Rubinstein & Holz | Family Law Attorneys

Fort Myers Family Law Blog

Choosing the right divorce attorney matters

Choosing a divorce attorney can feel like an overwhelming prospect. You know you need someone who will give you the objective advice you need, the compassion you deserve and the representation necessary to protect your interests -- but, how do you know you've found that person?

Here are some signs that you're on the right track:

Three steps can help you get started preparing for divorce

Deciding to end your marriage can be difficult for everyone in the family. After breaking the news, emotions are likely to be running high throughout your household. While it is important to take time to address your emotional state and the emotional well-being of your children, it can also be advantageous to start getting organized.

Generally, the sooner you can begin preparing for divorce, the better. Those who get organized early tend to have the relevant facts at their fingertips throughout the divorce process, which can help them reach better divorce outcomes.

What should you do when you cannot pay child support?

What happens when you reach a point when you are no longer able to meet the requirements of your child support agreement? Things continue to change long after a divorce is final, and you may find that these changes affected your financial capabilities. If you cannot pay, you have options available to you, including the possibility of modifying your existing child support order.

When you find yourself in a position where you are unable to pay some or all of your child support amount, you will want to take certain steps to ensure that you communicate with the other parent and reduce your chances of additional complications. It's smart to speak up about your need to modify your support amount rather than simply stop paying and hope for the best.

Why isn't 'permanent' alimony necessarily permanent?

The issue of "permanent" alimony has been a contentious one in Florida for several years now -- and the legal wrangling isn't likely to abate any time soon.

Many divorcing couples don't fully understand how alimony works. That can put a dependent spouse in a precarious position. It's particularly difficult when the dependent spouse is older, has no real job skills or is disabled. Even "permanent" alimony can suddenly dry up.

How should you ask your partner for a prenuptial agreement?

If you're thinking about asking your partner to sign a prenuptial agreement before your wedding day, you may have some fears about their reaction.

The way you ask for a prenuptial agreement is every bit as important as what you include in it. If you take the right approach, there's a greater chance of hashing out the details in a timely and efficient manner.

How do alimony payments get set in Florida?

It's difficult to put a price on a human life in the process of calculating financial damages in a wrongful death lawsuit. Likewise, it is hard to quantify the value of years spent in a marriage that is ending. This is why alimony is not designed as compensation but as support while newly single people get their lives together.

How long does alimony last?

What has changed for divorce recently?

Divorce isn't easy, even when most of the negative emotions associated with it have already been faced. Children may need to understand what is happening. Documents must be filed with the right authorities. Much of the attention that gets paid to divorce has to do with how assets and responsibilities are divided between two newly single people.

What makes divorces difficult?

Mediation can make it easier to write a prenuptial agreement

Prenuptial agreements are generally a good idea. They clear up uncertainty that could turn a problem with the relationship into a chaotic battle fraught with emotional and actual losses. But many people associate "prenups" with mistrust. Why would someone in love ever think that divorce would be a possibility?

In a certain way, prenups may make divorce less likely. Separation often happens when two people in a marriage stop communicating as their conditions change through the passage of time or chance. The discussion about how to manage a prenuptial agreement and what to include can be a good exercise in how to communicate, strengthening the marriage as it begins.

How to halt a hidden asset problem in a Florida divorce

Only you and your spouse really know for sure what caused the irreparable problems in your marriage. Whether you were the one who filed for divorce or the one who did nothing to contest your spouse's petition, there will no doubt be numerous issues you must resolve before you can leave the past behind and get on with your life. If you're a parent, such issues will, of course, include child-related matters, such as custody, visitation or support.

You may also be concerned about things like finances or what you will do with your home or car when the time comes for property division proceedings. If your spouse is acting suspicious and you have reason to believe he or she may be hiding assets to keep you from getting a fair shake in court, you'll want to thoroughly investigate the situation. It's also good to have a plan of action in mind to help bring a hidden asset problem to a screeching halt.

Avoiding co-parenting stress during summer break in Florida

When you obtained your divorce decree, you may not have thought ahead far enough to consider the implications your new lifestyle might have on your family life during summer. As a parent, you undoubtedly want what is best for your kids. You understood from the get-go that your decision to sever your marital ties would greatly affect your children's lives; however, you were hopeful that they'd be able to cope just fine as long as you were there to show your love and support.

Many Florida parents neglect to incorporate specific terms in their co-parenting agreements to cover the months their children are home from school on summer break. This can lead to numerous co-parenting problems and, in worse cases, prompt a need for the court's intervention. Whether or not you have summer time co-parenting terms in your agreement, keeping several things in mind may help you avoid summer time co-parenting stress.

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Rubinstein & Holz | Family Law Attorneys

Rubinstein & Holz
1375 Jackson Street
Suite 304
Fort Myers, Florida 33901

Phone: 239-790-4314
Fax: 239-332-5078
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