Carefully consider the pros and cons so the decision is not just an emotional response to this difficult process. Once the divorce is finalized, make sure to update estate plans and insurance beneficiaries. These documents do not automatically adjust to reflect a divorce. This can lead to an ex-spouse remaining as the primary beneficiary.
Reach out to insurance providers and change this designation. Review any wills or additional estate planning documents to make sure they are updated.
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If both members of the marriage can agree on property distribution issues, they can put together a written agreement and present it to the court. Often, the most difficult portion of the written agreement is the distribution of property. A divorce settlement deals with the distribution of all marital assets, including cars, houses, retirement plans and bank accounts. Liabilities like mortgages and credit card bills are also subject to distribution. Under state law, any property is distributed equitably, meaning assets and liabilities are divided fairly, but not necessarily equally. This allows the court to take various factors into consideration when making its determination.
Such factors can include:.
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Property division determinations may also address issues of alimony payments, child support, and child custody agreements. Those who have minor disagreements on how the property should be split may consider mediation. Mediation is a process that allows the couple to meet with a neutral third party to assist in developing a divorce settlement without the use of a trial. Couples that are unable to reach an agreement are involved in a contested divorce. In these cases, a trial may be needed to reach a final decision. Determining the best path for a successful divorce can be difficult.
If you are considering filing for a divorce or have recently submitted a petition with the court, contact an experienced Florida divorce lawyer to better ensure a favorable outcome.
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Many couples would admit that they have had difficult times during their marriages. People change as they grow older, and in some situations, this can lead to the spouses drifting apart. They may spend a lot of time working on their issues, but, in the end, decide that it might be time to start over. When having difficulty in their marriage, many people will not know what they should do. They may talk to friends and family, or others who they know that have been through a divorce in the past.
They might be afraid to finally move forward because they just do not know what might be best for their specific situation.
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If a couple has been having arguments about the same issues over and over again, it might be a sign that the relationship is broken. If the spouses went to counseling and the problems still persist, neither side may want to continue with the marriage. Both spouses might be waiting for the other to begin the divorce process.
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Once the divorce is filed, the couple will need to be very careful to ensure that they do not make any significant mistakes during the process. They need to be ready for the divorce, which means that they have to gather financial information and other important documents that could be difficult to obtain from the other side later.
Couples who have been married for a substantial period of time might have considerable assets that they will need to divide, including potentially the marital home. Divorce is not an easy decision for some people to make.
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No one wants to feel like they are giving up, and some are reluctant to deal with the stress that will often be a major part of the process. However, you need to be prepared should you eventually decide to move forward. Many people are surprised to learn about some of the things that happen once a divorce is filed, and this can make the situation much more complicated and contentious.
We offer free intial consultations. Our office serves clients who are in need of experienced family law representation. You can find out more about our specific practice areas and how we approach each individual case by visiting the following pages:. If you are considering divorce or have other family law issues, our approach is to provide you with compassionate legal counsel so we can establish a plan of action. Expert Attorney Abzug will then use his considerable experience and skills to execute that plan. We will always fight and do our best to get you the results you are looking for.
If you have questions or concerns regarding family law and divorce including issues pertaining to custody, time sharing, child support, alimony, restraining orders and paternity , please contact us today. Your initial consultation is FREE.
In my opinion, in virtually all cases it is preferable to settle the case by negotiation, mediation, collaborative law, or a process called co-mediation. Co-Mediation is a process like Collaborative Law in which we bring in additional resources like a neutral financial professional and also a mental health professional to serve as a facilitator, but without each party having an attorney — some spouses or parents prefer to talk more for themselves in their case, or just have a preference for not having attorneys involved, or involved as little as possible.
One of the co-mediators will be an attorney, but that person me will be serving as a neutral mediator versus representing one party. As a Fort Lauderdale divorce attorney, another a significant area of my practice is serving as a family law mediator. Mediation is one of the most efficient and least expensive ways to resolve a family law case. The cheapest and quickest way to complete a divorce is if it is uncontested. That means you and your spouse have already worked out a settlement, and then either you or an attorney writes up the settlement agreement and prepares the rest of the forms you need to file with the Court.
If you retain an attorney to represent you in the divorce, he or she can prepare and file the forms with the Court, and schedule and attend your final hearing with you the final hearing is when you go in front of the Judge for him or her to grant the divorce and sign the divorce judgment ; or you can prepare the forms and schedule and go to the hearing yourself.
Clients who want to represent themselves come to me sometimes for consultation -- for assistance or advice in preparing the forms and the process for completing the divorce. Pre and Post-Nuptial Agreements are documents for which it is often important to have the assistance of a Fort Lauderdale divorce attorney. Pre and Post Nuptial Agreements can be complicated, both in terms of your options for provisions to include, and the factors which make them enforceable.
Either approach can work depending on the circumstances, but often the focus at the time of developing a pre or post-nuptial agreement is the happiness of the two of you and a happy marriage, and a collaborative law process can be good for keeping that focus. As a Fort Lauderdale divorce lawyer, another type of family law matter I handle are paternity cases. A paternity case is a family law case to establish who is the father of child, to arrive at a time-sharing visitation schedule and child support, and resolve other issues regarding the child, e.
In my opinion, these cases like a divorce are better handled outside of adversarial litigation, via Collaborative Law, Co-Mediation or Mediation. Time-Sharing is the schedule for when each parent spends time with the child ren — during the week, weekends and holidays; and we also address issues like how childcare is handled, when can parents travel out of the state or out of the country with the child, etc. As part of child support, we also determine who provides health insurance, how non-covered expenses are handled, etc.