budgetdivorcecenter

How Divorce Mediation Services Fort Myers Fl Can Help You Avoid Court

Tue, 28 Jan 2025 23:21:28 GMT

Divorce is never an easy process, and going to court can make it even more stressful. Thankfully, there is an alternative to traditional litigation that can help you avoid the courtroom entirely. Divorce mediation services in Fort Myers FL can provide couples with a way to reach a mutually beneficial agreement without the need for court intervention. At Budget Divorce Center, we understand the benefits of mediation and have experienced mediators ready to help you navigate this process.

The Benefits of Avoiding Court

Avoiding court during a divorce can provide several benefits for both parties involved. Firstly, it can reduce the stress and emotional turmoil that often comes with a court battle. This is particularly important if there are children involved, as they can be impacted greatly by the stress of a court battle. Secondly, avoiding court can save you a significant amount of money. Court battles can be expensive, with legal fees, court costs, and other expenses adding up quickly. Finally, avoiding court can give you more control over the outcome of your divorce. Mediation services in Fort Myers Fl can help you and your spouse come to an agreement that works for both of you, rather than having a judge make decisions for you.

The Mediation Process

The mediation process involves meeting with a neutral third party, known as a mediator. The mediator's job is to help both parties communicate effectively and work toward a mutually beneficial agreement. The mediator will listen to both parties' concerns and help them come up with solutions that work for everyone. Mediation sessions are confidential and can take place in a comfortable and relaxed environment. The mediator will not make decisions for you, but instead will help you and your spouse work together to come up with a solution that works for both of you.

How Budget Divorce Center Can Help

At Budget Divorce Center, we offer mediation services in Fort Myers Fl to help couples avoid court during their divorce. Our mediators are experienced in helping couples come to a mutually beneficial agreement, while also reducing stress, cost, and loss of control. Our process is designed to be as comfortable and relaxed as possible, with sessions taking place in a private and confidential setting. We understand that divorce can be a difficult and emotional process, and we are here to help make it as easy as possible.

Call Us To Schedule a Consultation to learn more.

At Budget Divorce Center, we offer mediation services that are designed to be comfortable, confidential, and effective. Call us to schedule a consultation today and learn more about how we can help you through this difficult time.

Default Divorce Judgment in Florida: What You Need to Know

Mon, 15 Feb 2021 18:29:00 GMT

If your spouse has filed for a divorce, you must answer the petition to begin the process. You have to answer the petition or go to court to have a say in the finalization of the divorce. Should you fail to answer the petition, your spouse often receives a default divorce judgment in their favor.
The following are some things you need to know about default divorce judgments and why you should make an attempt to answer.
What Are the Benefits to a Default Divorce Judgment?
You can benefit from a default divorce judgment, particularly when budgeting for the divorce process. A default judgment is less expensive because you have fewer additional attorney's fees and court costs for hearings.
Because of the reduced expense, some couples opt for a default divorce to save money. Prior to the divorce petition, one spouse will agree to file the complaint while the other will agree not to respond. This leaves a couple to settle the terms of their divorce on their own using their own counsel.
Another benefit is the fact that the divorce is finalized faster with a default judgment. You do not attend hearings or other court meetings. One person simply files for divorce while the other waits for the decree. Within a few weeks or months, depending on the court's backlog of cases, a default judgment is issued, much faster than the traditional divorce route.
What Are the Downfalls of a Default Divorce Judgment?
If you have a prior agreement before a default divorce judgment, one spouse may not fully comprehend the process. Once the defendant spouse does not respond to the petition for divorce, they do not have the right to contest the order once it goes to court.
If you are the defendant in a divorce and your spouse files the divorce petition, you do not necessarily know what is inside the petition if you do not look at it. If you do not know what is in the petition, you cannot contest it later if you get a default judgment.
This is particularly concerning if your spouse has tied certain financial claims to your divorce petition. You could lose your assets if you never looked at the petition, which can cause you a great deal of hardship.
Can You Overturn a Default Divorce Judgment?
Keep in mind that many judges do not grant default divorce judgments unless an extreme circumstance exists. Some courts may make valiant efforts to serve a divorce decree before a default judgment. A judge may recognize an attempt to deliberately get a default divorce judgment and be unwilling to grant the divorce.
In addition, the court may allow some time to overturn the default judgment if one party can provide a good reason for doing so. If this happens, the process starts over, wasting time and ultimately costing you both more money.
In the state of Florida, divorce laws require certain factors to overturn the default divorce judgment. You must first show there was excusable neglect, which provides a legitimate reason for not answering the summons within a certain period of time. You cannot claim you did not understand the law as part of excusable neglect. Excusable neglect includes illness or another significant emergency that prevents you from answering the summons.
You also have to show you have a meritorious defense, which addresses the essential parts of the case and doesn’t use tactics to delay the divorce case.
Finally, you have to show you acted with due diligence to respond to the default divorce judgment as soon as you learned about it. Your due diligence will depend on your own circumstances. Be sure to speak to an attorney to ensure you can properly satisfy this requirement of Florida divorce law.
For more information, please contact Budget Divorce Center .

Dealing With Insurance Policies During Divorce

Mon, 18 Jan 2021 17:45:00 GMT

In most families, couples have intertwining insurance policies. For example, you may share some policies or designate each other as beneficiaries. In such a case, you may need to extricate from each other's insurance policies if you divorce. You must handle the extrication delicately, fairly, and follow existing laws.
Below are tips for handling some common insurance policies during a divorce.
Car Insurance The first thing to note is that you can't remove your former spouse's name from the policy without their consent. The insurance company won't allow it. Here are a few tips for dealing with auto insurance during a divorce:

Wait until you finalize the divorce. At that point, you will move into separate households (addresses) and disassociate from each other's liability exposure.
Address the issue of car division. If you have one car, the person who gets the car should have their name on its title. If you have multiple cars, each person should have their name on their car.
Ensure you get a new policy before you cancel the existing one. Otherwise, you might incur a gap in coverage, which insurance companies frown upon.
Cover your teenaged drivers. If you have teenage drivers, place them on the custodial parent's policy.

Hopefully, the divorce decree will address the issue of car insurance, and you shouldn’t run into complications if your ex-spouse is cooperative. However, you can always seek the court's help if your ex-spouse is difficult.
Health Insurance Health insurance is critical since you can fall ill at any time, so you shouldn't go even a day without coverage. Luckily, there are laws in place to ensure that doesn't happen. But your post-divorce health insurance options depend on your existing coverage. In many households, one spouse relies on their partner's health insurance. In such a case, the Consolidated Omnibus Budget Reconciliation Act (COBRA) allows you to continue with the existing coverage for at least three years .
Other options include:

Medicare if you are 65 or older
Medicaid if you are eligible
Private health insurance if you wish and can afford it

If you have kids, the ideal thing is to agree on their health insurance after the divorce. The court will settle the issue for you, just as it will do for other divorce issues if you don't agree. For example, the court may order you to:

Keep the kids on an employer-provided health plan, if you have one
Purchase private health insurance for the kids
Share out-of-pocket medical costs, such as co-pays

A family attorney can assess your situation and advise you on the best healthcare plan after your divorce.
Life Insurance When it comes to life insurance, your beneficiary designations will probably change during your divorce. For example, many couples name each other as primary beneficiaries in their life insurance policies. If that's the case, you may want to delist your spouse as a beneficiary. Otherwise, your former partner may still get the benefits after your demise.
The court may also have a say in your life insurance policy. Say you have minor children who require child support. The court may require you to maintain a life insurance policy that covers child support.
Additionally, if your life insurance policy has accumulated some cash value, the money is part of your marital assets. The court will divide the money equitably between the two of you.
Divorce can be inexpensive if you go about it the right way. At Budget Divorce Center, we strive to make your divorce as simple and affordable as possible. We have been helping families with family law issues for over twenty years. Contact us for a consultation so we can determine the best way to help you.

4 Post-Divorce Issues You May Need Legal Representation For

Fri, 04 Dec 2020 21:19:00 GMT

Once a divorce is finalized, you may find some relief as a weight is lifted off your shoulders. Unfortunately, a finalized divorce doesn't always mean you have had your last day in court. Many issues may arise after the divorce that come unexpectedly or are a necessity as you try to move on.

Learn about four issues you may encounter and how a lawyer can help you through the post-divorce process to keep everything running smoothly.

1. Relocations & Custody

If you and your ex-spouse entered into a child custody agreement, a majority of the agreement was likely based on your current living situation. In some cases, one of the parents may decide to relocate and turn the custody arrangement into a long-distance situation. Ideally, you want to figure out the details in mediation, but this is not always the case.

If you plan to relocate, your ex may push back on the custody arrangement and details of the case. By going to court, you can get permission to move from a judge so you do not violate any of the custody terms by moving. A lawyer will help make a case for the move, whether the move is professional or personal.

For example, you may want to move closer to other family members for extra support. If your spouse is the one moving, then a lawyer can help work out a custody agreement for longer periods of time. Instead of traveling every weekend, you can arrange for week-long visits that reduce the amount of transportation needed.

A lawyer will break down the details, represent your case in court, and help you achieve an ideal outcome.

2. Debt & Credit Issues

Even with a financial split in your divorce, you may find some lingering connections to debt and credit issues. Credit accounts can become complicated and you do not want your credit to go down because of poor financial decisions an ex-spouse has made.

For example, you may have old joint credit accounts that were stagnant and not a part of the divorce proceedings. After a divorce, you may still be a part of a joint account. A full credit report can detail any of the accounts you are a part of and what type of debt is associated with the reports.

An ex-spouse may have used your name to obtain credit or may still be an authorized user on an account. A lawyer can help bring the cases to court, remove you from the accounts, and adjust any divorce settlements to reflect the financial changes.

3. Alimony Payment Changes

When alimony is set during a divorce, the amount is not locked in for the foreseeable future. You always have the chance to head back to court and adjust the alimony as needed. A lawyer can showcase several factors that will impact alimony payments.

If you are currently paying alimony, you may request a change if you've had a significant loss of income or if your ex has had an increase in income. The increase in income could be from other sources than just a job, including remarriage or a financial gain from a will or estate.

4. Older Child Issues

During an initial divorce, you may not see potential issues that arise when a child gets older. A child may have medical changes or other lifestyle changes that require changes in custody or parental decisions. When the problems arise, your current custody agreement may not include the proper wording and can create problems not solved through mediation.

As a child enters their teen years, they make seek more independence and not a strict custody schedule. A lawyer can help navigate the child's needs and draft up new custody agreements for the court.

Consult with us at Budget Divorce Center with any divorce and post-divorce questions you have. We will help present your case and provide the expertise surrounding divorce law and court cases.

Handling Special Properties in a Divorce

Thu, 05 Nov 2020 18:21:00 GMT

Asset division is sometimes a critical yet controversial snag in divorce proceedings. Some special properties tend to elicit more controversy than others. Below are some of the special priorities that you should pay more attention to during your divorce.

Pets

Pets belong to this group for one main reason. State law considers pets as property, whereas many people consider their pets as part of their families. Thus, Florida divorce courts subject pets to equitable distribution laws, just like other personal properties.

The court determines the market value of the pet, and each person gets their equitable share. One person gets the pet, and the other gets another asset with similar value.

Ideally, you should negotiate with your spouse for the pet — don't leave the decision up to the court. Consider the wellbeing of the pet. The person in the best situation to take care of the animal should keep it.

Sentimental Items

Money is not the only reason people fight for assets during a divorce. Many people have an emotional attachment to items and wish to keep them. Typical examples of sentimental items include artwork, photographs, and collector's items.

Unfortunately, courts don't usually consider emotions or sentiments when dividing property. The surest way to keep a sentimental item is to prove that it's separate property. You may also be in luck if you protected the item with a prenuptial agreement. Otherwise, you have no option but to negotiate for the sentimental items you want. You can trade them with other items your spouse wants.

Marital Home

If you own your primary residence, treat the home as a special property. The marital home is on this list because:

Real estate property is expensive
Many people have special attachments to their homes
Home replacement is not easy

Say your kids attend a good school, your workplace is nearby, and the neighborhood is relatively safe. You may struggle to get a home that offers all those, even if you have the money.

Even if the court awards each of you equitable shares of the marital home, you can't physically divide the property. Florida courts have three ways of dealing with the conundrum:

You can sell the home and divide the proceeds.
One spouse can buy the other's portion of the property.
One spouse may temporarily live in the home (for example, a custodial parent with a school-going child).

Real estate professionals can help you with the sale. For example, you will need to appraise the property to gets its fair market value. Tax advisors can also help you understand the impact of the sale on your taxes.

Retirement Benefits

Lastly, you should also pay special attention to retirement benefits. Retirement benefits, which courts consider marital property (for benefits accrued during the marriage), are tricky because:

Their value changes over time
They come in different types, and each is subject to different rules of division
They have significant value, especially after years of marriage
They are difficult to replace

For example, you often need a Qualified Domestic Relations Order (QDRO) to divide retirement benefits. However, pension laws do not obligate administrators of government pension plans to obey QDROs. Each municipality is free to accept or reject a QDRO. If you are in such a municipality, you might have to negotiate a plan that doesn't involve a QDRO.

Asset division is not always a walk in the park. You can spend countless hours and resources on asset division if you are not careful. Luckily, Budget Divorce Center can help you navigate the process at a reasonable cost. Contact us to review your situation and advise you on dealing with the special property in your divorce.

Tips to Prepare for a Divorce

Thu, 15 Oct 2020 16:55:00 GMT

Divorce is difficult, especially if you are not the initiator. A divorce without thorough preparation is even worse. Poor or lack of preparation can affect asset division, debt division, child support, child custody, spousal support, and almost all other aspects of the divorce. Below are some tips to help you prepare for a divorce.

Create an Inventory of Assets

You should know the nature, number, and value of your assets. Asset information is important because:

The court will divide your marital assets equitably. If you don't know all the assets and their respective values, you might end up with an unfair share of the assets.
Your respective income and assets determine child support amounts. If you don't account for all the assets, you might pay or receive less child support than you should — depending on the situation.
The value of your assets affects spousal support.

Therefore, investigate the location of your assets and make copies of their documents. For example, you should make copies of title deeds for all your real estate properties and bank accounts.

Document Your Respective Incomes

In addition to assets, your incomes also affect child support, spousal support, and asset division. Thus, you should know how much each of you earns. Don't just focus on regular income from your day jobs. Include all sources of income, such as:

Bonus payments
Dividends
Rental income
Income from side businesses

Again, gather evidence for all these sources of income. For example, you should make copies of pay stubs, your businesses' financial statements, and tax returns.

Document Your Debts

You will divide both your assets and debts during your divorce. You should know the true nature of your debts so that you don't end up paying more than you deserve. You should also document why you took each debt and whether you used the money for the intended purpose.

Documenting your debts will also help you know if your spouse incurs additional debt between the divorce filing and its finalization. That might help you deal with the dissipation of assets, for example, if your spouse incurs a huge debt for their enjoyment.

Update Your Estate Planning Documents

If you included your spouse in your estate documents, as many couples do, then you should reconsider their inclusion. For example, you might not want your spouse to hold your financial power of attorney if you are going through a divorce. You can't be sure that your spouse will honor your financial wishes in case something happens to you during the divorce.

Cancel Joint Financial Accounts

You also need to disentangle your finances from those of your spouse. For example, you should cancel joint credit cards and close joint bank accounts. This precaution will prevent your spouse from wasting your money or running joint credit.

In fact, you should open credit and bank accounts in your name. Use the accounts to start repairing your credit history since a divorce hurts people's credits more often than not.

Document Family Budgets

Lastly, you should document two types of family budgets. First, you should create a detailed budget for your household in the recent past. This budget will determine your standard of living during the divorce. Secondly, you should prepare a budget for your potential expenditures, such as rent and utilities, after the divorce. Both budgets will affect child and spousal support calculations.

In addition to all the above tips, don't forget to hire an experienced divorce attorney. The attorney will help you prepare legal documents, protect your legal rights, and advocate for your fair share of assets. Budget Divorce Center has experience in all these aspects of divorce — and more. Contact us so that we can start work on your case as soon as possible.

Can Divorce Be Simple Even With a High Net Worth?

Wed, 16 Sep 2020 13:44:00 GMT

Spouses with a high net worth or high income must often face a much more complex divorce than those with few assets to divide up. But just because you have more financial assets, does that automatically mean that you should dread a complex, 'messy', or ugly divorce? Not necessarily.

As with all matters related to divorce, each case is unique. But even a wealthy couple who appears fated for a complicated divorce may find it doesn't have to be. Here are six ways it can be relatively painless.

1. When There Was a Prenup

Prenuptial agreements are designed to do the work of a divorce agreement ahead of time. Both spouses would have agreed to certain conditions before getting married. Because prenups are usually drawn up to deal with financial matters — including what each spouse brought into the marriage and what they agree to take from it — they're one of the best ways to make a high-income divorce simple.

2. When Assets Are Liquid

High net-worth families often have assets in many different forms, which complicates their division. This could include multiple real estate properties, business ventures, investments in numerous institutions, or assets outside the United States. Many of these types of assets are difficult to divide up without selling, buying out the other party, or operating it together.

A couple whose assets are mostly liquid, though, may find property division relatively easy. If your assets are generally held in financial accounts that can be readily divided and liquidated, this part of the process can go smoothly.

3. When Debts Are Minimized

The other aspect of property division is dividing your debts. Debts — ranging from jumbo mortgages to highly-leveraged businesses — can be as complex to work with as non-liquid assets. These reduce the couple's net worth and must be paid by someone, which usually leads to further disagreement and negotiation.

If possible, you can make your divorce less complex by minimizing such debts before dividing your assets. Get rid of potential sticking points like credit card debt, business debt, and unnecessary loans to make your asset division much easier.

4. When There Is Alternative Dispute Resolution

Alternative dispute resolution helps keep your divorce out of the court system. The most common form, mediation, involves a professional who sits down with all parties and helps them find compromises to satisfy both sides. This can be done to hammer out just one issue — like support — or for many parts of the process.

During dispute resolution, outside experts, including lawyers or accountants, can provide useful information that will lead to financial solutions for high net worth divorces.

5. When Support Isn't an Issue

Ongoing financial support can be one of the biggest areas of contention among high earning households. When one partner earns much more than the other, the disparity is usually compensated through alimony — which requires negotiation.

You may not need to deal with alimony, though, if both partners are fairly evenly matched in earning power or can be compensated in one-time assets. And because child support is usually based on state guidelines, this aspect of divorce, too, doesn't necessarily need to cause complications if both parties agree to abide by these models.

6. When Assets Weren't Co-Mingled

Property division only involves marital property — not necessarily everything both spouses own. During a divorce, certain assets — such as an inheritance or money from the sale of an old home — that were the property of a partner before the marriage may have been kept strictly separate from marital property. This limits the amount and scope of financial negotiation.

Does your divorce fall into any of these categories? More than one? If so, you may be in for a pleasant surprise as you prep for divorce. The best way to find out what you can expect from your particular case is to meet with an experienced family law attorney as early as possible. Make an appointment with Budget Divorce Center today to see how simple we can make your divorce proceedings, so you can move forward faster.

Who Gets the Family Pet Upon a Divorce?

Tue, 21 Jul 2020 14:00:00 GMT

If you want to divorce and have a pet, you may be concerned about what will happen to the animal once you separate. State laws and the approach you take determine who gets to keep the pet.

The Legal Option

Current Florida laws consider pets as personal property. As such, the court will divide the pet just as other marital assets.

Florida uses equitable distribution laws, which categorizes property as either separate or marital property. Each person keeps their separate property, while the marital property undergoes equitable distribution between the two of you.

The Pet as Marital Property

Marital property includes everything you acquired after the marriage. The classification includes both the properties you acquired individually and those you acquired as a couple.

Therefore, if you bought a dog three years into your marriage, it will count as marital property. If your partner rescued a cat sometime during the marriage, the cat counts as marital property. The court will consider the dollar value of the pet and divide it equitably between the two of you.

Here are some of the factors that determine the division of marital property:

Your respective incomes
Marriage duration
Loss of pension rights
Your respective future finances
Taxation

Consider a case where the court determines that your pet is marital property, and the pet is worth $1,000. If one of you gets 60% of the marital property, they will get $600 for the dog, and the other person gets $400. In practice, the judge will give the pet one person and award the other equivalent money or assets.

The Pet as Separate Property

Separate property is anything that each of you had before the marriage. For example, if you had a cat and your partner had a dog before the marriage, then each of you will walk away with their respective animal upon a divorce.

Note that separate property can become marital property if you commingle the two. Consider an example where you had a puppy before your marriage, but you used marital resources to feed, treat, and care for the dog. The judge is likely to treat that dog as marital property if you divorce.

A Possible Alternative

Although the law treats pets as property, courts have a little leeway in how they handle pet custody. Courts can consider the best interests of the pet and award sole or joint custody – or even visitation rights. However, judges don't have clear guidelines on such issues, and they are not obliged to take that route. Thus, you can't bank on the court to give your pet special treatment.

The Best Approach

Pet division can cost you a lot of time and money if you leave it up to the judge. The best approach is to negotiate and determine the pet's custody outside the courtroom. Below are a couple of approaches you can take with the negotiations.

Pet as a Bargaining Chip

If you don't have a strong emotional attachment to the pet, then use it as a bargaining chip to get what you want. For example, if you have a motorbike (classified as marital property) that you both want, you can ask your partner to keep the pet and let you have the motorbike.

Shared Custody

Work out a shared custody arrangement if both of you want to keep the pet. Keep the best interests of the pet in mind if you opt for shared custody. For example, shared custody of a dog works best if you live in the same neighborhood — the arrangement gets complicated if you move to different states.

As you can see, you will be better off if you handle the pet issue without the court's involvement. Budget Divorce Center has a long experience in helping couples deal with similar issues. Contact us today, and we will help you settle your divorce issues without exhausting your marital resources.

5 Ways to Avoid Financial Trouble Because of a Divorce

Thu, 18 Jun 2020 18:12:00 GMT

It is not surprising that many people suffer financially when a divorce reduces their household income. Nearly one-third of Americans do not have money set aside for an emergency, so the cost of a divorce lawyer can overwhelm some people. Anyone living paycheck-to-paycheck needs to stay cautious about finances before and after a divorce. Here’s how.

1. Keep It Friendly

An amicable divorce benefits everyone involved. The divorcing couple and their children have less stress because of fewer arguments, and the legal process costs less. People that fight will need to consult with lawyers more often, negotiate lengthier contracts, and potentially spend more time in court.

A deep breath and a willingness to negotiate can help to reduce the animosity and lower some expenses. People may not always get everything they want, but they will also not have extensive legal bills like arguing couples with lengthy divorces.

A contested divorce can cost several thousand dollars. Couples that fight will often spend over 17 months to finish their divorce. Settled out of court, the entire ordeal usually ends within nine months and costs much less.

2. Choose Cheaper Divorces

Options exist to allow people to have a divorce without an enormous bill to a law firm. Couples can do all the paperwork on their own, file the court fees, and forgo any help. A do-it-yourself solution, however, does not offer a lot of protection for those who have assets to divide and children involved.

Another possibility is to choose a family law office that offers alternatives. Clients can use the firm for only detailed agreements rather than every phase of the process. Rates between law firms can vary too, so carefully check the hourly cost and other fees.

3. Divide Everything Fairly

People often worry about how they will divide their assets, but how they divide their debts matters too. The decisions become clouded when people blame each other for the bills or when one person feels the other did not make as much money as needed. Try to set these disagreements aside and create a sensible plan that shares the responsibility fairly.

Consider the option to liquidate all assets. It may seem difficult, but selling belongings can sometimes enable people to become debt-free. Less debt is preferable to living alone in a large home meant for a family or paying back a car loan based on two incomes.

4. Establish Child Support

About 27 percent of single parents live in poverty. The parent with primary custody of the child or children will typically have more expenses related to child-rearing. The cost of a larger home, more food, daycare expenses, and more can add up quickly. A fair child support agreement benefits not only the custodial parent but the children too.

Child support amounts decided by the state do not always adequately cover expenses. Sometimes, they can force the non-custodial parent to pay more than they can afford. Parents need to set aside their personal opinions of their soon-to-be ex and do what they can to make certain the needs of the child take priority.

5. Follow Divorce Agreements

Future court expenses can clean out bank accounts and make it impossible to pay the bills. Avoid the need to return to court by following the original divorce agreements. Try to negotiate together if support amounts need to change or other changes seem necessary. Negotiate together to amend the original order rather than begin a drawn-out court battle.

Couples only feel increased resentment when they stay together because they think they cannot afford a divorce. At Budget Divorce Center , we offer lower rates and individual services for couples that need a thriftier option than the traditional divorce lawyer. Contact us to learn more.

FAQs About Filing a Divorce With an Adopted Child

Wed, 06 May 2020 19:08:00 GMT

If you and your partner have decided to call it quits and you have an adopted kid or were finalizing the adoption procedures, you're probably in the dark about the laws and processes regarding divorce that involves an adopted child. But worry not. Here are four common questions about filing for divorce when you have an adopted child. Does Separation or Divorce Terminate Child Adoption? The answer to this question depends on the adoption option that you and your soon-to-be-ex selected. There are several  adoption options , the two most common ones being consensual adoptions — which include open adoption and agency adoption — and foster care adoption.  In a consensual adoption, the biological parent(s) has to voluntarily and legally agree to give their child up for adoption. If they decided to give up their parental rights because they were convinced that a married couple would adopt their child, they might ask to have their consent overturned if the married couple decides to separate or end their marriage. But things are different for foster care adoption. The biological parent's rights and privileges are terminated, which means that they have no rights to express their opinions on how a separation or divorce will affect the adoption rights. Another way that adoption can be canceled or derailed is if there is strong evidence that the couple was already anticipating separation or divorce before or during the adoption procedure.  What Determines the Adopted Child's Custody? As in divorce and separation cases involving biological children, you can make custody arrangements in a divorce involving an adopted child through one of the following methods: 

Method 1 : The divorcing parents can come up with a mutual custody agreement and make it legally binding. 
Method 2 : The couple may reach an agreement through the help of their legal representatives.
Method 3 : The child custody dispute may be litigated, and the court will have the final say on who should win custody. The court generally decides custody cases based on the child's best interests.

Irrespective of the option you and your ex-spouse choose to come up with in your custody agreement, it's great to have a family law attorney by your side. The attorney can use their experience and vast knowledge in family law to help you receive the best possible divorce and custody arrangement. Can You Get Child Support After Winning the Adopted Child's Custody? Yes, you can. When you and your partner adopted the child, you became the legal parents of the adopted child. You both got parental rights and obligations, which include equal responsibility to care and provide for the child. If you win custody, your ex (as the noncustodial parent) will be required by the court to pay for child support.  When Will Your Ex-Spouse Stop Paying Child Support?  Your ex's parental responsibilities will end when the kid reaches the legal age of adulthood (typically 18). But your ex won't stop making payments automatically when the child turns 18. If they want to stop paying for child support, they'll need a court order or your written consent that allows them to stop making payments.  Note that the answers in this guide only equip you with the basic information about what to do and expect in a divorce that involves an adopted child. You should consult a family lawyer before beginning your divorce process. A lawyer may provide you with legal advice that can help you make the right decisions and increase your chance of winning custody.  If you are in Florida and planning to file for divorce, don't do it alone. Our lawyers are committed to providing the legal assistance you need through the adoption process.  Contact us  now for more information.

Court Day: How to Maintain Professionalism During a Divorce

Fri, 24 Apr 2020 17:21:00 GMT

Divorces include many new and uncomfortable situations. People divide their belongings, make agreements on the care of their children, and leave their homes behind. Most divorces settle out of court, but some need to have a judge make a final decision. Intimidation can happen to anyone with no court experience, but preparation can help to calm rattled nerves.
Dress for Respect
Dress in the best clothing you have available and enter the courtroom looking well-groomed. Business formal clothing is a great idea but is not mandatory. Clothing makes a difference because it affects how people perceive you. People may feel more inclined to treat a professionally attired person with respect.
Well-dressed people also often feel more confident when they know they look their best. Courtrooms can make people feel vulnerable and insecure. Confidence helps to mitigate those uncomfortable feelings.
Keep all Promises
Negotiations take place before a divorce reaches a courtroom, and couples typically have some agreements in place before their day in court. Delays and added costs and conflicts occur when people get upset or angry and decide they do not want to honor a prior agreement. Avoid the need for more mediation and a new court date by staying on track with settled matters.
People need to negotiate with honesty to avoid second thoughts or regrets. Make certain you willingly accept any agreements made before the final court day arrives. Discuss your concerns with an attorney or spend more time in negotiation if you do not feel comfortable with the offer a spouse suggests.
Follow Attorney Instructions
The advice of a divorce attorney enables you to make sensible decisions throughout the divorce process. One of the benefits of hiring an attorney is their understanding of the courtroom environment. The suggestions they offer their clients about how to behave and what to say or not say are based on real-life experience. Follow their advice.
Arrive Without Children
A divorce affects the children as much as the parents, but they should not be involved in the process. An exception is if the judge must speak to the child before a custody decision takes place. Make certain your child or children have minimal exposure to anything else taking place during the court procedure. Kids do not need to hear about what mom or dad may have done wrong.
Act with Respect
The use of profanity, raised voices, and other out-of-control behavior can affect how the judge views the people in his court. Stay calm, professional and respectful of the judge. Behavior becomes even more important when the judge must decide custody. Someone that acts obscene or out of control may not impress the judge as a responsible parent.
Respect for the judge also means acceptance of the law. A judge cannot change their mind when the decision they make is based on the law. No amount of arguing, badgering, or insults of the law or the court will improve the situation.
Avoid Excess Information
Many people want people to pay for every wrong they commit, but you should resist this urge. Answer only the questions asked with relevant information. Unnecessarily divulging private information in a courtroom without a reason for the disclosure could embarrass any children involved and become a regretful moment for everyone if the information becomes public.
A divorce is never easy, but people can get through the process with less stress when they have professional guidance. At  Budget Divorce Center , we offer a specialized service that lets people have as little or as much representation as they need. We also offer full-service representation for those that want legal help at their side throughout the ordeal. Contact us for a consultation.

Divorce With a Toddler: How to Help Your Child

Mon, 23 Mar 2020 23:31:00 GMT

Divorce is difficult for children, no matter what age, but it can be particularly challenging for younger kids since they can't express themselves as well as an older child and they don't understand as much as school-aged kids.

If you're going through a divorce and you have a toddler with your soon-to-be ex, try to work together to make the changes in routine and environment go as smoothly as possible for your child.

What to Tell Your Toddler

Unlike infants, toddlers are old enough to understand the basics of the situation if you explain it in an age-appropriate way. It's best to talk to your child with your spouse so you can both reassure your child and make it clear that both parents love and want to be with them. Don't bring up the topic until you're sure you're going to go through with the divorce.

Keep things simple and direct. You don't have to talk about any events that led up to the divorce. Simply tell your child that you have decided to live in separate homes. Reassure your child that they will still be able to spend time with both parents, and stress that both parents love the child very much.

Don't bring up any anger or hurt you feel toward the other parent — just focus on the facts.

Toddlers may not ask questions or offer their own thoughts after you talk to them like older children often do. The lack of feedback makes the process of telling your child about your divorce a bit harder in some ways because you'll most likely need to talk your toddler through the process many times to make sure they understand.

How to Handle Your Child's Behavior

Most children under three or four years old simply aren't at a developmental stage where they can put their emotions into words and discuss them, so they process and cope with their feelings in other ways. Toddlers typically show big and difficult emotions through their behavior.

Many toddlers of parents who are divorcing or who have recently finalized their divorces regress to earlier behaviors. If your toddler is potty trained or in the process of training, you may find that they refuse to use the toilet and want to go back to diapers. Your child might stop sleeping through the night for a while.

Separation anxiety is another common behavior issue in toddlers of divorcing parents. Your child might be extra clingy and require a lot of attention for several months. Tantrums might be more frequent, so make sure you communicate with your former spouse about how you want to handle behavioral challenges so you can keep expectations and discipline consistent for the child in both homes.

What to Do About Visitation

One of the hardest aspects of divorce for many toddlers is adjusting to their parents being in separate homes. When it's time for your child to leave and go to the other parent's house, they might act out or cry. These behaviors don't mean your child doesn't want to see the other parent — it's just hard to go from one house to the other for toddlers, who thrive on routine and consistency.

But you can make your visitation plan as consistent as possible, which will help your little one adjust. Avoid any negative talk about your toddler's other parent, and keep things calm and peaceful when you meet for your child to go to their other home.

The parent who moves out should try their best to make their new home inviting for their child. Put some cheerful decorations up in their room, and make sure you have toys available. Let your child bring a special toy or blanket from house to house if they have one.

Budget Divorce Center helps divorce clients on a budget in Cape Coral, Florida, and surrounding areas in Lee County and Charlotte County. If you're considering a divorce, but you're concerned about the high legal costs, contact us to set up a consultation appointment today to see how we can help.

FAQs about Filing for Guardianship of a Child in Florida

Sat, 08 Feb 2020 18:45:00 GMT

There are multiple situations that can leave you with a child in your care who is not your own. For example, you may be a step-parent or a direct relative who has been left in charge of a child while a parent is away or sick.

Without legal guardianship of that child, however, you cannot make medical decisions, enroll the child in school, or give permission for the child to participate in certain activities. Guardianship is a necessity to provide proper care for a minor. Here are answers to some of the most common questions about obtaining guardianship of a child in the state of Florida.

Who Is Qualified to Obtain Guardianship of a Minor?

On the simplest level, there are two primary requirements for an individual to become a guardian of a minor in Florida. The individual must be at least 18 years of age and they must be a resident of the state. Non-residents may still be approved for guardianship if they are related to the child or they are the spouse of someone related to the child, and they have never been convicted of a felony.

Of course, there are several other qualifications that the court may look at when you apply for guardianship of a minor. For example, the court may do a home study to determine that you can offer a safe and stable living environment for the child.

Can You File for Guardianship Without an Attorney?

In order to file for guardianship of a child in the state of Florida, you do not necessarily have to get the help of an attorney. However, you will have many documents that must be filed and you may have to attend a court hearing. Seeking legal counsel as you try to gain guardianship of a child is wise because these cases can be more complicated than they seem.

Some of the issues that may come up when you file for guardianship can include:

You have some type of criminal background
You are unsure of where the legal guardian for the child is located
You are not directly related to the child

While you may have the best interests of the child in mind when you file for guardianship, the court must work to make sure you are a worthy candidate to take care of that child. Having an attorney to guide you through each step will be beneficial.

What Is the Difference Between Guardianship and Custody?

Guardianship is most often a temporary solution. For example, if you only plan to take care of a child while their natural birth parent is in an inpatient drug rehab program or incarcerated, guardianship would be a good solution. Custody tends to be a more permanent situation that takes more legal steps to achieve, but in some cases, custody may be more desirable than guardianship.

For instance, if a child is abandoned with you and the other parent cannot be found, filing for custody would likely be the better solution. Gaining temporary custody of a child is also possible in Florida. Filing for temporary custody can be a lot like filing for guardianship; some of the same steps apply. Yet, legally speaking, temporary custody is a different situation.

Any time a child is left without a guardian and is in your care, you have to be vigilant about doing what is best for that child. If a minor currently lives with you and you would like to obtain legal guardianship of them, contact us at the Budget Divorce Center . We don't just handle divorce; we also help clients with adoption, guardianship, and more.

3 Things to Know About a Marital Settlement Agreement

Wed, 15 Jan 2020 20:58:00 GMT

No divorce looks the same, but if you are about to go through one, you should keep your personal situation and your relationship with your partner in mind during your divorce planning. One alternative to explore is the use of a marital settlement agreement. Read on for three important details that you should know about a marital settlement agreement.

1. Marital Settlement Agreements Force You to Consider the Specifics of Your Divorce

A marital settlement agreement is a great tool to spell out you and your partner's expectations in regard to the separation of your finances and property. You will use the agreement to clarify who is responsible for specific debts and how you will split your assets. If you have kids, it can also include details regarding your parenting plan for your children, child support, and a child custody schedule for each parent.

When you have so many decisions to make, you may inadvertently overlook certain details. When you use a marital settlement agreement, you're more likely to address all of you and your partner's concerns regarding your separation.

This can expedite the divorce process and prevent animosity from building between you and your partner due to misunderstandings about the details of your divorce. The sooner you reach an agreement, the lower the legal costs related to your divorce will be.

If you ever have questions about what terms you or your partner agreed to after your divorce is final, all you need to do is consult your agreement.

2. The Use of a Marital Settlement Agreement Can Reduce or Eliminate Your Time in Court

If you want to keep the costs associated with your divorce as low as possible, you can reduce the amount of time that you spend in court. There are a couple of ways a marital settlement agreement can decrease your time in court.

Even fairly simple divorces have a lot of details to clarify. You need to spell out specifics regarding your possessions, finances, and children. If you fail to discuss any of these details or don't address them in your divorce, you may have to return to court multiple times to ensure that you and your partner agree on everything.

A marital settlement agreement also proves to the judge that you've spent time contemplating the details of your divorce and that you're properly informed of your legal rights. Depending on the circumstances of your divorce, you may be able to avoid going to court and just submit the required documents for your divorce. A judge is more likely to approve your divorce when it's clear both parties have given the details ample attention.

However, to realize the most benefits from your marital settlement agreement, have an attorney assist with the drafting, completion, and reviewing of the document. For the agreement to be valid, it must adhere to the guidelines set forth by Florida laws. An attorney knows how to create the document so that it satisfies all applicable legal requirements.

3. You Can Introduce a Marital Settlement Agreement at Any Time During Your Divorce

Perhaps you and your spouse initially agreed on most details of your divorce, but now you have second thoughts. Or, maybe you still agree but want to put the agreement in writing. You can use a marital settlement agreement at any point in the divorce.

You don't have to begin your divorce with a marital settlement agreement for it to be helpful. The paperwork for the agreement is filed with your final divorce judgment, but you can submit it at any point prior to the final judgment. Some couples also use a marital settlement agreement to assist with negotiations over details they don't initially agree on.

Want to see if a marital settlement agreement is right for your divorce? Contact Budget Divorce Center for a consultation.

A Childless Divorce: Ways to Cut Off a Partner for Good

Fri, 20 Dec 2019 20:50:00 GMT

When a divorce involves children, complications can arise and the couple is typically involved in each other's life for years in the future. If a couple has no children, the parties are better able to cut off the relationship completely.

If you are seeking a complete cutoff from your former partner, there are multiple steps to take during the divorce process. With the help of divorce attorneys, you will have the ability to completely cut ties and remove any ties associated with the person. Learn about some of the steps you should take.

Home Options

After a divorce, the home or apartment you lived in may be hard to define as just yours. In an effort to cut emotional and physical ties from your spouse, you may simply have to pack up and move out.

As you go through divorce proceedings, you can go through the process in multiple ways. For example, you could agree to sell the home and split the profits 50/50. You may even put in a clause to expedite the process or set a date limit for the sale of the home.

If you are looking for a quicker way out of the home you shared, consider giving the home to your spouse as part of the divorce. There are many options for this, including compensation for your half of the home or gaining assets which equal the value of half the home.

For example, you may get all of the owned vehicles while the spouse gets the home. A divorce attorney has the ability to break down the financials of a situation, giving you the best possible option while also allowing you to cut free from your partner.

Bank Accounts

Splitting bank accounts is another important aspect of a divorce. Once the assets get divided, take extra steps by moving to a different bank. A different bank removes any association with the previous accounts. It also eliminates the chance that you will run into your former spouse at your local bank branch.

A divorce lawyer can also ensure that all your accounts have removed your spouse as well. For example, you may have a retirement savings account that lists your spouse as a beneficiary. Before the divorce is even finalized, you will have the option to set up new beneficiaries for the accounts.

Digital Connections

Not only should you move on in the everyday interactions with your former partner, but you should cut off any digital connections as well. Make a full list of accounts to ensure you make decisions about each digital connection. Change all of your passwords and codes for various websites, especially for ones that your former spouse had access to.

Block or unfollow your former spouse on social media. The clean cut will help eliminate connections and the heightened emotions that come with a divorce.

You should also consider any digital accounts you may share with your spouse. For example, you may share video streaming sites, music websites, and other digital accounts including online shopping websites. To completely cut off yourself, you may ditch all of the websites and start fresh.

Remove any of your personal billing information from the account so you do not get charged or associated with the account in the future. If you want to keep specific services or accounts, a divorce attorney may advocate for those in negotiations.

Cutting off a former partner requires a good amount of work, but it can also make the divorce process more clear. For more information on divorces, contact us at Budget Divorce Center . We have experienced attorneys ready to help you with all your divorce needs and questions.

Trying Divorce Mediation? Develop the Right Frame of Mind

Mon, 28 Oct 2019 00:41:00 GMT

For many divorcing couples, mediation offers a less stressful route to a positive conclusion to the marriage. If you and your spouse are considering mediation, one key element is the right attitude toward the process. How can you approach your mediation in a way that will contribute to a great outcome? Read on to learn a few key ways.

Consider Both Persons' Needs

When in court, a divorcing couple is generally each focused on getting the best possible outcome for themselves and their children. Mediation takes a different approach. Its approach isn't 'all or nothing' but rather an effort to meet (or exceed) the minimum needs of each side. You will be better able to compromise in positive ways if you try to see things from the other person's view and genuinely wish them well.

For instance, if your ex-spouse works away from home throughout the week, you might realize that it would be unacceptable to them to be allowed visits with the children only during the week. Continuing with this option would likely doom your efforts and add conflict. Instead, you can reason on what better options you might offer and how these would make co-parenting more successful for both of you.

Believe in the Value of Mediation

Mediation is a valuable tool for many and it works in a large variety of situations — even complex cases. It is a time-honored method for sorting through emotionally fraught situations and is managed by well-trained professionals. So, embrace the process even if it takes time and patience. Try to avoid giving up too early or feeling like this can't work in your specific situation.

Remind yourself why you chose mediation to begin with. What do you want to get out of it? Do you want to avoid the stress of a court case? Do you want to have a calm and simple divorce? Do you want to avoid drama that may affect your children? Do you want to promote an amicable divorce and co-parenting situation?

As you keep in mind all the 'pluses' of this tool, look for ways to see how it is quietly and slowly accomplishing these goals. Think about how achieving these goals will help the next chapter of your life.

Work With the Mediator

Your mediator is likely an experienced legal professional who know how the best outcomes are found. Work with them rather than against them. Some people find it hard to be honest and open with the mediator, for instance. But this may limit their ability to help you find the best solutions. Let your mediator know what weighs on your mind, what your true needs and priorities are, and how you feel about this process.

If the mediator offers new ideas or out-of-the-box suggestions, take these seriously. Digest new options with an open mind, taking your time if necessary. Remember that the mediator has done this before and know what works for many couples. On the other hand, don't expect the mediator to do all of the work. The mediator is ready to guide and facilitate, but never forget that you have the power to make things work.

Mediation can be a softer and less dramatic divorce option, but it has great power. Instead of relying on a judge or lawyers to decide the outcome, you are crafting it yourself. You are creating your own agreement and charting your own unique path to a positive post-divorce life.

At Budget Divorce Center , we understand this. Our professional mediation team can help you approach mediation in a positive way and earn positive results. Call today to make an appointment.

3 Differences Between Collaborative Divorce and Mediation

Wed, 11 Sep 2019 08:32:00 GMT

Reaching a decision to end your marriage can be one of the most difficult things that you do in your lifetime. Once you have determined that dissolving the marriage is in the best interest of both parties, you will need to determine the best way to go about getting divorced.

Divorcing couples have a few different options available to them. If you feel that your divorce will be amicable, you can choose to rely on either collaborative divorce or mediation to help you and your spouse come to an agreement regarding the terms of your divorce.

Both collaborative divorce and mediation can be cost-effective and non-confrontational ways to end a marriage, but there are some differences between the two processes. Understanding these differences will allow you to choose the method that makes the most sense for your divorce.

1. Number of Parties Involved

One of the primary differences between a collaborative divorce and mediation is the number of parties that will be involved in the process. Mediation requires only you, your spouse, and an experienced mediator to help guide the process. Either spouse can hire an attorney to assist with mediation if they wish, but most forego legal representation to keep costs as low as possible.

Collaborative divorce requires that more people get involved in the divorce process than mediation. Both spouses will hire an attorney to represent their interests, and these attorneys will schedule meetings with financial counselors, mental health professionals, parenting plan specialists, and other professionals to offer expert advice in all areas of the divorce.

Having the help of these professionals will help ensure you don't overlook any important details, but it can increase the cost of your divorce proceedings.

2. Time to Completion

Divorces that are resolved amicably between spouses typically take far less time to complete than divorces that are contested. Mediation can be one of the quickest ways to obtain a divorce.

Assuming that you and your spouse are on the same page regarding the distribution of assets, the creation of a parenting plan, and the splitting of financial obligations, you can complete your divorce in a single mediation session. The average number of sessions needed to complete a mediated divorce is three to four .

Collaborative divorce can be just as amicable as a mediated divorce, but the timeline for this type of divorce will be longer. The addition of professional advisors and experts to the process requires that multiple schedules be coordinated in order to complete a single discussion session.

The longer time frame of a collaborative divorce does allow for a thorough examination of all aspects of your marriage to ensure that your divorce is fair and equitable for both parties.

3. Neutrality

Another area where collaborative divorces and mediation differ is in the neutrality of the parties. A mediator is a completely neutral third-party whose primary purpose is to identify problems and guide couples to a mutually beneficial resolution.

A mediator offers information, as opposed to the advice that will be offered by the attorneys involved in a collaborative divorce. Each attorney will be dedicated to securing the most favorable outcome for his or her client during collaborative divorce proceedings.

Both attorneys will agree to avoid combative tactics in reaching a divorce agreement, but there is no neutrality required.

Divorce is often thought of as a costly process, but it doesn't have to be. You can rely on collaborative divorce or mediation to help you and your spouse reach a mutual agreement without incurring hefty legal fees and court costs.

Contact Budget Divorce Center for more information on using collaborative divorce or mediation to help you reduce divorce costs in the future.

Simplified Dissolution of Marriage In Florida: Do You Qualify?

Wed, 21 Aug 2019 17:15:00 GMT

Florida has the seventh-highest divorce rate in the country with roughly 50,000 couples in the state who seek a divorce annually. Even though these numbers make it sound like couples in Florida are unhappy, the numbers are actually more relative to the fact that Florida is one state that makes the dissolution of marriage a more simplified process.

If you live in Florida and seek a divorce, you may have the option of filing for a simplified dissolution of marriage, which is not very time-consuming and easy to do. However, not every couple will qualify for a simplified dissolution of marriage; certain factors will prevent you and your significant other from qualifying for this type of divorce.

You Won't Qualify If You Have Children

The Florida Bar states that you will not qualify for a simplified marriage dissolution if you have children under the age of 18, dependent children, or adopted children. Likewise, you will not be able to go the simplified route if you or your spouse is pregnant. Cases involving children are naturally going to be more complex and involve things like custody decisions and child support.

You Won't Qualify If Both of You Don't Agree the Marriage Is Broken

Unlike some states, Florida does not require much for you to file for a divorce. The only thing that has to be proven is that the marriage is irretrievably broken.

According to the Legal Dictionary, the irretrievable breakdown of a marriage is basically defined as when both the husband and the wife aren’t willing to live together, which destroys their husband and wife relationship. Both parties need to feel that their relationship is irreparably damaged.

As long as both parties in the divorce agree that there is no hope to save the marriage and all other criteria are met, you can file for a simplified dissolution of marriage in Florida. If one spouse does feel the marriage can be saved, the divorce would not be an amicable decision, and the simplified method will not work.

You Won't Qualify If You Can't Agree On Asset Division

One of the most common reasons for disagreements in a divorce is asset division. When two people have worked together to accumulate their tangible properties, it is understandable that both parties should be entitled to their fair share after a divorce. However, there can be disagreements about:

Who gets which properties
Whether a home will be sold or given to one spouse or the other
Properties that an individual acquired on their own or had before marriage

To qualify for a simplified dissolution of marriage, both parties must agree on the division of property. Likewise, they must agree on the division of debt. If there are struggles in this area, another filing option may be necessary unless you can quickly come to an agreement.

You Won't Qualify If You or Your Spouse Is Seeking Alimony

Seeking alimony is a typical thing if one spouse made significantly more money than the other in the relationship. A certain level of support has been expected for the individual who did not make an income or did not make as much, which may entitle them to alimony. If either of you are seeking alimony, simplified dissolution will not be a possibility.

If you find out that you cannot file for a simplified dissolution of marriage because of these or other factors, it is more likely that you will need an attorney to help you through the process. If you need help filing for divorce in Florida, reach out to us at Budget Divorce Center for more information about how we can help.

The Complications of Divorce When One Spouse Is Imprisoned

Wed, 17 Jul 2019 01:50:00 GMT

Divorce is always difficult, but certain matters can complicate the divorce process. For instance, if you have a spouse who is currently incarcerated, you might have a lot more questions about what to expect as you begin the marriage dissolution. This guide seeks to answer the questions many people have when a spouse is behind bars.

Can You Divorce a Spouse Behind Bars?

Absolutely, you can divorce a spouse who is in jail or prison. In order to divorce anybody in Florida, you must meet the residency requirement, which means that either you or your spouse must have lived in Florida for at least six months .

Much like with any other kind of divorce, you have the ability to file for divorce and the respondent has the right to respond to the paperwork within 20 days of receipt. The divorce is actually pretty quick so long as both parties agree to the divorce, and if you don't need to go through child custody or alimony hearings.

One of the challenges you could face involves serving your spouse the divorce paperwork. Your attorney will know local protocol for serving the paperwork, which may involve the sheriff's office or certified mail. The good news is that you will not have difficulty when it comes to knowledge of the location of your spouse. Service of the divorce paperwork should be easy.

Even if your spouse does not agree to the divorce, you are not out of luck. You can still obtain a divorce through the court, but you may have to do more than sign the paperwork. If your spouse refuses to sign the paperwork, your attorney will provide information specific to your situation.

Do You Need to Have a Reason to Divorce in Florida?

In Florida, the courts have a straightforward process for a marriage to end. You can simply claim that the marriage is " irretrievably broken ." With one spouse in prison or in jail, you may find it easy to demonstrate that you do not have a strong, positive relationship you can mend.

Essentially, your reason for divorce does not need to have a direct link to your partner's current incarceration, but you may certainly use it as a demonstration that the marriage will not work out.

Will Your Incarcerated Spouse Attend a Hearing?

In most cases, an incarcerated spouse can attend a divorce hearing. If they are not able to attend in person, they can hire a divorce attorney to attend the court hearings on their behalf. For cases in which you move to eliminate their parental rights, they are likely to attend the hearing in person.

Can Inmates Pay Child Support?

If you have a child with an incarcerated individual, they may still be ordered to pay child support. Your spouse may have outside resources they can use to pay the support, or they may be ordered to pay back any money they earn while in prison.

What Is Your Next Step?

Your next step in the pursuit of a divorce is to speak with a family law attorney. Your attorney is a great resource for information related to the end of your marriage and the next steps you need to take. Attorneys provide clear and insightful counsel that can help you navigate the complexity of divorcing an incarcerated spouse.

Budget Divorce Center understands your plight. We work with clients who have a variety of reasons to consider divorce. Whether your loved one is in prison or will spend just a few months in jail, you have the right to seek a divorce. Call our team of attorneys today to discuss your divorce options.

The Amicable Divorce: 5 Tips for Keeping Things Friendly

Fri, 28 Jun 2019 06:36:00 GMT

A divorce doesn't mean that you need to hate your ex-spouse. While any divorce can involve some animosity, many people find that they simply aren't well-suited to a relationship with each other — and sometimes, that's no one's fault. An amicable divorce is far less costly than a contested divorce, as well as faster. Here are a few tips for keeping it friendly.

1. Consider Going through Counseling (Especially If You Have Kids)

Counseling isn't just for prolonging a relationship: it can also be for healthily exiting out of one, as well. If you're going to be co-parenting with your soon-to-be-ex, you'll need to maintain your communication skills. Going through couples counseling will help you learn more about what happened during your relationship, the breakdown, and what both of you can do to improve.

This won't just help you with an amicable divorce. It will also help you rediscover yourself and create healthier future relationships.

2. Get a Legal Adviser Early On

Many people make the mistake of deciding upon an amicable divorce as a way to avoid lawyers. If you have significant assets, children, or even pets, that's a mistake. There are complex legal issues to navigate, such as the distribution of assets gained during the marriage, and the custody of children and pets.

If you don't have legal advisers, this can turn into a morass of confusion and arguing. Legal advisers will be able to outline what each of you is fairly due, and help you in making critical decisions regarding your separation. Remember: both you and your spouse should have separate advisers, as well.

3. Think Before You Communicate

Divorce is often an emotional powder keg. Since you're going through many changes, you may feel the need to blow up on each other — even if your issue isn't really with each other. But you need to remember that all your communications could have an impact on your divorce, and words said in haste could have dire consequences.

Before you communicate, initiate a cooling off period. Take an hour to think about every email, text, voicemail, or call. This is again especially important if custody is an issue, because custody tends to make divorces more complex.

4. Draw Clear Boundaries

Keeping things friendly can also go the other way: sometimes it can make the divorce feel as though it isn't final, or that there's still some hope for reconciliation. Make sure that you don't fall into old habits, such as eating meals together, or going out together, because this can lengthen and confuse the process of divorce.

Many aspects of the divorce have a "timer" on them, where certain meetings, agreements, and documents need to be completed by a certain time, or the clock is reset and the divorce process has to begin again. You don't want to go through these timers. If you find yourself malingering on your divorce, it may be time to have an honest discussion.

5. Get the Finances Straight

Temporarily, you may need to come to a financial agreement so that both of you are able to continue with your lives unhindered. Your lawyers can help you draft up emergency agreements to make sure that both of you have what you need. Separating a single household into two is never easy, but divorce attorneys are skilled at determining the best possible way to do so.

Cash is one of the major reasons for a divorce, so it stands to reason that it can also be one of the most frustrating aspects of a divorce. If one party doesn't presently have enough money to live on, they are more likely to be resentful and bitter during the process.

It's important to note that a friendly divorce isn't always a healthy divorce, especially if you don't have legal help. Being too friendly can mean that you get taken advantage of, especially if you're the only one who wants to keep the peace. That's why it's important to get representation. Contact Diane Dramko, Attorney at Law to schedule a consultation today .

Who Gets the Pets in a Divorce?

Thu, 06 Jun 2019 09:13:00 GMT

When a marriage ends, a lot of drama begins. Formerly loving spouses may find themselves at odds over things like furniture, vehicles, and children. Unfortunately, the same can apply to pets during divorce proceedings as well.

Can't figure out who is going to get the dog? No matter how much you see your pet as part of the family, the courts don't necessarily see it the same way.

What Are the Laws About Pets in Divorce?

Some states have laws for family court based on who will get the pets after divorce. For example, some states will establish a visitation plan for pets. Unfortunately for many pet owners, this is not the case in Florida. Florida judges do not always take into consideration the best interests of the pets.

In Florida, pets are considered property, and the divorce court will see them as such in making decisions. They are part of equitable property, and the judge can make the ultimate decision regarding who the pets will go home with.

The judge can consider a variety of factors in deciding which individual should receive the pets. Questions may involve a consideration of whose lifestyle is better suited for pets and who tends to take care of pet-related expenses.

If two parties wanted to set up a visitation schedule, they would need to do this on their own. Privately, they can also determine how much money each party will spend on the pet. The two parties might consider this as part of mediation if they are willing to avoid going to court. For many parties, this is a great way to avoid the judge making a final decision.

How Do People Get Pets in a Divorce?

One of the easiest ways people can get the pets in a divorce is to agree to give up another piece of marital property. Some people will give up the family home in exchange for the family's pets. You can work with your divorce attorney to ensure that you receive what is rightfully yours according to Florida's divorce laws.

Additionally, if the pet entered the marriage by ownership via one party, that pet will likely remain with this party after the marriage as well. For instance, you may have owned a cat before you ever met your spouse, and you would like to keep this pet when you divorce. If you can prove that you owned the cat before you got married, you may have no issue getting custody of your pet.

Finally, you can include your pets in a prenuptial or postnuptial agreement. You can write up a document with an attorney sharing your wishes. For instance, you might include that one party receives the cats and the other receives the dogs in the case of a divorce. The court will honor these agreements if they are legal.

Should I Hire an Attorney?

Many people are unwilling to get rid of their pets, no matter what happens with a marriage. If you are passionate about keeping the pets in your house, you may need to hire an attorney to ensure that you can create a plan that allows you to receive your pets as part of your property.

You do not have to have a combative divorce in order to hire an attorney. In fact, you can hire a family law attorney to manage your collaborative divorce involving pets.

At Budget Divorce Center , we offer divorce services for Florida families. We understand that your pets feel like family, regardless of the law's consideration. Call our office today so we can take a look at your situation.

Divorce and Wealth: What You Should Know

Tue, 30 Apr 2019 04:16:00 GMT

When all is said and done, the dissolution of a marriage is much like ending a business contract. When a couple divorces, part of the process is to identify and divide the marital assets among both parties of the marriage.

If you and your spouse have a high net worth and a substantial financial portfolio, the asset division process becomes more complex and time consuming. Some divorces with many assets can take months or even years to fully settle. The following are some different ways wealth contributes to the complexity of divorce.

Do You Have Prenuptial or Postnuptial Agreements?

Before anything happens with assets, you first need to address any marital agreements you made. A prenuptial agreement is something you and your spouse agree to before your marriage. The agreement outlines who is bringing what into the marriage and addresses what will happen to certain assets should the marriage end. A postnuptial agreement is similar but signed after marriage.

If you have either of these agreements in place, your attorneys will use it as a starting point on how to divide the assets between you. Keep in mind, however, you or your spouse can challenge a marital agreement in court if either party does not believe the agreement is enforceable.

What Types of Wealth Do You Own?

Wealth in a marriage can be in a variety of forms. If you own a company, much of your personal wealth is tied in to your business finances. Other types of wealth include investments, residential or commercial property, intellectual property, high-value collections, international holdings, and the like.

These assets have to be valued and traced. This means you have to involve a variety of professional and legal experts to help fully determine your wealth before the process of asset division can move forward in court.

What Types of Experts Are Necessary?

Depending on the different types of wealth you both own, you may need to employ a variety of different professionals to fully gauge who is entitled to each portion of wealth in your marriage. You will definitely need an accountant and tax professional. You may also need a forensic accountant, particularly if you believe some assets to be hidden from you.

You may also need the expertise of an appraiser for different types of property or collections. For instance, if you own a fine art collection, an art appraiser will provide you an estimated valuation for the collection so you each receive equitable value.

How Is Spousal Maintenance Decided?

Another issue to contend with is spousal maintenance, also known as alimony. Although spousal maintenance is common in all types of divorces, those with higher wealth have to take many factors into consideration when determining the final figure.

For example, if one of you will maintain control over your business, the other could need a higher amount of spousal maintenances to offset the valuation of the business.

Do You Have Privacy Protection?

Although many divorces are not objects for spectators, high-wealth divorces can attract more attention. For this reason, you should have some privacy protections in place. You have several legal options to keep your divorce details private if you settle out of court. However, if you take the divorce through litigation, the details of your divorce are more likely to become public.

Are You Prepared for Disputes?

When you have a high-wealth divorce, the likelihood of contention between you and your spouse is increased. This means your divorce will take longer to settle until you can both come to a variety of agreements on your various financial holdings. Disputes will also add to your overall divorce expenses.

If you have any questions about your divorce or need assistance with your case, please contact Budget Divorce Center.