Naples Family Law Blog

Some people in Florida who are getting married might want a prenuptial agreement. This can be useful for individuals who are bringing assets into the marriage they want to protect or who have children from a previous marriage.

The property that people bring into a marriage is considered separate property, but this is not as straightforward as they might assume. For example, if a person brings a home into a marriage, this could be considered joint property if marital funds are used to renovate it or pay the mortgage. People should keep in mind that income earned during marriage could be considered part of this marital property. A prenup could state that the appreciation in value of an asset belongs to the original owner regardless of where the funding came from. If either person is expecting an inheritance, a prenup might be used in a similar way.

While getting a divorce and splitting custody of the children can be difficult for Florida parents, this can be even harder if they live a long distance from one another. The quantity of their time with their children may be less, but parents can focus on making sure the time they do have is high-quality. There are also small things they can do to maintain the bond.

For example, long-distance parents can send children weekly postcards with personal messages on them. They can also use platforms like Instagram, text and email to communicate with their children, and they can phone outside of the planned hours. These are all gestures that let children know that their parents are thinking about them all the time. Asking specific questions that refer back to their activities, such as whether they enjoyed a sleepover or how they did on a test, lets children know their parents are paying attention.

Splitting your possessions is a source of contention in many divorces. Like most other states in the country, Florida family courts use an equitable distribution standard when determining how to split up the possessions of people going through divorce. Typically, equitable distribution involves the allocation of assets acquired during the marriage to both spouses based on factors from the marriage, including each individual's financial contributions, the length of the marriage and the overall value of the marital assets.

For many couples in Florida, this process is relatively straightforward. However, LGBT couples can sometimes have unique considerations that can alter the outcome of asset division in a divorce. Specifically, issues related to the state not recognizing the union prior to a Supreme Court ruling could impact what is fair and reasonable in your case.

Many fathers in Florida have wondered at some point if they are the father of their children. Faced with pervasive doubts, many may deny the child all together and refuse to offer support of any kind. This can have devastating effects on not just the woman, but far more importantly, the child. These children may grow up fatherless as a result of the disconnect. If they had a relationship with their fathers prior to this, it may leave them with abandonment issues for some time to come.

The Atlantic points out that for years, people relied on social relationships to determine fatherhood. Fathers often became designated as such in a courtroom because they claimed fatherhood, especially in unmarried households. This ultimately became a problem when the man claimed the opposite. For married couples, a husband was almost always designated as the father of his wife’s children, even if her fidelity was in question.