Your marriage is in question and you are contemplating divorce. Before you go down the path, here are a few things to consider:
Q. I'm overwhelmed, where do I even start?
A. The divorce process can be foreign and overwhelming to
many individuals; you are not alone. A good place to start is by
consulting a divorce attorney. A lot of people think that this
means that you are filing for divorce or that you have to file for
divorce. This is not true. A consultation with an attorney can
provide you with a better understanding of the divorce process, it
gives you an opportunity to discuss any questions or concerns you
may have regarding your specific situation (whether it be financial
concerns or parenting concerns) and it helps gauge your
expectations. Many individuals leave consultations with a better
understanding of the divorce process and what steps they need to
take in the future should they choose to proceed with a
divorce.
Q. Can I do anything to prepare for a divorce?
A. You can begin compiling a list of assets and
liabilities, gathering all financial documents (for example; tax
returns, pay stubs, bank/investment account statements, deeds to
real property, mortgage statements, etc.) and educating yourself on
your family's finances. It helps to have an understanding of
your assets and liabilities prior to beginning the divorce process,
especially if you are not the spouse who controls and manages your
family's finances. Part of the divorce process involves
equitable distribution, which is the division of all marital assets
and liabilities. Having a sense of what your assets and liabilities
are prior to starting the process allows you to better understand
how they may be distributed.
Q. Are there ways to resolve issues in a divorce without
going to court and having a judge decide?
A. In Florida, you can attend mediation, which is an
informal, nonadversarial process where a neutral, impartial third
party helps to facilitate the resolution of issues and helps the
parties reach a mutually acceptable agreement. In many counties,
mediation is required prior to proceeding to court on contested
issues. Mediation can be a very successful process and in many
cases, parties are able to resolve all issues related to their
divorce (financial and parenting) through this process and never
appear in front of a judge.
Q. I have minor children, how is child support
determined?
A. In Florida, child support is calculated based on a
statutory formula, which takes into consideration both parties'
incomes as well as other factors, some of which include health
insurance, daycare, and time-sharing. A Child Support Guidelines
Worksheet is completed and filed in cases involving minor
children.
Q. I am concerned about co-parenting and what is best
for my children. Can my spouse and I decide how we share time with
our children?
A. As part of the divorce process, you and your spouse
can enter into an agreement regarding parenting. This is called a
Parenting Plan and it often includes a detailed time-sharing
schedule outlining which days and holidays your children will spend
with you and with your spouse. The Parenting Plan factors how major
decisions regarding your children are made (education, health
etc.), and can be tailored to the specific needs of your children
and your family. In many cases, parties are able to finalize a
Parenting Plan through an agreement or through mediation rather
than having a judge decide.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
