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Broward County Divorce Law Blog

Help your attorney help you with a high asset divorce

When attorneys take on a high asset Florida divorce, they need access to many documents in order to make forward progress through the case. Depending on the complexity of case and the unique issues involved, attorneys typically ask their clients to provide these documents for reference throughout the divorce process. There are many standard documents necessary in a Florida divorce, but attorneys may request others when a high net worth is at stake.

In Florida, it is especially important for attorneys to have access to financial documents as well as business documents when the divorce involves high assets. You can get the ball rolling and help your attorney to help you by gathering this documentation as early as possible. Doing so can prevent painful delays and also help you make your case before the court.

The psychological elements of property division

Most Broward County residents facing the end of a marriage would probably agree that divvying up marital property is an important divorce issue. At the same time, it can also be a highly contentious matter for both spouses. Resolving property division in an amicable way benefits the divorcing couple as it prevents a judge from stepping in and dividing the property in way that might be unsuitable for either spouse.

One study published on the American Psychological Association website offers divorcing couples some insight about divorce, including information about the property division process. The study talks about communication and psychological elements that appear in the process of dividing marital property. Further, the study discusses why divorcing spouses should gain an understanding of spoken language, body language and negotiating tactics.

Virtual visitation and child custody in Florida

Florida is one of several states that have created laws allowing parents to engage in virtual visitation with their children. This type of visitation enables non-custodial parents to utilize technology to maintain and preserve their parent/child relationships. Types of virtual visitation include video conferencing, e-mail, video chatting, instant messaging and most any other electronic means of communication.

Non-custodial parents may choose to request the addition of virtual visitation while negotiating a child custody agreement or parenting plan. Not intended to replace traditional custody or visitation, virtual options can supplement parenting and custody arrangements. This is particularly valuable in situations where one parent lives or works in a different city or state than the child. Virtual visitation empowers the non-custodial parent to build and maintain a stronger, healthier relationship with the child while virtually participating in many aspects of the child's life.

Can I waive my alimony rights in a Florida prenuptial agreement?

A disclaimer before answering: Neither spouse should waive any of their basic rights in a prenuptial agreement. Even though the hearts of prospective newlyweds are full of contentment and bliss, it is a dangerous practice to begin a marriage by disregarding one's own rights. Giving up one's rights could invite a lasting pattern of inequality and in most cases cause an unbalanced approach to starting a life together.

With that out of the way, the simple answer to your question is no. Alimony rights cannot be relinquished with a prenuptial agreement. In fact, in nearly all states, courts frown upon prenuptial agreements in which one spouse attempts to waive his or her alimony rights. Taking it one step further, prenuptial agreements cannot include any language that might represent a financial incentive encouraging divorce. A poorly prepared prenuptial agreement may make it seem beneficial for one spouse to seek divorce knowing he or she will not have to pay alimony.

Ensuring your prenuptial agreement is as airtight as possible

Family law contractual agreements can be complicated and include issues that could turn contentious. Prenuptial agreements are no exception, often causing bitter disputes in the event of a breakup. These disputes can go on and on, straining your finances and your emotional stability. While the principles upon which a prenuptial agreement is based are typically pretty simple, a savvy, soon-to-be ex might be able to punch a few holes in what you thought was an airtight contract.

So, how can one be certain his or her prenuptial agreement will hold up under the scrutiny of a courtroom? There is no simple answer, but the best way to make sure the document is valid is to use an attorney.

The perils of getting married after age 32

If you belong in the group of people who think getting married after 30 years of age will improve the marriage's chance of success, you might be wrong. Analyst Nicholas Wolfinger with the University of Utah says a major shift in divorce trends among American families reveal that those who wait to tie the knot seem to be more likely to get divorced.

Divorce trends from earlier periods showed people who waited to get married enjoyed long-lasting relationships and experienced fewer divorces. However, after analyzing data gathered by the U.S. National Survey of Family Growth, Wolfinger says that trend is no longer the case. Wolfinger's research shows that the odds of divorce for those over the age of 32 increases at a rate of 5 percent per year.

Is there any reason my prenuptial agreement may be invalid?

Most couples that get married rarely picture the relationship coming to an end. Unfortunately, divorce can and does occur, making prenuptial agreements a valuable tool to protect either or both party's assets. However, there are occasions when a prenuptial agreement might be deemed invalid due to a range of reasons.

If you are contemplating a marriage or a divorce and want prenup protection, here are some reasons a Florida court could find your agreement invalid.

Things to consider in a high asset Florida divorce

Divorcing in Broward County or any other Florida location is always a trying experience for the entire family. When you add high net worth to the mix, it can raise the stakes for everyone and make dividing assets even more complicated. However, with a little forethought and attention to detail, the process does not have to be more stressful than any other divorce. Both spouses can make dividing assets in a high asset divorce easier by keeping a few things in mind during the procedure.

One way a high net worth divorce differs from other divorces is the inclusion of larger or more valuable assets. In some cases, there can be millions of dollars at stake and each spouse rightly wants his or her fair share. As such, the proper valuation of assets becomes extremely important. A valuation expert can examine the couple's assets to determine their value, which can assist in dividing property fairly.

Handling child custody issues with education and representation

Your child custody agreement—it is a serious and often contentious part of divorcing with children. In truth, the issues surrounding a child custody decision inspire a range of emotions in parents from dread to fear to anger. While making custody decisions are unavoidable, there are ways to prepare yourself for the process. If both parents take such steps, either separately or together, it can greatly reduce much of the negativity divorcing parents often expect.

Education is a major tool divorcing parents can rely on. After all, if you know how child custody decisions are made, you will have a better chance to influence the final decision. Below you will find some of the most important factors Florida courts use to make a ruling in child custody hearings.

Grandparents' rights bill in Florida signed into law

A bill has been signed into law recently in Florida that will give grandparents the right to seek visitation from the court under certain circumstances.

Some of the circumstances include when a parent is missing, in a vegetative state, convicted of an offense of violence that suggests the child could be at risk of harm. The bills says that a preliminary hearing will be held and if the court finds by clear and convincing evidence that a parent is unfit or that there is significant harm to the child, then visitation can be granted. There are two other requirements and those are that the parent-child relationship will not be harmed by the visitation and that the visitation is in the best interest of the child.