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Broward County Divorce Law Blog

7 reasons a divorce can cost less if you do it now

You may be putting off getting a divorce for fear of the expenses it could raise, but there are some reasons you shouldn't delay. Is the thought of the cost of a divorce worth the expense of staying in a toxic or unhappy marriage?

There are seven ways to know if you should get a divorce instead of putting it off. One is if there is no chance of reconciliation. If your marriage won't be saved, then staying longer will only entwine your finances further. Another is that each year, your divorce could become more expensive; you may end up paying more in alimony the longer you're married, for instance.

Common reasons for invalidating prenuptial agreements

Signing a prenuptial agreement before you get married can be a good move; it protects you and your spouse against debts and other concerns. However, if you don't create the prenuptial agreement correctly or you include invalid items, then the entire agreement could be thrown out in court in the case of your divorce. Here are a few things you should avoid doing to make sure your prenuptial agreement is valid.

First, remember that both parties need to be represented by a different attorney before signing the agreement. Each person needs to fully understand the agreement and sign voluntarily; having a personal attorney will help prove that neither client was under duress at the time of signing and that both understood the terms of the agreement.

The reasons you should hire a divorce attorney from the start

When you have a high net worth, the last thing you really want to face is a divorce that could tear apart your finances. You're in a position where you've built up your credit, reputation and finances, and you don't want this to end up causing you a major loss.

Whenever you face a divorce, hiring your divorce attorney is the first step. Even contemplating divorce gives you enough reason to do so; you need to understand what will happen if you file for a divorce, how much of your property will be considered to be community property and what to do if you think your spouse is going to try to get more than his or her fair share.

Mother searching for 9-year-old believes she was kidnapped

Parental kidnapping is a real problem for some families. When one parent is disgruntled after a child custody dispute, it's possible that one parent could take a child and leave town or go to an undisclosed location. That can cause major concerns for the child's safety, and if the parent and child is found, it's likely that the parent will lose some or all visitation rights.

This may or may not be what happened in this case, but regardless, a mother is searching for her child who could be anywhere in the United States or Mexico. She claims it's the father of her child who is responsible for the girl going missing, but others aren't sure.

Alimony and your taxes: Deducting alimony on your return

When you pay alimony, you may have questions about how it will affect your taxes. Will you be taxed on the income you're losing? Will this affect your overall income level? Before you ever pay alimony in a divorce, understanding how you'll be affected in the long term is key to knowing which is a good settlement and which is one that could put you at financial risk.

The good news is, if you're paying alimony, that you can actually write off that money on your taxes. By being able to deduct it, you can eliminate paying taxes on those earnings. Instead, your ex-spouse, the person receiving the alimony, will then be required to pay taxes on that income.

What is shared parenting, and is it the law in Florida?

As a parent, you probably want to make sure that you get to see your child as often as possible after divorce. In many states, it's assumed that parents should share custody, but that's not exactly the case in Florida.

Is shared parenting the law in Florida?

Should you get a prenuptial agreement before marriage?

When you're about to get married, you probably feel so much love for your spouse that you don't feel it's necessary to protect yourself with a prenuptial agreement. However, that might not be the best legal move. In the long term, you have to think about what happens if that excitement dissipates; what happens if you get a divorce? Even if not, protecting yourself now can alleviate many of the concerns you could have in the back of your mind.

A prenuptial agreement isn't a sign that you don't trust your significant other, and in some ways, it's a sign that you do. Prenuptial agreements don't just limit someone's access to assets. It also protects you and your spouse from taking on each other's debts and works out things like what to do if you divorce and own a home or come into money.

Inheritances: Protecting your inheritance in divorce

With a high-asset divorce, you may be concerned about many things. You may have assets like businesses, properties or a high income. These are all things you probably want to protect, and your attorney can help you do so by defining what is separate property and what is marital property.

One thing you may be interested to know about is your rights to any inheritances you receive during your marriage. In most cases, inheritances aren't subject to equitable distribution, because they are not considered to be marital property by law. Instead, they're seen as separate property and belong solely to the person who received the inheritance.

High net worth divorce? You can protect your assets

Getting a divorce is never an easy task, and when you have many assets, it can be life changing. Trying to split assets when you have a high net worth can be tricky, especially if you own businesses or several properties. Adding in child support, spousal maintenance and other related divorce issues can make your case very complex.

Fortunately, you can work through your case with your attorney and focus on what's most important to you. To start with, you'll need to write down all the assets you own between yourself and your partner. Show which assets were owned before the marriage, so you can better determine which are marital assets and which are not. This will help the court if it needs to make a decision on the division of your assets.

Governor Scott vetoes alimony bill over child custody clause

If you're going through a divorce in Florida, you may have heard that new alimony reforms were in the works. Recently, Governor Rick Scott stopped those changes, because the child custody clause in the same proposal was unacceptable.

This is the second time in three years that the governor has put a stop to these changes due to issues with wording and riders. Had he allowed them, the proposal would have made a formula based on the length of your marriage and your combined incomes. At that point, the judges would use this formula to determine alimony payments for the spouse in need.