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Broward County Divorce Law Blog

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.

Spousal support might be an option in your divorce

If you are getting a divorce, there's a chance you may have to pay or could receive spousal support. Spousal support is designed to help the spouse who earns less or who has no wages make up the difference in income until he or she can develop the skills needed to get a good job. It may also be used to help adjust a spouse's income to provide a higher standard of living.

When you look at how alimony is determined, there are a few factors. First, the age, emotional state and financial condition of the spouses will be considered. Are they too old to relearn skills or get a good career, or is the person young enough to start over? This can have an effect on the case.

The main factors that affect child custody in Florida

When you go through a divorce, one of the things you may be concerned about is your right to child custody and how child custody and visitation will work out for your child. You may already have an idea of what you want your visitation plan to look like or have an idea of how your time should be split, which you can discuss with your attorney and spouse. In Florida, there are specific rules and guidelines for placing a child in the best home for his circumstances, and these will need to be considered.

The first and most important factor will always be the best interests of the child. Divorces can cause a rift in families, and that can majorly impact a child. That's why the court looks at several factors before deciding on a custody award for either parent.

Miliary couples and marriage

When you're getting married and are in the military, the marriage laws are a little different than for those in civilian locations. If both couples are U.S. citizens and want to get married in the United States, then the process is the same as normal. If you want to create a prenuptial agreement, then you still need to reach out to your attorney to do so.

However, if someone is a foreign national, then there are more challenges that you'll need to address. The marriage has to be legal in the country where it's going to take place; in some places, it might be required that the bride and groom's parents both agree to the marriage as well. In some circumstances, service members need to get the approval of their commanding officers before they can get married.

Are alimony and child-support laws changing in Florida?

Are alimony and child-support laws changing in Florida?

A controversial alimony and child-support law has been sent to the governor of Florida for approval; this proposed law set is an attempt to overhaul the alimony system. The same kinds of changes were attempted in 2013, but they were denied.

Your property and assets can be divided fairly during divorce

When you're getting a divorce, it's important to know which assets are yours and which are going to the other spouse. There are a few things you should do to make sure this happens.

First, if you have a prenuptial agreement, you should enforce it. Your property arrangements were agreed on in a time when you both enjoyed each other's company, so it will be the best place to start.