Fried and Fried, P.A.
toll free 888-831-2597
local 239-243-9287

Fort Myers Divorce Law Blog

Divorce and allegations of domestic violence

Most married couples realize that divorce can be difficult for a plethora of reasons. Sometimes, emotions run high over the way that marital property is split between a couple, while others may be worried or upset about custody decisions, visitation rights, child support, and many other issues. However, we know that victims of domestic violence and those who have been accused of this offense may have an even harder time as they end their marriage.

If you are a domestic violence victim, you could be afraid or unsure of your rights. However, it is essential to ensure that the abuse is brought to an end and that you and your children are protected. Moreover, certain options may not be possible as a result of intimate partner violence, such as the collaborative process. On the other hand, you may have been accused of abusing someone in your family. Even if these accusations are not true, they could be very detrimental and you should carefully assess your divorce.

Child support and retirement

There are many different angles that our law firm considers with regard to child support, such as the impact that losing a job can have on custodial and non-custodial parents or the penalties for failing to pay child support. However, there are unique considerations that can also play a major role in child support orders, such as retirement. If you plan on retiring in the near future, or your child's other parent has recently retired, you may want to think about the potential impact this could have on your child support order. We know that some people struggle with child support issues and just how important it is to work through them carefully.

If you plan on retiring in the weeks or months to come and are obligated to pay child support, you might want to think about your financial well-being and how retirement could affect your child support payments. Depending on your situation, you could be able to have your order modified, resulting in lower payments that are more compatible with changes to your income. Regardless, it is essential to make sure that you do not fall behind on the payments you owe, since this can have serious consequences (time behind bars, passport problems, garnishment of your wages, tax refund interception, and more).

Co-parenting requires the adults to work together

If you and your ex have young children, you have a long road ahead since you have to raise your children and deal with your ex. A co-parenting model is one of the possible ways that you can choose to raise your children, but this requires you to have an open line of communication with your ex.

There are many challenges that come with co-parenting. One of these is that you and your ex have to agree on various points of parenting, including making rules and having a consistent method of parenting. When issues come up, it is all too easy to become focused on the negatives but this can be counterproductive. Here are some tips to think about when matters get contentious.

Family law and social media challenges

In the digital age, there are a number of new problems that some married couples have to deal with as they work through the process of divorce or even after their divorce has been finalized. With social media, various difficulties may arise, whether a spouse shares potentially damaging information on a social networking site or even carries out an affair as a result of an online profile. Moreover, our firm knows that you should also be careful about sharing certain types of information online, especially if you are dealing with family law matters.

If your spouse has shared inappropriate information on a social media site, you may feel that it is necessary to bring this up in court, depending on the details of what you are working through and the nature of the information they shared. Moreover, you should carefully approach any damaging information they have shared about you, such as false allegations of wrongdoing. On the other hand, social media may have been the reason you decided to end your marriage. For example, your spouse may have had an affair with someone they met online or their online behavior may have led you to the conclusion that divorce is necessary.

Avoiding divorce-related financial mistakes

When people work through the divorce process, there are a wide variety of mistakes that might be made along the way. However, those which are financial in nature can have a significant impact on those who have recently ended their marriage or are planning a high asset divorce. Our law firm understands the different pressures that couples working through a divorce may be facing, but if you are in this position it is important to pinpoint some of the different financial errors that should be avoided.

Since it is always helpful to look ahead, some people run into trouble by failing to set up a financial plan for their life after divorce. The transition can present an array of challenges and life may be very different afterward, so it is crucial to be ready for any obstacles that could arise. You should also look into the tax consequences of divorce and take steps to minimize your tax obligations. During a divorce, the division of marital property can be especially contentious, so it is important to have an idea of how your assets will be split up and prepare yourself accordingly. Furthermore, you may need to make changes to your estate plan and you may have to plan for either paying or receiving child support.

Managing a serious illness during divorce

All sorts of hurdles can make your life even more tricky during divorce, whether you are having a hard time explaining the changes to your children or are worried about how your life will change as a result of parental relocation. However, you could be facing health issues, such as a serious illness, that can make the end of marriage even more challenging. We know how upsetting this can be and believe that people who are going through this should do whatever they can to prevent their illness from having an unfair impact on the outcome of their case, whether someone is involved in a custody dispute or any other family law matter.

However, it is important for you to stay focused, even if you are suffering from a terrible illness. From a cancer diagnosis to the seasonal flu, various illnesses can make people tired, depressed, or unable to focus on family law matters, all of which can lead to problems. If necessary, you may decide to postpone action until you have recovered or at least until your health has improved. Regardless of the route you take, it is critical to make decisions that are best for you and your children, if you have kids.

Talking to your relatives about divorce

We know that deciding to end your marriage can be challenging for an array of reasons. On the one hand, you may struggle to adjust to the new direction your life is taking, or you may be unsure of how splitting up with your spouse will affect you or your children. From financial issues to emotional pain, splitting up with a marital partner can be incredibly tough. Moreover, you may be unsure of how your family will take the news that your marriage is coming to an end or struggle with explaining other family law issues to your relatives, such as child support.

Sometimes, questions about divorce simply cannot be avoided. For example, if someone attends a family celebration, such as Thanksgiving dinner, and their spouse is not present, all sorts of questions may arise. If you are worried about these struggles, you should not let them prevent you from moving forward with a divorce if ending your marriage is best. It can be hard to talk to relatives about personal issues such as divorce or custody, but many people have been able to enjoy a brighter future by making hard decisions that are sometimes necessary.

When divorce gets complicated

If you've decided to get a divorce, and you've talked to friends and family about it, you're probably receiving unsolicited advice from a lot of different people. However, even if your friends providing you with advice have been through a divorce before, it's important to note that no two divorces are the same. Some divorces are much more complicated than others -- especially when they involve high-value assets, spouses with unequal incomes and children.

This article will take a look at some of the more complicated aspects that could come into play in a Florida divorce.

Reviewing some advantages of joint custody

Working through child custody issues can definitely be difficult, especially if both of a child's parents cannot reach an agreement. However, certain arrangements may offer each parent the protections that they are looking for. For example, joint custody could be viewed as a positive outcome for each parent, in some cases. At Fried and Fried, we fully understand how complicated and overwhelming custody issues can be, especially when parents find themselves in a dispute. If you are in this position and are unsure if joint custody is right for you, it could be beneficial to look into some of the benefits of joint custody.

With joint custody, some parents could find that they are able to have an easier time cooperating and mutually pitching in to raise a child. Furthermore, a child could feel as if they are more secure and they could appreciate being able to have each of their parents raise them. Having said that, it is also important to point out that joint custody is not appropriate for everyone and may have some drawbacks. For example, some parents may find that the other parent tries to push responsibilities onto them with a joint custody arrangement. Moreover, children could struggle with constantly moving from one parent's home to their other parent's home.

Do prenups indicate a lack of trust?

Couples may encounter many different stressors when it comes to marriage and divorce, from wedding planning to raising children. For some, prenuptial agreements raise a number of questions. Whether you are thinking about talking to your fiance about a prenuptial agreement, or your future marital partner has asked you to sign a prenup, you may be wondering whether or not this is the right path forward. At Fried & Fried, we know that some couples who are engaged in Florida worry that prenuptial agreements indicate there is a lack of trust in the relationship, while others may have additional concerns.

Sometimes, people view prenups as a sign that trust is lacking. However, when one person asks a prospective marital partner to sign this agreement, it does not necessarily reflect a lack of trust. Prenups can protect both parties and may also eliminate uncertainty. Moreover, prenups can be used to outline a couple's financial path forward. Often, premarital agreements are seen as a contract that is only necessary for those who have a considerable amount of wealth. However, even those with a relatively modest financial background could benefit from a prenup.

Office Location:

Fried and fried, P.A. 2524 East First Street Fort Myers, FL 33901

Ph: 239-243-9287 Toll Free: 888-831-2597 Fax: 239-337-4693 Map & Directions