Fort Myers Divorce Law Blog

Prenuptial agreements growing trend among millennials

On behalf of Sheldon E. Finman, P.A. posted in prenuptial agreements on Wednesday, July 10, 2019.

When a marriage ends, one of the most difficult tasks is deciding how to divide marital assets. In the past, the majority of couples would choose to pool their assets once they married in order to meet their shared goals as a couple. However, younger couples are electing to keep assets separate in the hope of avoiding the difficulty of dividing them. In reality, one of the best ways for Florida residents about to marry to protect their assets is to enter into prenuptial agreements.

According to recent financial surveys, spouses are seeking to avoid the animosity of property division negotiations by choosing to deposit their individual assets into separate accounts in addition to a joint household account when marrying. Unfortunately, this does not guarantee that assets will be considered separate should the marriage end. Likewise, keeping property in just one name also will not prevent such property from being declared marital property in a divorce.

Are you and your spouse good cooperative divorce candidates?

On behalf of Sheldon E. Finman, P.A. on Wednesday, July 10, 2019.

You and your spouse worked as a team throughout your marriage and in raising your children.

Now that your marriage is coming to an end, can you still use the principles of teamwork in a cooperative divorce?

Collaborative law divorce can provide 2 most basic needs

On behalf of Sheldon E. Finman, P.A. posted in collaborative law on Wednesday, July 3, 2019.

When spouses realize that their relationship has run its course, there are two basic needs for each party to have during a divorce. These are: someone to advocate for their needs and extensive documentation. Florida residents who are preparing for a divorce might meet both of these needs through a collaborative law approach if their situation lends itself to such a process.

One of the first thoughts when planning to divorce is whether to engage the services of an attorney. This is valid, as everyone needs an advocate when going through this legal process. However, one does not necessarily need to prepare for a bitter court trial if the spouses are still capable of communicating. A collaborative law approach entails each spouse obtaining the services of a separate attorney who will engage in negotiations to arrive at the most agreeable settlement solutions.

Love may be blind, but prenuptial agreements offer protection

On behalf of Sheldon E. Finman, P.A. posted in prenuptial agreements on Thursday, June 27, 2019.

Sometimes, people find themselves in a relationship with someone who is caught in financial or legal difficulties. As tempting as it may be to dismiss these serious problems, they could have a negative financial impact. Florida residents who want to protect themselves from a negative fallout in the event of a divorce may benefit from prenuptial agreements.

The decision to marry is not one that is usually made in haste. However, there are times when it pays to be even more cautious before entering into a marital relationship. If one of the intended spouses is facing serious problems, it is worth the time to discuss the issues and seek professional advice before exchanging marriage vows. It is recommended that partners share such financial information in credit reports in order to gauge the financial decision-making of an intended spouse.

Collaborative law divorce is one option that may fit many couples

On behalf of Sheldon E. Finman, P.A. posted in collaborative law on Thursday, June 20, 2019.

When a marriage is no longer sustainable, the next logical step is to file for a divorce. Depending on the particular circumstances, there is a divorce path that will best meet one's needs. Florida residents have several options, including a collaborative law approach.

There are approximately nine categories when filing for a divorce. For couples who were married for a relatively short amount of time, have no children, and own few assets or debts, there is a summary divorce. This expedited divorce is filed jointly and should be resolved fairly quickly. Couples who agree to a divorce and have no sticking points to disagree over may file for an uncontested divorce. Another possibility in situations where one spouse has either abandoned the marriage or refuses to respond to a divorce petition is a default divorce.

Terms of prenuptial agreements can be disputed in some divorces

On behalf of Sheldon E. Finman, P.A. posted in prenuptial agreements on Thursday, June 13, 2019.

Celebrities may try to protect both their privacy and their financial well-being through marital contracts and other means, though these may both be under attack in the event of a divorce trial. Prenuptial agreements are intended to establish property division if a relationship ends, and to that end, each party is urged to obtain separate legal counsel to ensure they are protected. Florida residents who enter a prenuptial contract are encouraged to ensure that all terms are carefully spelled out and agreed to by both partners.

Actor Robert DeNiro and his wife, Grace Hightower, are battling through their second divorce. When they decided to give marriage another try, they signed a prenuptial agreement in 2004. It detailed how Hightower would be compensated in a divorce. In spite of this agreement, she and her attorneys are now disputing the fairness of the terms.

Breaking the divorce news to the kids

On behalf of Sheldon E. Finman, P.A. on Monday, June 10, 2019.

There is no easy way to deliver news of divorce to a spouse, children and loved ones. As unpleasant as the news may seem, it is important to determine a feasible way to communicate the separation with everyone who may directly feel its impact. Parents willing to work together can achieve a cooperative/amicable divorce.

Spouses are not always receptive to hearing from their partners that the relationship is over. Children do not always understand what divorce in the Fort Myers area means. To help eliminate potential issues that can lead to conflict and confusion, here are a few key pointers to keep in mind when bringing up the topic of divorce.

Gray divorce and property division require skillful negotiation

On behalf of Sheldon E. Finman, P.A. posted in property division on Friday, June 7, 2019.

The divorce rate among younger couples has decreased over recent years. The same is not true for the older generations, as the so-called "gray" divorce rates have climbed significantly since 1990. Though there are many reasons why these older spouses are calling it quits, what is common to most is the importance of property division for older individuals. Florida residents who are divorcing at a later age may benefit from consulting with financial professionals.

At this stage in life, many unhappily married spouses are choosing to seek more enjoyment by divorcing rather than remaining with a partner who no longer provides the companionship they desire. However, due to age and possibly limited options for financing retirement goals, the need for negotiating a suitable settlement becomes the focus. If either spouse has retirement savings or plans that were financed during the marriage, they will likely be split as evenly as possible. Other assets, such as stocks or other holdings may require more skill to determine how they can be divided.

Negotiating alimony in Florid divorce proceedings

On behalf of Sheldon E. Finman, P.A. posted in alimony on Thursday, May 30, 2019.

For those who are headed for a divorce, the stress surrounding the process sometimes makes it difficult to address difficult topics. One of the more contentious subjects is the matter of alimony, or spousal support payments. Florida residents who are preparing for a divorce may be unsure how to approach the topic without making matters worse.

One of the first things to take into consideration is whether the need for spousal support exists and whether the other party can reasonably afford the payments. In Florida, there are several classifications regarding these monies, and they are based on different factors that may pertain to a given situation. In many situations, these payments are meant to be temporary while a lesser-earning spouse is able to improve his or her financial well-being. Only in rare cases will these payments be ordered to continue indefinitely.

Want a fair property division? Consult an attorney early

On behalf of Sheldon E. Finman, P.A. posted in property division on Wednesday, May 22, 2019.

Once a marriage is showing signs of instability, some may feel that exploring their options is a last resort. However, if one desires an equitable share of the marital assets, consulting with a family lawyer is a prudent step. Florida residents who are concerned about how the property division will affect their future security benefit from seeking guidance sooner rather than later.

Some may feel that consulting with an attorney is akin to giving up on the relationship too soon. However, choosing to get information early can only help in the end, especially once the petition to divorce has been filed. If a couple has children or significant assets, then waiting until the other spouse has contacted a lawyer may be counterproductive. Furthermore, it is recommended that the other partner is not informed about a consultation ahead of time unless the couple has already decided that a mediation approach is the best fit for their situation.