Naples Family Law Blog

How can I talk to my child about divorce?

Parents in Florida faced with divorce often find it difficult breaking the news to their kids. In this case, how you talk about your divorce can have a real affect on the emotional impact it has on your children, as well as on their relationship with you and your ex. Accordingly, HealthyChildren.org offers the following tips to assist you when talking to your kids about divorcee.

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Florida courts look at your children's needs in custody cases

For Florida parents considering a future divorce, the biggest concern is often their right to child custody. No one wants to make a decision that could negatively impact their relationship with their children. However, staying in an unhappy marriage out of fear of changing things isn't necessarily the best decision either.

Many people still believe that one parent or the other wins custody in a divorce, which may scare them out of filing. However, this situation is less common than in years past. Assigning custody to one parent typically only happens in special circumstances. In most other situations, the courts will create a shared custody arrangement that incorporates both parents into the lives of the children.

Financial hardships and the divorce process

When a couple ends their marriage, many issues may surface. Strong emotions are common, especially when a custody dispute or some other serious family law challenge arises. Moreover, the financial impact of a divorce can be staggering. You may be able to lessen the financial impact of ending your marriage through preparation. At the very least, you may be better prepared to emotionally manage the different ways in which your divorce will affect your finances.

During the divorce process, couples may struggle with property division, child support orders, alimony, legal costs and other financial matters. For example, some people may already be facing financial hardships prior to their divorce, such as someone who lost a job or experienced some other financial blow. Financial problems may even be to blame for a couple’s marriage falling apart. Furthermore, some people may become depressed after their marriage ends and develop a gambling problem, for example.

Divorce mistakes everyone should avoid

Each divorce comes with its own set of challenges and complications that makes it unique. For instance, perhaps when your best friend got divorced, she and her ex had a long and drawn-out custody battle. With your upcoming divorce, the main fight might not be over which of you gets custody of the kids, but what to do with your beach-front property in Naples. Even two divorces that seem like they are the same will probably be very different.

Even though divorces vary greatly among individuals, it is still possible to make the same mistakes. Unfortunately, even a minor mistake can cost you big once your divorce is final. Here are a few divorce mistakes that everyone should avoid.

Leaving an abusive marriage

For some people, the decision to file for a divorce may be based on a simple desire to part ways because the partnership is not compatible, or someone has found a new partner. For others, such as those who have been subjected to domestic violence, the decision to divorce may be based on a serious need to protect oneself. If you have experienced domestic violence, it is pivotal for you to know all of the options that you may have to ensure the well-being of yourself as well as your children. Moreover, you should carefully approach the process of divorce and other family law issues that may arise (such as a dispute over custody).

Regrettably, many people have been subjected to abuse at the hands of their spouse or have witnessed their children be abused by their marital partner. This can be terrifying and unfortunately, some people are too afraid to leave their marriage because they worry that there will be repercussions. You should know that there are a number of steps that domestic violence victims can take to protect themselves, such as obtaining a restraining order, and that living in fear of being abused is unacceptable.

The importance of compliance in juvenile dependency cases

Most parents would do anything for their children. Even when parents struggle to make the right choices, they still typically love their kids. Sadly, poor decision-making in adulthood can sometimes lead to issues for the entire family. If a parent faces accusations of abuse, addiction or neglect of the children, the State of Florida could step in and terminate that parents rights to the children.

The kids can then end up placed in foster care or perhaps with a family member. The whole experience can be stressful and traumatizing for everyone involved, especially if the children are very young. For parents who have lost their legal right to their children, getting it back can be an urgent matter. Thankfully, the Florida family courts typically create a clear pathway for parents to follow if they wish to terminate a juvenile dependency or regain custody of your children.

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.

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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
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