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

Fort Myers Divorce Law Blog

Are prenups only about money?

When you think of a prenuptial agreement, you probably are like most people and immediately think about a couple in Florida who are well off and have financial interests to protect. While that is typically the main use for such agreements, that is not the only way they are used. In fact, you might be surprised to learn that many prenups contain items that do not pertain to finances at all.

Forbes explains that such clauses in a prenuptial agreement are referred to as lifestyle clauses. They can cover certain situations that are directly related to finances, even though they will generally have some effect on the financial agreement part of the document. These lifestyle clauses dictate specific behaviors during the marriage.

Don't wait: File for divorce before your spouse

Ending a marriage can be difficult, but many factors may push you towards divorce. You and your spouse may have naturally grown apart, or you may have experienced domestic violence, verbal abuse or infidelity.

Regardless of the exact reason, you feel unsafe and unloved in your relationship. If you want to leave your marriage and find a fresh start, you may wish to file for divorce before your spouse due to the potential financial, emotional and legal benefits. 

Paternity and inheritance: why it is important

Unmarried fathers in Florida face more complicated questions of how to pass on inheritances and benefits to their Lee County children than married fathers since they may not know how the law will regard their biological children. The law could deny children of unmarried fathers certain inheritance rights and benefits if the father does not establish paternity or the courts do not recognize the father as the children's legal father before the father passes away.

According to Florida statute 732.108, children that are born out of wedlock and do not have an established father are considered descendants of the mother’s family. For a child to be recognized as part of his or her father’s family, the father must acknowledge paternity in writing, or a court must establish a father’s paternity during the father’s lifetime or after his death, or the parents of the child must have engaged in a ceremony that tried to establish marriage but the ceremony was rendered void for a particular reason. If any of these three conditions are met, the child is recognized as part of the father’s family.

How can I cope with a difficult ex during a divorce?

Going through a divorce in Florida is never easy. It is especially difficult when you have children and have to determine a parenting plan. It can be made harder if you have a spouse who is not willing to compromise or who argues with you at every turn. You should not be expected to just give in to such bullying tactics. You have to stand your ground, but how can you manage a difficult ex and still ensure your divorce does not cause undue harm to your children?

The Huffington Post suggests always meeting with or talking to your spouse when you have a neutral third party around, such as an attorney or mediator. This will help keep things focused and help to stop any potential issues. You also should keep good records of everything that your spouse does and says.

What is bird's nest co-parenting?

There are many different ways to co-parent. The Florida family court will usually work with you to find what works best for you and your situation and allow you to do it how you want as long as it will not harm your children. One option you may not have considered before is called bird's nest co-parenting, which according to Psychology Today, is where you keep the family home and the children live there full time while you and the other parent take turns living there.

It is like a reversal of the traditional set up usually done in these situations. Commonly, you and the other parent would maintain separate residences and the children would go back and forth based on the visitation schedule. In a bird's nest scenario, the children's lives are less interrupted. They get a more stable environment.

How does DNA testing work?

Establishing paternity is important if you want to have parental rights to your child in Florida. Having the court name you as the legal father of a child means you have rights to visitation and the ability to play a role in the child's life and make decisions regarding him or her. The main way that the courts do this is through a DNA test. These tests are rather simple to do and allow the father to be determined with up to 99 percent accuracy. According to Health-Link, the first step in any test is doing a swab to collect the DNA.

This swab is done on the inside of your cheek. Your child also must be swabbed. The mother may be swabbed as well since having all three DNA profiles helps with ensuring the accuracy of the test. All three DNA profiles are needed to make a match. These samples are then sent to the lab.

Have you tried these steps to save your marriage?

It's not uncommon for spouses to visit a divorce attorney before deciding to end their marriages. Many benefit from speaking with a lawyer to learn what divorce will be like, and to better understand their legal rights and options. Sometimes, these individuals successfully repair their marriages. Other times, they use the information they've gathered to more successfully navigate their divorce process.

When it comes to the spouses who fall into the "undecided about divorce" category, it's always a good idea to ask them if they've gone through the following steps to save their marriages. Ultimately, if the following process fails, it might be time to move forward with divorce.

The prevalence of head injuries in victims of domestic violence

When two people are involved in a romantic relationship, tensions can run high at times. Often, people do or say things in a moment of passion that they regret later on. In some circumstances, people may become violent and endanger the life of their partner. What is disconcerting, is that this problem is more widespread in Florida than many people realize. Often, victims are left to cope with their demons in silence as they try to avoid putting their life in danger by confessing the abuse to someone. 

An interesting aspect of domestic violence is the alarming number of head injuries found in victims in surveys that have been completed. In fact, out of all of the patients that were assessed, nearly 81 percent reported that they had been hit on the head at one point or another throughout their abuse. This same 81 percent acknowledged that the abuse was so persistent that their head had been hit more times than they could remember. 

Working through a difficult custody dispute

One of the most difficult parts of divorce for many Florida families often has to do with the impact made on children. Often, couples disagree on the best interest of their children and are both prone to fight for outcomes that are most convenient and beneficial for their own needs. The result is usually disagreements that require court intervention to solve, but in serious cases, high-conflict custody disputes create ongoing contention and emotional turmoil for everyone involved. 

According to LiveAbout, when a couple is struggling to reach an amicable agreement regarding the custody of their children, there are a some things they can do to work through the conflict in the most effective way possible. Some of the things they can do include the following:

  • They should try to remain as optimistic and positive as possible. This includes surrounding themselves and their children with people who are supportive and encouraging. 
  • They should learn the art of compromise and be willing and prepared to modify their requests to keep within the best interests of their children. 
  • They should work together to coordinate a parenting plan that articulates the details of how time with their children will be fairly split. 
  • They should be aware of their own needs and do their best to satisfy those needs so they can be a committed and effective parent. 

How can I suggest a prenuptial agreement?

If you are getting married in Florida, there are probably a lot of things you have to handle. From venues to food, weddings take a lot of planning. However, there is something else you should consider before tying the knot. That is drawing up a prenuptial agreement. This is especially important if you have a lot of assets, own a business or have children from another relationship. The only issue is that asking for a prenup can often cause waves in a relationship.

According to Entrepreneur, prenuptial agreements have a negative connotation even though they are a smart financial move for both parties. This means you should carefully approach asking your significant other to sign one. The best thing you can do is work with your partner to design the document and implement it. It becomes less imposing if you both are involved in its creation, which can make the whole process smoother.

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