Unfortunately, the majority of divorces and family law issues cannot be simplified and are not easy. Divorce tends to get more complicated when the parties feel strongly about what is at stake. Disagreement is more common where couples have assets, children or both and cannot agree on how their new lives should be divided. During this stressful time, the last thing you need add to your plate is filling out forms, figuring out how to file documents with the court yourself or trying to learn the law. For these reasons, you might find that hiring an attorney will make life a little easier and less stressful for you. The attorney can guide you through the process, explain how things work, and most importantly, prepare and file all the necessary paperwork. Some spouses are still upset about the breakdown of the marriage and are simply not yet ready to speak with one another directly about their wants or needs regarding the divorce. Finally, you might find that an attorney can be a much needed intermediary between you and your soon-to-be ex spouse. The attorney is more than capable of handling matters at a trial, and can more easily facilitate settlement beforehand.
"Custody" of Children
In Florida, the term “custody” is no longer used to describe the amount of timesharing or responsibility a parent has relating to his or her child(ren). A lot of different factors will determine how many overnights or holidays a child should spend with each parent, or whether both parents should be responsible for making important decisions. Also, parenting plan and timesharing schedule will need to be established prior to the divorce. This can be done by agreement or by a judge after each side presents their case. If decided by a judge, he or she will decide based on what is in the child(ren)’s best interests.
Marital assets are typically divided equally between the parties, but Florida Statute sets forth factors that may allow for unequal distribution of assets. Marital assets include: bank accounts, money earned during the marriage, real estate or other property. Of course, determining marital assets is not always so simple. Which assets are truly “marital”? Should there be an offset in assets to the spouse who has agreed to accept responsibility for the home that is worth half of what the couple paid for it? If your spouse gave you a really nice diamond tennis bracelet or watch, does that count as a marital asset? These are very important and sometimes complicated questions that need to be answered before providing the Court with a proper and accurate disclosure.
The Balaguera Law Firm serves clients located in the following cities: Fort Lauderdale, Hollywood, Sunrise, Lauderhill, Cooper City, Oakland Park, Miami, Boca Raton, Pembroke Pines, Coconut Creek, Pompano Beach, Davie, Aventura, Sunny Isles, Plantation, Weston, North Miami, Hallandale, Hialeah, Coral Springs, Miami Gardens, Miramar, and Hallandale Beach, as well as Broward County, Miami-Dade County, Dade County, and Palm Beach County, Florida.
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