gain a great deal depending on the outcome of your settlement and court dates.

How adultery can affect you even after a separation

When you're ready to file for divorce, you might be considering moving on with another person. Even if both you and your spouse agree to a divorce, it may be a better idea to wait to become sexually involved with another person until your divorce is finalized. Why? You could be accused of adultery. If you were planning on filing adultery claims against your spouse, becoming intimate with another person can even cancel out that claim.

One thing to look out for in divorce is what a no-fault and fault divorce can do for you. A divorce based on grounds like adultery could affect alimony or other payments. Marital faults can factor into how a judge divides property as well, but typically this only occurs when the adultery had economic consequences. For example, if your husband or wife commits adultery that results in trauma that affects your ability to work or live normally, then it could be said to impact your economic standing. This is why some people choose to pursue an at-fault divorce when they have the opportunity or will fight to have the grounds recognized despite the fact that a no-fault divorce is possible.

Child support: What you need to know

Whenever you have to decide on the custody arrangements for your child, there are bound to be some disagreements or key issues raised. You'll need to consider where your child will live, who will pick up or drop him or her at school, decide on visitation times and plan for how you and your spouse will work together to raise him or her. If you want sole custody and the sole right to make parenting decisions, that's another issue that you might want to raise with the court.

There are a few ways that child custody decisions can be made. First, many parents work together to reach an agreement outside of course. The informal settlement negotiations are made with the help of attorneys in most cases, or the couple may go to alternative dispute-resolution programs like mediation. If this process doesn't work, then the court can make decisions on child custody and visitation that the couple must then abide by.

Can you get a prenuptial agreement thrown out for your divorce?

If you've signed a prenuptial agreement and think it shouldn't apply to you any longer, you might be right if you can point out one of the following issues with the contract. There are a few reasons why a prenuptial agreement might be invalid. For instance, if you were pressured into signing the agreement, you can speak with your attorney and make this claim in court. If the court finds your argument is legitimate, then your prenuptial agreement may be thrown out.

Another reason the prenuptial agreement might be thrown out is if it wasn't written down. To enforce an agreement, the agreement must be in writing. Both of you must have signed the agreement before your marriage for it to be legal; if this didn't take place, then the prenuptial agreement won't hold up in court.

Divorcing in Florida: You can get the help you need

Not many people go into a marriage considering what would happen in a divorce, but if you've decided that your marriage has come to an end, it may be time to look into what steps you have to take next. Asset division, alimony, child custody arrangements and other parts of your divorce need to be discussed.

How does asset division work in Florida?

Divorces: More common in these 2 months

Sometimes, it seems like everything is going wrong. If you're going through a divorce, you might think you're the only one struggling, but the truth is that many families go through what you are and come out of it with minimal damage. August is a busy time of year for divorces, so those who seek them need to have their information in order, so they can work with their attorneys on a swift resolution.

There are a few times of year more likely to result in divorces than any other. Although that might sound unusual, there are actually two months of the year when the most divorces take place. A 14-year study of divorces in Washington state showed that filings were most common in the months of August and March. Why, though, are those the times when people are more likely to divorce?

The costs of divorce and getting what you need out of your assets

A divorce can be a very expensive endeavor, which is why you should aim to get the most you can out of it. While emotions can come into play, it's important to look at divorce as a business transaction. If your divorce is one that centers around millions of dollars or more, you're in a position to lose or gain an immense amount of money.

How can you help yourself get what you deserve? Start by working with your attorney and valuation expert to identify and collect information on your assets. You'll need an accurate assessment of your holdings before you or the court can divide the property.