Naples Family Law Blog

Preparing yourself for property division

Our law firm knows that divorce issues can be hard for many reasons. Some are very emotional, such as those which involve a custody dispute, while others may be difficult from a financial point of view (child support, alimony and so on). Property division can be hard from both an emotional and financial standpoint, bringing up concerns about losing property with sentimental value and assets that one has worked hard to acquire. In Naples and other cities throughout the state of Florida, those who are preparing to split up with someone they are married to should carefully go over property division laws and try to prepare.

When it comes to property distribution, it is crucial to keep in mind that the laws vary from one state to another. Furthermore, there are a lot of factors that can have an impact on how marital property is split up, such as the financial circumstances of each spouse, the length of a marriage and so on. Some people who are not aware of the way in which property is split up are caught off-guard during their divorce and have an especially hard time dealing with the court's decision. On the other hand, some people are fully prepared for property division and they are able to brace themselves beforehand.

Focusing on your divorce in the midst of other challenges

When a married couple decides that the time has come to bring things to an end, there may be many areas of uncertainty. For example, questions could arise regarding family law issues which involve children, such as child support or a dispute over custody. Financial issues may also become problematic, especially for couples with considerable assets. Property division, alimony and many other family law issues can create challenges for couples in this position. Sometimes, external stressors which have nothing to do with family law can further complicate matters, and it is important to make sure that these challenges do not interfere with your divorce.

For example, you or your spouse may be struggling with an addiction to drugs or alcohol, or you could be going through emotional hardships after relocating recently. You may be having a hard time due to a cancer diagnosis or some other health issue, or there could be any number of other hurdles that you have to try to work through. Unfortunately, these difficulties can get in the way of family law cases. They may leave people with high anxiety and take up a considerable amount of free time, negatively impacting one’s ability to obtain a favorable end result in court.

Special considerations for divorcing same-sex couples in Florida

For fewer than 10 years, the LBGTQ community across the entire United States has had the federal right to marry whomever they want. However, marriage equality doesn't just mean the right to plan a legal wedding with your partner. It also means the right to seek an equitable divorce under the law.

Some states, which took the step of legalizing same-sex marriage prior to the Supreme Court case of Brenner v. Scott, already had statutes and practices in place that address the unique concerns of same-sex parents in a divorce.

Can a parent’s health affect a custody determination?

When it comes to family law, child custody can be an especially sensitive area. If you are a parent who is preparing for a custody dispute, it is pivotal to find answers to your questions and prepare yourself for what may lie ahead. For example, you should go over the different factors that are taken into consideration by courts when it comes to custody rulings which aim to protect a child’s best interests. Moreover, the laws vary from state to state, so it is crucial to be aware of various issues that could affect your case.

Material published by the Child Welfare Information Gateway points out that there are many factors which are taken into consideration when it comes to custody determinations. In some states, the health of each parent, both mentally and physically, is considered when courts review a case and try to work toward an outcome that is in the best interests of a child. Furthermore, the physical and mental health needs of children are also reviewed by courts in many states during the custody determination process.

If you're serious about getting divorced, update your estate plan

There are a lot of details to keep in mind when going through a divorce. It's easy to overlook some of the more important steps when you're focused on fighting over custody and asset division. Divorce may not make you think about updating your will, but that's something you need to do.

After all, divorce isn't just about ending your marriage legally. It's also about untangling your life from that of your spouse. Reviewing all of your estate planning documents to remove your spouse from significant roles is a necessary, if often overlooked, part of the divorce process. Now is the perfect time to review your last will and other documents to make sure they reflect the recent changes in your life.

Ending your marriage over an emotional affair

There are all sorts of factors that can contribute to a couple’s decision to split up, whether the decision is mutual or one party is determined to move on from the marriage. Infidelity is a major reason why many couples end their marriage and people do not always have affairs that are physical in nature, but some may be emotional. In the digital age, there are many different apps and new methods of communication, such as video chat, which can make it easier for people to have these types of affairs with others from across the globe.

If you found out that your partner was having an emotional affair, you may be devastated. Anger, depression and anxiety may arise in the wake of this discovery and you could be affected by this affair to such an extent that you no longer want to remain married. In some cases, couples are able to work through these issues through counseling, while no level of counseling may help others continue on in the marriage.

Psychological manipulation and parental alienation

Are you worried that your ex is going to ruin your relationship with your children by actively working to turn them against you?

It's a serious concern. Understanding of the concept is relatively new, and it is often referred to as parental alienation, but that does not mean it hasn't been happening for a long time. It is very important to know how it happens and what to expect.

DUI, domestic violence and custody

Parents may work through many difficult issues when they decide to divorce, such as child support, property division and other family law matters. However, custody can be particularly tough and some people may have an especially hard time dealing with child custody matters. For example, victims of domestic violence, as well as those accused of domestic violence (even if they are innocent), can face a number of challenges when it comes to a custody dispute. Moreover, drunk driving charges and other legal issues can impact a custody case also.

If you have been subjected to domestic violence, or your child has been abused by his or her other parent, you should do all you can to protect yourself and ensure that your child is safe. Sometimes, however, people are wrongly accused of family violence, which can prevent them from securing custody or visitation rights. For example, a former spouse may decide to falsely accuse their child's other parent of intimate partner violence in order to obtain a more favorable outcome with regard to a custody dispute.

Preparing for the emotional side of a custody dispute

When people split up, they may face a number of divorce-related hurdles, such as those which involve money (child support, alimony, property division, etc.). However, divorce cases can bring up especially difficult challenges for couples to work through, such as a dispute over the custody of a child. If you expect to find yourself in a difficult custody dispute, or you are already going through this right now, it is helpful to prepare for the different emotions that may arise. Moreover, if you do struggle with negative emotions during the dispute, which is not uncommon, it is essential to prevent these emotions from hurting your case.

Custody disputes can make parents feel anxious due to concerns about their child’s future and whether or not they will be able to spend as much time with their child as they wish. Some may even become angry with a court decision or the child’s other parent and depression may also arise in the wake of a custody ruling. It is vital to find healthy solutions to these negative feelings.

Managing your finances during a divorce

Usually, deciding to file for divorce is an emotional experience. However, while the heart may fuel the decision-making process, it is important that the brain ensures that the decision will be a wise financial move. Before filing for a Florida divorce, it is important that you carefully consider all of the financial implications. That will allow you to employ a lucrative strategy to safeguard your future.

Keep in mind that it's possible to thrive financially after a divorce. Those who do usually conducted sufficient research into the divorce process before taking that big leap. Below are some tips for financial planning before filing a divorce petition here in Florida.

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Beverly L . Brennan Attorney & Counsellor At Law - Naples Florida

Beverly L. Brennan, P.A.
3033 Riviera Drive - Suite 202
Naples, FL 34103

Toll Free: 877-482-5176
Phone: 239-963-8895
Fax: 239-434-0114
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