On behalf of Sheldon E. Finman, P.A. | Dec 14, 2019 | Uncategorized
When couples decide that it is time to end a decades-long marriage, a collaborative process may avoid dividing assets based on the decisions of a Florida divorce court judge. According to a study reported in Bloomberg magazine, an individual’s wealth can drop by about half after a gray divorce.
Reportedly, women may see their standard of living drop by nearly 45%. Men, however, may only experience a 21% reduction in their standard of living after a gray divorce. While some individuals may view a late-in-life marriage dissolution as an opportunity to start a new career, others may find themselves unable to enter or rejoin the workforce.
Maintaining a standard of living may require financial support
For individuals over the age of 50, dividing assets to secure a comfortable retirement arrangement may be the most important issue to consider. Individuals who have earned income through a long-term career may look forward to retiring with the financial means to do so provided by an employer-sponsored plan. Others, however, may require financial assistance to get by and request alimony or spousal support.
Coming to an agreement before going to court
Negotiating alimony or financial support with a soon-to-be ex-spouse may be a quick and much smoother process through a collaborative divorce. Couples living together already understand how to maintain their household budget. Coming to a mutually agreeable arrangement through the collaborative process may involve little more than an amicable and realistic budget discussion.
When distributing property in a way that meets each spouse’s needs, a collaborative divorce process allows for open discussion and negotiation. Settling matters out of court may enable a divorcing couple to reach a more equitable and satisfactory agreement, as noted by Reader’s Digest magazine.
On behalf of Sheldon E. Finman, P.A. | Nov 29, 2019 | Uncategorized
When parents divorce in Florida, they have the opportunity to create a custody and parenting plan that addresses both the needs of the child and their rights as parents. When former spouses are unable to agree, however, the family court judge decides on behalf of the family.
Learn more about the factors the state uses to determine child custody.
Types of custody
Florida recognizes both legal and physical child custody. The court usually orders shared legal custody, which is the ability of each parent to make important decisions on the child’s behalf. Although the presumption in Florida is for shared physical custody, the exact parenting time schedule depends on the specific needs of the child and the family.
Safety and health of the child
Florida favors parenting arrangements in which both parents share responsibility for raising and caring for their children. The exception occurs when one parent has a history of neglect, abandonment, child abuse or domestic violence. The judge will also consider whether each parent is mentally and physically able to care for the child, including any history of or current substance use.
In addition to a child’s physical health and safety, parents must demonstrate attention to the child’s emotional and developmental needs. Factors in this type of support include consistent discipline, knowledge of the child’s daily life, the ability to provide routines, and whether the child can emotionally handle a schedule involving equal time with both parents.
Communication and co-parenting
Parents must demonstrate a willingness to encourage a healthy relationship between the other parent and the child. This includes adherence to any existing time-sharing schedule, communication about important events and milestones in the child’s life as well as schedule changes, and whether either parent disparages the other in front of the child.
Parents must present the court with a parenting plan, which will be legally binding if the judge approves. This document should include details about sharing time and responsibilities of parenting and information about how the parents will communicate with one another.
On behalf of Sheldon E. Finman, P.A. | Oct 30, 2019 | Uncategorized
While divorce is difficult no matter if the individuals involved have children or not, children have a way of making the process much more complex. This is true for all children, but if you are going through a divorce in Florida and there is a special needs child involved, you have even more considerations than most. Collaborative divorce is a positive way to work through the situation, but it becomes even more important if there is a child who requires special provisions. According to the Autism Community in Action, a Special Needs Trust is vital.
Basically, both you and your soon-to-be ex-spouse need to be making provisions for your child’s care when neither of you are around to do it any longer. This is what the Special Needs Trust will take care of. Make sure that this trust is the beneficiary of your ex’s 401K as well as yours if both parents possess them.
Both parents should also make sure that they have full life insurance plans and keep the payments up regularly. This way in the event that either you or your ex-spouse die prematurely, your child will still have care.
Medical decision-making is also of paramount concern. In a collaborative divorce, both parties will work together in order to make the best decisions for their child. However, in the case of a special-needs child, it is not unusual for parents to have disagreements about care, even if they are married. Both parties need to be on the same page where medication and dosing are concerned, and where diet is. Both parties need to agree to continue this course of care when the child is in their custody.
On behalf of Sheldon E. Finman, P.A. | Oct 24, 2019 | Uncategorized
Venting about feelings to close friends is often a healthy way to process the difficult emotions that come with divorce. But when you express anger, rage and heartbreak to hundreds of social media followers, you risk legal complications and reduce your risk of achieving an amicable end to your marriage.
These are the key reasons to consider taking a break from Facebook, Twitter and other social media accounts during this transition.
Limited privacy control
You may think that only designated “friends” can see a post about your ex-spouse, but privacy settings on social media are notoriously difficult to use and tricky to master. The risk of accidentally posting an emotional rant to everyone you know (including your former in-laws) is high. What is more, anyone who sees your post can take a screenshot and share it regardless of privacy settings.
Increased risk of conflict
Your goal is to save time and money by pursuing a collaborative divorce. You still have fond feelings for your former spouse, even though the marriage did not work out, and you want the process to be as painless as possible. Unfortunately, social media can compromise the likelihood of a peaceful coexistence with your ex-spouse. Whether one person posts images with a new partner or simply celebrates his or her newly single lifestyle online, the potential for hurt feelings and resulting legal conflict increases.
Shielding your children
Most parents share images and videos of their children on social media, but the fact is that babies, toddlers and preschoolers cannot consent to displaying their photos publicly online. Older children may be extra sensitive about what their parents share online, especially as they navigate the challenging life changes that accompany divorce. Consider coming to an agreement with your ex-spouse about what you each will and will not share about your kids online.
When taking a break from social media, try completely deleting the apps from your phone. If you need to actually get on a computer and log onto Facebook or Instagram, you will likely lose the urge to make posts and check your feed and notifications.
On behalf of Sheldon E. Finman, P.A. | Oct 22, 2019 | Uncategorized
As a Florida resident, divorce may be one of the most stressful events you can experience because it affects so many facets of your life. From agreeing on custody points to dividing up belongings, the process can be emotionally draining, especially if you and your spouse cannot agree on many of the decisions you must make. At Sheldon E. Finman, P.A., Attorney at Law, it is our goal to guide clients through collaborative divorces in order to reduce emotional strain for both spouses.
While you and your partner have agreed to a divorce, it may be difficult to avoid the types of arguments that cause hurt feelings and lifelong resentment. The Huffington Post reports that collaborative divorce may be a better option, especially if you and your spouse must maintain a relationship to co-parent your children. Under this type of agreement, both married individuals avoid a courtroom battle and end their marriage in a way that is fair and free of drama. In most cases, couples include divorce coaches and other qualified experts in the proceedings, which can make this process simpler and easier to understand.
A divorce can be especially strenuous when children are involved. However, if you agree to a collaborative divorce, you, your spouse and your kids can take advantage of the coaching specialists and learn how to speak to each other in a way that is calm and productive.
It may seem almost impossible to avoid stress and pain when your marriage is ending, but collaboration often eases the strain. For more information about the finer points of collaborative divorce, please visit our website.
On behalf of Sheldon E. Finman, P.A. | Oct 18, 2019 | Uncategorized
When couples in Florida divorce and children are involved, they must face a new reality of living in two homes rather than one. Whether the divorce is amicable or tense, most parents want what is best for their kids. One of the hardest things kids often face after a divorce is the reality that they will be living in two different homes. Even if one spouse keeps the marital home, they will not see both parents every day like they are used to. Fortunately, there are things parents can do to make the process easier on their kids.
Parents.com suggests that the child have a say in many aspects of their new home. From paint colors to picking out their own sheets and bedding, making them feel like they have a choice when many things seem out of their control can get them excited for a new home.
Another way to help kids adjust is to keep the new home as familiar as possible. The child should be allowed to have some familiar items in the new home. Whether they are moved from one house to another or extra items are bought to keep them at each house, something as simple as a blanket or familiar toothbrush can soothe their nerves and worries.
Family Education encourages parents to establish a ritual for each time a child arrives to a different home. This provides an emotional connection to the new environment that makes it feel more like home. The ritual can be something as simple as a hug, a high five or a special handshake.
In both households, children should have responsibilities and chores. This allows them to buy into the system and have some ownership in the place they are living. It is easier to make a connection with something they work for.
Simple steps can simplify the lives of both parents and their children. Rather than increase the emotional upheaval that often accompanies divorce, these changes can decrease stress and sadness.
On behalf of Sheldon E. Finman, P.A. | Oct 1, 2019 | Uncategorized
Once you have been married for a long time in New Mexico, it may seem as if you are free from all the chaos and tension that often accompanies younger married couples. The truth is that according to Forbes, there seems to be a trend of older couples divorcing that started long before 2004 when the term “grey divorce” was coined to refer to the increasing rate of divorce for people over the age of 50. Many erroneously believe that marriage gets easier as you get older and are surprised to find there are plenty of reasons divorce is a serious likelihood when they are older.
Financial management is a big issue that can arise as couples age. When one or both spouses have trouble managing finances, debt becomes an issue. Fights about finances often lead to divorce. On the other side of the coin, if one spouse makes most of the money to support the household and makes all financial decisions, couples often fight about mismanagement of funds or overspending. Studies show that marriages fail more often when a woman’s earnings increase but are stronger when the husband makes more money.
At times, couples simply grow apart once the kids have left the home. The spark that comes when you are first married has often faded, but it is hard to notice while you are both busy raising kids and making a life. If the kids are gone and life has settled into a pattern, it is common for couples to realize they are missing the initial connection they had.
Infidelity is often a problem for older couples. Infidelity may not carry the negative connotation it did when couples were younger. Older spouses are often attracted to younger men and women and find it easier to connect with them now that dating sites and apps are so prevalent.
No matter what age you are when you seek a divorce, you should not face the process alone. A good family law attorney can protect your interests and assets if you decide to end your marriage.
This is for educational purposes and should not be interpreted as legal advice.
On behalf of Sheldon E. Finman, P.A. | Oct 1, 2019 | Uncategorized
If you have friends who have divorced in New Mexico, it would seem there is no reason to think that your marriage may be in danger. According to the Chicago Tribune, a large study found that divorce can be contagious between friends for many different reasons.
The study was completed by researchers from Harvard University, Brown University and the University of California at San Diego. Results show that if you have a friend of a friend who divorces, you may be 33% more likely to get divorced and if a close friend divorces, you are 75% more likely to seek your own divorce. This may be because watching a friend go through the process can inform you of possibilities you had not thought of previously. Once one couple starts it, friends start to assess their own lives and consider they may be able to find happiness elsewhere.
Another factor can be that when couples are divorcing, they tend to speak to their friends with complaints about their spouse. Once they start, the other friends may chime in and start complaining about their own spouses, making problems that were minimal before seem much larger now.
After a divorce, many people go through a temporary high where they feel light and free. This can be deceiving to those who are still fighting for their marriage. The recently divorced person may have new friends or start a new relationship that seems exciting from the outside, leading married friends to believe the grass is greener on the other side.
It is suggested that couples spend 16 hours of undivided attention with each other each week, and six of those should be outside the home. It can be difficult to find the time and energy to carve out time for your spouse. If you and your spouse are ready to end your marriage, it does not have to be complicated and tense. A good family law attorney can help simplify the process with a quick, effective solution.
This is for educational purposes and should not be interpreted as legal advice.
On behalf of Sheldon E. Finman, P.A. | Oct 1, 2019 | Uncategorized
No matter how amicable your divorce in Florida is, it can still take a toll on your emotional health. Between splitting assets and separating from someone you are used to seeing every day, there are so many aspects to divorce that many do not consider until they are in the middle of it. WebMD provides a few ways that you can emotionally survive divorce and lead a happy life after your marriage ends.
First, you should seek out a strong support network. You not only need a qualified family law attorney in your corner, but you should fill your life with people who are supportive and understanding. This can even just be one friend you can turn to when you are struggling. Over time, you will likely become more comfortable inviting more people into your support network.
Second, it is time to redefine who you are a single person rather than part of a couple. For many people who have been married for a long time, this can be a frightening idea. Who are you if you are not one half of a whole? This is particularly hard for those who have dedicated most of their time to being a spouse rather than developing their own interests outside the home. This is an ideal time to explore some new hobbies, interests and activities. Not only can you redefine who you are, but you can also let go of some of the grief that comes with divorce.
Finally, it is important to minimize the emotional toll that divorce can take on children if you have them. While some hurt is inevitable, you do not want to criticize the other parent in front of your children. One part of being healthy after a divorce is keeping things as amicable with your ex as you possibly can.
This is for educational purposes and should not be interpreted as legal advice.
On behalf of Sheldon E. Finman, P.A. | Jul 10, 2019 | Uncategorized
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?
How it begins
Many divorcing couples dislike the idea of possibly contentious litigation where a judge makes decisions that will affect their future and the future of their children. Cooperative divorce puts more control into the hands of the participants. It is an alternative that, compared to traditional divorce, is more respectful, less time-consuming and certainly less expensive.
Working together
In a cooperative divorce, the parties work together with the help of their respective lawyers to craft a settlement agreement that will satisfy them both. They negotiate and cooperate in good faith and find ways to resolve their differences. To this end, they will list all assets, disclose all pertinent financial information and promptly provide any additional information that either side requests.
The main difference
Cooperative divorce is much like collaborative divorce. Both types are favored by parties who feel they can work as a team toward a fair compromise in a civil manner. The main difference is that in a collaborative divorce, the attorneys must withdraw from participation if problems remain resolved. If this occurs, the couple must engage new attorneys to take the case to court, which will add time and expense to the divorce process. In a cooperative divorce, the attorneys work with the parties, sometimes in four-way sessions, to achieve the looked-for results and will proceed to court with them if any sticking points remain.
Looking ahead
Experience has shown that litigation is often hard on the children of the marriage due to the long process and the bitterness that may surface between the divorcing parents. One of the reasons that cooperative divorce has gained in popularity is that it is much less stressful for everyone, including the children. It also sets the foundation for continued communication among family members even as the former teammates reach an agreement and go their separate ways.
