Fried and Fried, P.AFort Myers Family Law Attorney | Lee County Divorce Lawyer | Timesharing2024-03-11T14:54:05Zhttps://www.friedandfried.com/feed/atom/WordPressOn Behalf of Fried and Fried, P.A.https://www.friedandfried.com/?p=505222024-03-11T14:54:05Z2024-03-11T14:54:05Z
The true value of each piece of property, which will require you to have appraisals completed that are fair and accurate.
Your ability to keep up with mortgage payments, maintenance, and repairs on the property if you intend to seek sole ownership of them.
Whether there are other marital assets that you want, thereby allowing you to use your ownership stake in real estate as leverage to acquire those desired assets.
The tax implications of selling a property and dividing the proceeds with your soon-to-be former spouse.
Any business opportunities that might exist from vacation properties that you own.
How keeping certain properties will impact your children, especially if you’re going to be the custodial parent and want to provide your children with stability.
Of course, there may be other considerations that are important to you. Just make sure you’ve fully analyzed your situation so that you can make the property division decisions that are right for you.
Competently navigate property division in your Florida divorce
If you improperly handle the property division process in your divorce, then you can lose out on a lot of financial resources that you deserve. That’s why now is the time to start building your legal strategy so that you can plan for the next chapter of your life.]]>On Behalf of Fried and Fried, P.A.https://www.friedandfried.com/?p=505212024-02-27T19:39:09Z2024-02-27T19:39:09Zgray divorce.
Avoid these mistakes in a gray divorce
There are a lot of missteps that can be made in a gray divorce. You’ll want to avoid all of them if you can, but what should you be on the lookout for? Here are some common mistakes you’ll want to avoid at all costs:
Misunderstanding how retirement assets are divided, which could lead to significant penalties or deny you access to the funds that you need and deserve.
Overlooking the importance of alimony, especially if you’re limited in your ability to get back in the workforce to rebuild your financial positioning.
Failing to consider the tax implications of certain property division strategies.
Allowing your emotions to get the better of you during property division negotiations.
Neglecting to create a post-divorce budget, which can give you guidance as you negotiate and advocate for what you need.
There are other mistakes that can be made along the way, which is why it’s a good idea to discuss with your attorney the best way to approach your high-asset gray divorce.
Don’t lose out in your gray divorce
We know the divorce process can be incredibly stressful. However, it’s important that you take the time needed to craft a compelling legal strategy. By doing so, you’ll better protect your future, in turn giving yourself a good chance to secure a fair and financially stable post-divorce life.]]>On Behalf of Fried and Fried, P.A.https://www.friedandfried.com/?p=505202024-02-26T22:20:23Z2024-02-26T22:20:23Z co-parenting is an excellent option for children. The divorce does not affect them as much; it is less of a shock to their system, and they feel loved and supported by their parents.
However, co-parenting does not come without its challenges. While it depends on the couple, because some couples are more laid-back and others are more structured, be prepared for potential disagreements and challenges, as well as know how you will approach them.
Putting the kids first
Anytime there is conflict, remind yourselves that you chose this arrangement because of the kids. Remembering this takes your mind off whatever the conflict is and tries to find a solution that is best for your child.
Communicate clearly and often
Parents who are excellent communicators do much better in co-parenting and have fewer disagreements because many of these occur because of a lack of communication or misunderstandings.
For this reason, communicating often and clearly is really important. Practice communicating well if you need help and remember that these are the most important things to consider when improving your communication skills:
Identify what you want to communicate
Think of a way to say it in a way that is not aggressive
Use “I” statements and be vulnerable
Listen to the other person when they respond
Be conscious of your tone of voice and body language
Following these steps will make you a better communicator and help you solve problems in an efficient, non-adversarial way.
Create a co-parenting plan
Many couples, including the ones who get along the best, find that having a co-parenting agreement or plan or schedule helps everyone.
It is easy to forget schedules, what one parent said to the other, your kids’ school events, and what you agreed to do over the holidays. For this reason, sitting down and writing it on paper can be extremely helpful in creating an environment of collaboration and fostering a successful co-parenting experience.]]>On Behalf of Fried and Fried, P.A.https://www.friedandfried.com/?p=505192024-02-19T16:48:04Z2024-02-19T16:48:04Zequitable distribution state like Florida, these valuable assets are distributed “fairly and equitably” between divorcing spouses. Before the court can decide how to divide up the artwork in a divorce, it must first determine the value of each piece of art.
Determining the monetary value of art
The first step of the property division process during a divorce is often determining the value of each asset by scheduling an appraisal. The value of a piece is often decided based on the current market value of the piece.
If you and your spouse agree on the appraiser, you will only need one appraisal. However, if you do not agree, you may each need to schedule separate appraisals with different appraisers. You may then submit both appraisals to the court.
If there is a dispute, the court may order the parties to sell the artwork to determine the value of the piece.
If the parties are would rather keep the piece, they can determine the value of the piece on their own by choosing to average the two appraisers’ values to come up with a final value. The parties may also choose to go with one of the two appraisals or seek a third appraisal.
Once the value of the piece has been determined, the court will consider the wishes of the parties and several other factors before deciding who will get the piece. If the piece is sold, the court may divide the proceeds between the spouses.]]>On Behalf of Fried and Fried, P.A.https://www.friedandfried.com/?p=505182024-02-05T11:30:45Z2024-02-05T11:30:45Zchild support order is in place, some parents can continually meet these terms. However, no matter a parent’s circumstance, a substantial change in circumstances could present problems when it comes to being able to pay child support.
Failure to pay
Becoming delinquent with child support is a serious situation. There are serious consequences in Florida for the failure to pay child support. And if a parent is able to pay but purposefully choses to not pay child support, they could be found in contempt of court.
The penalties associated with the failure to pay child support can be severe because it is treated like a serious offense. In addition to fines, a delinquent parent could face jail time, the suspension of a diver’s license, seizure of bank accounts, interception of tax refund, income withholding and liens on property. It is important to keep in mind that this is likely to negatively impact the individual’s credit score.
Child support enforcement
You can feel rather helpless when the other parent is not paying child support; however, you can take enforcement actions. The first step is to contact your local child support office. By working with the Department of Revenue, this could help get the other parent to pay the child support owed.
If this process is not successful, a case can be filed to be heard before a hearing officer. While they are not a judge, they can render recommendations to the judge as to how they should rule on the child support matter. Additionally, the Department of Revenue will file a Motion for Contempt. In this case, the hearing officer will determine whether a parent willfully failed to pay child support.
Child support matters can get complex; however, if a parent finds it difficult to pay or recently experienced a significant life change, then it might be appropriate to seek modification. If you can illustrate the need to modify, a parent could avoid the harsh penalties associated with the failure to pay.
]]>On Behalf of Fried and Fried, P.A.https://www.friedandfried.com/?p=505172024-01-23T16:27:49Z2024-01-22T16:26:22ZWhy legal custody matters
Having legal custody of your child is extremely important. Without legal custody, you do not have a say in decisions that affect your child’s health and well-being.
In some cases, a parent wants to have more than just a say in these decisions. They want to make all the decisions without input from their co-parent. The only way this can happen is if they are granted sole legal custody.
A parent granted sole legal custody has the power to make major decisions for the child without the agreement of their co-parent. They do not even have to consult with their co-parent about the decision.
This might sound like exactly what you want. However, courts typically award joint legal custody.
Joint legal custody means that both parents have an equal say in making major decisions. If the parents cannot agree, the matter must be brought before a court and a judge makes the decision.
Courts make custody decisions based on what is in the best interests of the child. Joint legal custody, giving both parents the equal ability to make major decisions, is generally assumed to be best for a child.
When sole legal custody might be awarded
Sole legal custody is awarded in rare situations, often when one parent is unavailable or incapable of making decisions for the child. Incarceration, incompetence or evidence of abuse are factors that could result in one parent being given sole legal custody.]]>On Behalf of Fried and Fried, P.A.https://www.friedandfried.com/?p=505152024-01-09T10:44:49Z2024-01-09T10:44:49Zthe facts about premarital agreements, when they are valid, why they might be nullified and how to address concerns is imperative in a family law case.
What should I know about premarital agreements?
Just like any contract, the premarital agreement will state what happens if the marriage does not work out and the couple gets divorced. It can cover property division, spousal support, insurance policies, retirement accounts and estate plans. There are basics that must be understood from the start such as both sides signing and agreeing to it.
Regarding the content of the premarital agreement, it will specify what each person will keep or receive as part of the divorce. For example, if there is a marital home, vacation property, automobiles, sentimental items and collectibles, the premarital agreement can stipulate who will receive what. The person who entered the marriage with fewer assets might get a certain amount, but the property will not be assessed and divided by the court as part of the proceeding.
Spousal support can be a sticking point in the agreement and the person who is set to receive little or no support could question the fairness of such an agreement after the fact. Child support cannot be part of a premarital agreement, so if the couple has children, the agreement is not an issue in providing for the child.
There are situations in which the agreement’s validity could be questioned when there is an attempt to enforce it. There are several key factors that the court will consider if there are allegations that the agreement should not be enforced.
It must have been signed willingly. An involuntary agreement will not be considered valid. In some instances, a person forces the other party to sign the agreement. Perhaps they did not inform them of their financial and business situation; they might have coerced them by saying that there would be no wedding without signing it; or they might have committed fraud.
The court will also consider whether the agreement is fair. If it is not, it is called “unconscionable.” If the person signing it will be left destitute after the marriage is over, that could be considered unfair and the court can decide that the agreement should not be upheld. The person seeking to uphold the agreement could defend it by saying that the other party waived their right to have all property disclosed.
Analyzing a premarital agreement is imperative in a divorce
There are extensive consequences with a premarital agreement that people need to be aware of when they get divorced. These happen with people who have a lot to lose in a divorce and they need to be protected. To protect the agreement and make sure it is upheld or to call it into question, it is wise to understand the options and take the necessary steps to try and reach a positive result through negotiation or by going to court.
]]>On Behalf of Fried and Fried, P.A.https://www.friedandfried.com/?p=505162024-01-11T16:45:09Z2024-01-08T16:43:04ZEquitable distribution basics
Equitable distribution is a legal term that applies in the issue of property and debt division in a divorce. In essence, the term means that property and debt will be split up between the divorcing couple in way that is fair – and that doesn’t necessarily mean that the split will be 50/50.
So, what is fair? That word is, of course, subjective. It can mean different things to different people. But, family law courts in Florida can use a few factors to help in determining what is fair, such as: each spouse’s source of income; any pre-marriage property owned exclusively by one spouse or the other; the value of assets in the marriage; how each spouse will be situated financially after the divorce; and the economic contribution of each spouse to the marital assets. Of course, depending on the situation, there may be other factors as well.
Make no mistake: if you are in a dispute about equitable distribution and what is fair, you will need to make a persuasive argument to try to get what you think is right. Be sure to get the right information about all of your options and how to craft the best argument possible.]]>On Behalf of Fried and Fried, P.A.https://www.friedandfried.com/?p=505142023-12-27T20:58:39Z2023-12-22T20:51:18Zbest interests of the child.” What those interests are and how they are protected are the primary concerns for judges, and it can be difficult to determine how these goals are achieved.
Determining best interests
To start, the court will usually weigh some common factors that apply to any given case, such as: what the parents think is best; what the child thinks is best – if the child is old enough to give an opinion; the history of the relationships between the child and each parent; the relationships with siblings, if any; the educational and community needs of the child; and any physical or mental health issues that impact any of the individuals involved in the legal case.
Of course, each case is unique, so there may be different factors for family law judges to weigh, depending on the case. And, the degree to which the parents can actually agree on some factors may go a long way toward helping family law judges arrive at a decision that is beneficial for all involved. But, at all times, the focus will be on what is best for the child.
Child custody disputes can be notoriously emotional for the parties involved. However, to have the best chance of achieving the goal you are seeking, it helps to focus on the legal aspects of the case and keep emotions in check.]]>On Behalf of Fried and Fried, P.A.https://www.friedandfried.com/?p=505132023-12-14T15:45:54Z2023-12-08T15:45:01Zestablishing child support. While some negativity surrounds a child support order, these funds are necessary to ensure the child’s needs are met.
Establishing child support
Whether you and the other parent are able to come to terms on an agreed amount or not, there are guidelines used in Florida to calculate child support in the given situation. At Fried and Fried, P.A., our skilled attorneys understand the complexities child support can bring to an already challenging time. This is why our law firm is focused on identifying the needs of the children and all factors that impact child support calculations.
Both parents have the legal responsibility to support their children financially. Because they are no longer a married unit, the amount paid by each parent needs to be established. If one parent makes more than the other, this is where a child support order can address this difference.
Calculating support
Once the need for child support is established, the amount needs to be set. It should be understood that this amount could change in the future; however, the terms of the order will be based on the current situation.
The guidelines in the state of Florida takes three main factors into consideration when establishing child support. The first is the standard needs of the child. The next is the costs associated with child care and health care. Finally, the income of each parent is assessed. Because other factors could illustrate a need for a deviation from the guidelines, it is important that parents seeking child support include complete and accurate financial information.
Navigating family law matters, such as child support, can feel overwhelming and confusing. Thus, it is important to consider your legal options and rights, helping you make well informed decisions.]]>