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Fort Lauderdale, Florida, Complex Divorce Blog

4 reasons not to keep your home during divorce

People are often conflicted about whether or not to keep the house during a divorce. Some choose to sell, only to feel later like they should have held onto that investment. Selling at a down time in the market can cost you. Others keep the home, only to realize later that they should have started with a clean slate.

This is something of a personal choice, and it will be different for everyone. That said, there are a few valid reasons why you should not keep the house.

If I am married, are all my assets marital property?

Getting married is one of the most exciting times in a person's life. You've finally found the person with whom you want to spend the rest of your life. The sad fact of the matter is that not all marriages will end happily ever after. With more and more divorces occurring each year, it's best to protect yourself and your assets prior to saying your vows. A common question asked is if I am married, are all my assets marital property?

One of the best ways to protect your assets if a divorce were to occur is to have both individual and joint accounts. If you want a joint account for expenses, be sure to open a brand new joint account instead of adding your spouse to an existing individual account. It's a good idea for you and your spouse to also keep open individual accounts in your own names.

What is an evaluative mediator?

Most Florida couples can see the advantages of mediating their divorces. In the best of circumstances, your mediation will be faster, cheaper, less stressful and less complicated than litigating your divorce in a Florida family law court. However, once the decision to mediate your divorce has been made, you'll need to decide what kind of mediation to use.

Here, we will discuss what evaluative mediation is, and what an evaluative mediator can do for you:

4 tips for protecting your assets during divorce

If you are heading for an impending divorce, you have a lot of things on your mind. While going through a divorce is emotionally difficult, it is crucial to not forget about the big picture. You must take steps to protect yourself and your future. 

Safeguarding your assets is an important pursuit as divorce becomes inevitable. Here is a guide for getting your finances in order to protect your money while divorcing.

How to handle the emotions of divorce

The most devastating words your spouse can say in a marriage are, "I want a divorce." The words are so final. It means that the marriage is over and there's no turning back. Maybe you are resigned to the fact that the marriage has to come to an end. Maybe you would rather fight for the marriage as much as possible. Whatever your situation, divorce can be difficult to think about and discuss. Here's how you can handle the emotions associated with divorce.

One of the first things you should do to take control of your emotions during divorce is set restrictions. Find out what it is that upsets you the most regarding the divorce and prevent yourself from getting that far into the problem. If this includes speaking to your former spouse about anything, have someone else communicate for you or do so via email instead of phone or in-person.

New law could require marriage guide prior to nuptials

A potential new law in Florida would require couples wishing to marry read a guide prior to saying their nuptials. Many people ask advice from friends and family members before they get married. Well, this new marital guide could be a requirement in Florida if you wish to obtain a marriage license. Lawmakers in the Sunshine State believe that if this becomes a requirement, it could help to reduce the rate of divorce.

The legislation, HB 1323, was introduced recently by a Republican lawmaker from Jacksonville. The bill, if it were to become law, would require couples to read a guide that would cover some common marital topics. Those topics include domestic violence, communication, parenting responsibilities and more.

What cannot be included in your prenuptial agreement?

If you are preparing to get married in Fort Lauderdale you should take a long look at signing a prenuptial agreement. The agreement must be signed by both parties entering into the marriage. As you prepare for the marriage you should sit down and speak with your future spouse about this important document. So, what cannot be included in your prenuptial agreement?

Trying to add a provision to the prenuptial agreement for something that is illegal? Don't take any steps other than thinking about this because it will not be allowed. Should you still add in a provision for an illegal activity it can void the prenuptial agreement altogether and you will have to start from square one.

Custody battles could forever change with co-parenting bills

Lawmakers in more than 20 states across the country will consider bills this year that would either make it legally required to share parenting after divorce or encourage this parenting option. These bills, if passed into law, would require parents to co-parent even if they disagreed with the situation.

The legislature in Florida passed a bill in 2016 that would require equal time when creating parenting plans for child custody. This bill was eventually vetoed by the governor. Florida, like many other states, have moved towards creating these bills due to fathers feeling left out of parenting plans for decades.

New family laws in effect in Florida

A couple of new family laws went into effect on January 1 in the state of Florida. The laws cover both shared parenting time and divorce in the state, according to a news report. These laws went into effect when the clock hit 12:01 a.m., on January 1. We will take a look at these new laws in today's post so you are informed should you ever face a situation like divorce or shared parenting in Fort Lauderdale.

One of the new laws that immediately took effect on January 1 in Florida centers around getting divorced and the time sharing plans that parents must create when children are involved. The legislature in the state has worked to revamp the laws that cover time sharing agreements for couples who are separated or divorced over the past couple of years.

Can mediation work in high-asset divorces?

Many people believe that high-asset couples who divorce will inevitably "battle it out" in court. However, this is not necessarily the case. Although the financial stakes are clearly higher in a divorce where there are significant assets, this fact does not absolutely determine whether a couple will contend with a litigious divorce.

Couples in high-asset situations can explore the positive benefits of mediation and collaborative divorce. These options can help decrease strife and conflict while allowing both spouses to retain more control over the decision-making about their future than they would otherwise have in a protracted, drawn-out court battle.

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