Sheldon E. Finman, P.A.Fort Myers Family Law Attorney | Sheldon E. Finman, P.A.2024-03-18T20:33:02Zhttps://www.respectfuldivorces.com/feed/atom/WordPressOn Behalf of Sheldon E. Finman, P.A.https://www.respectfuldivorces.com/?p=495152024-03-18T20:33:02Z2024-03-18T20:33:02Z1. Emotional well-being
As many as one in five children will develop an anxiety disorder. One of the primary benefits of joint custody is the enhanced emotional well-being that comes from children maintaining strong relationships with both parents. Children who have frequent and meaningful contact with both parents tend to experience lower levels of stress and anxiety.
2. More parental involvement
Joint custody encourages both parents to remain active in their children's lives. This involvement includes decision-making regarding education, health care and extracurricular activities. It can foster a sense of security and belonging for children. They have consistent access to the guidance and support of both parents.
3. Maintaining relationships
Joint custody allows children to keep strong and meaningful relationships with both sides of their family, including grandparents, siblings and other relatives. These relationships provide additional sources of love, support and stability for children.
4. Reduced risk of behavioral issues
Studies show that children in joint custody arrangements are less likely to have behavioral issues such as aggression, depression or delinquency. Additionally, joint custody can promote healthy communication and conflict resolution skills, as children observe their parents working together to co-parent effectively.
By prioritizing the needs and best interests of the children, parents can work together to create a supportive and nurturing environment for their children.]]>On Behalf of Sheldon E. Finman, P.A.https://www.respectfuldivorces.com/?p=495142024-02-26T20:03:47Z2024-03-04T19:59:40ZWhat is a qualified domestic relations order?
According to the Department of Management Services, the court must approve a QDRO before someone can receive a portion of the benefits from their spouse’s retirement account due to divorce. This legal document establishes the right of an alternate payee (usually the non-employee spouse) to receive these benefits. For example, a 401(k) or pension plan, as part of a divorce settlement. It also allows for the division of retirement benefits between spouses without triggering tax consequences or early withdrawal penalties.
The main purpose of this order is to divide retirement benefits fairly and in accordance with the terms of the divorce agreement. Without such an agreement, the spouse who earned the retirement benefits would typically be the sole beneficiary of those benefits, even in the event of a divorce.
How do these orders work?
When a divorce agreement includes the division of retirement benefits, couples can draft a qualified domestic relations order and submit it to the retirement plan administrator for approval. This order specifies the amount or percentage of the retirement benefits that the alternate payee will get. Once the order becomes approved by the plan administrator, the alternate payee receives the benefits. It is important to note that these orders must meet certain requirements to be valid. For example, they must clearly identify the retirement plan and the parties involved, specify the amount or percentage of benefits paid to the alternate payee and comply with the terms of the retirement plan.
By establishing the right of the alternate payee to receive a portion of the retirement benefits and ensuring that the division occurs in a tax-efficient manner, a qualified domestic relations order helps both spouses achieve a fair and equitable division of this important asset.]]>On Behalf of Sheldon E. Finman, P.A.https://www.respectfuldivorces.com/?p=495122024-02-21T20:10:04Z2024-02-21T20:10:04ZGoals can help people remain focused
Even those who have firmly committed to a cooperative divorce could end up embroiled in frustrating conflicts with their spouses. Issues ranging from the division of holiday parenting time to how to share equity in the marital home can trigger emotional reactions that complicate divorce.
Spouses may then begin arguing over terms that ultimately do not have much impact on their happiness or financial stability. The best way to avoid falling into this common divorce trap is to establish goals for the divorce process as early as possible. People who are familiar with the Florida approach to equitable property division and alimony have an easier time setting realistic goals.
Those goals allow them to remain focused on what matters the most during cooperative negotiations. It is much easier for divorcing spouses to set their emotions aside when they have clear priorities to guide them. Even if someone temporarily loses sight of their long-term goals, the lawyer assisting them with the divorce process can help them refocus on what truly matters the most when they have set clear goals.
Those who prioritize specific goals and terms during divorce negotiations may have an easier time overall controlling their emotions and may ultimately feel more satisfied with the outcome of their divorce proceedings.]]>On Behalf of Sheldon E. Finman, P.A.https://www.respectfuldivorces.com/?p=495112024-02-16T17:36:41Z2024-02-19T17:36:07ZRespect for individual autonomy
With prenuptial agreements, couples must disclose their financial assets, liabilities and any other relevant financial information. While marriage is a partnership, each partner maintains individual rights and autonomy. A prenuptial agreement acknowledges and respects this autonomy. It allows couples to customize their financial arrangements according to their unique circumstances and preferences.
Honest conversations that stave off problems
Drafting a prenuptial agreement requires couples to have candid discussions about their finances, including spending habits, saving goals and debt management. This process encourages financial responsibility and accountability. It can also prevent many potential conflicts and save the marriage. After all, financial issues can play a major role in why a marriage ends.
Peace of mind
Through careful planning, individuals can protect their premarital assets, such as property, investments, family inheritances and business interests. They receive the peace of mind that they should not lose that property. They can also get the peace of mind that they are not responsible for individual debts their soon-to-be spouse already has or will incur.
Prospective stay-at-home parents can also be secure in the knowledge they will receive an amount of spousal support they agreed to if a divorce occurs. Otherwise, the possibility of stepping off the career track can be extra daunting.
Contrary to common misconceptions, prenuptial agreements in Florida can serve as a valuable tool for strengthening relationships.]]>On Behalf of Sheldon E. Finman, P.A.https://www.respectfuldivorces.com/?p=495102024-01-31T20:14:55Z2024-02-06T20:14:46ZThe benefits of an amicable relationship
Maintaining a friendship with your ex during a high-asset divorce can have numerous benefits. By fostering an amicable relationship, you can minimize conflict, reduce stress and create a more peaceful environment for both parties involved. This approach can also be beneficial for any children caught in the middle. Children can continue to feel supported and loved by both parents.
Some couples can work together and end their marriage through the collaborative process. According to Florida Courts, collaborative divorces are less time-consuming and costly, offering more control and privacy.
Open communication and other issues
Establishing open lines of communication is necessary if you stay friends with your ex during a high-asset divorce. Clearly define boundaries, such as discussing financial matters only during scheduled meetings or avoiding topics that may trigger emotional turmoil. Regularly checking in with each other, sharing concerns and being respectful of each other's feelings can help maintain a healthy friendship while navigating the complexities of the divorce process. By adopting a collaborative approach and cooperating with your ex, you can minimize animosity and reach fair agreements.
Staying friends with your ex during a high-asset divorce is not always an easy task, but it can bring numerous benefits. By prioritizing the well-being of all involved, it is possible to navigate the divorce process while preserving a positive and supportive relationship with your ex-partner.]]>On Behalf of Sheldon E. Finman, P.A.https://www.respectfuldivorces.com/?p=495082024-01-31T14:46:24Z2024-01-31T14:46:24ZRelocations require advance notice
Relocations or move-away requests can have a major impact on the time-sharing arrangement for a family. There are many reasons why one parent might move away from their current residence. New romantic relationships, job offers and proximity to family are all reasons why people might decide to move despite how the relocation could affect time-sharing agreements.
The adult proposing the move typically has an obligation to provide advance notice to the other parent and the Florida family courts. If the move would take someone out of Florida or is more than 50 miles away from someone's current residence, they likely need to request pre-approval for the move.
Sometimes, the other parent agrees that the move could be beneficial for the children. They could cooperate and sign an agreement to modify the existing parenting plan. If the other parent opposes the move, then the matter may need to go to family court. The parent hoping to move might need to convince the court that the move would be in the best interests of the children. If they succeed in doing so, then the judge might modify the existing parenting plan to improve the access of the other parent after the move.
Understanding the restrictions on move-away scenarios, and seeking legal guidance when necessary, may help people preserve their parental rights after a Florida divorce.]]>On Behalf of Sheldon E. Finman, P.A.https://www.respectfuldivorces.com/?p=495072024-01-25T19:03:35Z2024-01-25T19:03:35ZAssessment of ownership rights
Begin by understanding the ownership rights of each party involved. For instance, you must determine whether the house is jointly owned or if one person holds sole ownership. This clarity will lay the foundation for the division process.
Valuation of the property
To ensure a fair division, you should assess the current market value of the house. To do so, hire a professional appraiser who can provide an unbiased and accurate valuation. This step can help determine each party's share.
Consideration of contributions
Also, take into account the financial contributions made by each spouse during the marriage. Contributions could include mortgage payments, home improvements or other financial investments. Recognizing these factors can contribute to a fair distribution.
Communication and negotiation
Open and honest communication is key during the divorce process. For instance, both parties should express their preferences and concerns. Negotiation is a collaborative effort, and finding common ground can lead to a more amicable resolution.
Explore buyout options
In some cases, one spouse may wish to keep the house. If so, explore buyout options, where one party compensates the other for their share of the property. This allows for a smoother transition and enables one party to retain the family home.
Consider future financial stability
Divorce often brings financial changes. Accordingly, consider how the division of the house will impact the financial stability of both parties. Ensure that the arrangement aligns with long-term financial goals and obligations.
Dividing a house after divorce requires careful thought and communication. By understanding all relevant factors, individuals can navigate this challenging process with a focus on fairness.]]>On Behalf of Sheldon E. Finman, P.A.https://www.respectfuldivorces.com/?p=495062024-01-10T21:58:31Z2024-01-10T21:58:31ZIs the pet separate or community property?
One of the first things courts consider is whether or not one spouse owned the pet prior to the marriage, making him or her separate property. If so, the pet is not subject to division. If the divorcing couple obtained the pet after marriage, judges consider other factors to determine ownership.
Are there ownership papers?
If one spouse has clear documentation establishing his or her ownership of the pet, it can significantly impact the decision. Purchase or ownership papers can establish that he or she has more rights to the pet.
Who took care of the pet?
Judges are more likely to award the pet to the person who was the primary caregiver. The spouse who was responsible for daily tasks such as feeding, grooming and veterinary care and paid for supplies invested more and is more likely to continue to care properly for the pet after the divorce.
What is the value of the pet?
Since the law does see pets as property, their value can matter in some cases. For instance, if the pet makes money through contests or showcases or are expensive and valuable pure breeds, judges may weigh in their worth into the overall property distribution.
Who has the ability to care for the pet?
Pets require a considerable investment, purebred ones especially. Judges may favor spouses who have enough space for pets to play, time to give them attention and the funds to give them a good life.
Can the spouses come to an agreement?
Florida does not set pet custody arrangements since it focuses more on settling child custody issues. However, amiable spouses may be able to negotiate with each other to set one up themselves.
Are there children with attachments?
Pets can be a great source of comfort to children in the tumultuous period after a divorce. When children have a bond with them, taking them away can impact the youths' mental and emotional health. Judges keep this in mind and tend to place any pets children have emotional attachments to with the primary custodial parent.
The Pew Research Center states that over half of the population owns at least one pet. Animal companions occupy a unique position in society, and their placement during divorce is an important matter involving many factors. However, it does not have to be antagonistic; splitting couples can come to an agreement.]]>On Behalf of Sheldon E. Finman, P.A.https://www.respectfuldivorces.com/?p=495052023-12-28T20:40:45Z2023-12-28T20:40:45ZIdentify marital and separate property
Marital property typically encompasses assets such as real estate, retirement accounts, investments and even businesses obtained during the marriage. Separate property is the assets owned by one spouse before the marriage or acquired through inheritance or gifts during the marriage.
Valuate assets
Valuation involves assessing the worth of each asset, which can be quite complex when dealing with substantial wealth. You must accurately appraise assets like businesses, properties, stock portfolios and retirement accounts to ensure a fair division.
Distribution
Florida follows the principle of equitable distribution when dividing marital property. This usually does not mean you split things evenly down the middle, but it means they try to share things fairly. They look at the length of the marriage, how much money they each brought in and what they will need after the divorce. In gray divorces, they also consider the ages and health of the spouses, how they used to live and how the divorce will affect their retirement plans.
Complexities of business ownership
When one or both spouses own businesses, property division becomes even more intricate. The court may need to determine the value of the business and how to allocate its assets and liabilities. This can involve hiring financial experts or forensic accountants to provide an accurate assessment.
According to the Journals of Gerontology, after a gray divorce, women experience a lowering of their standard of living by 45%, while the decline for men is about half that. This is one reason that property division in high-asset gray divorce can be a tricky process that requires careful consideration of many factors. Ultimately, the goal is to divide everything fairly, allowing each spouse to move forward with financial security and peace of mind.]]>On Behalf of Sheldon E. Finman, P.A.https://www.respectfuldivorces.com/?p=495042023-12-21T01:46:01Z2023-12-21T01:46:01ZFlorida law recognizes collaborative divorce as a legitimate and effective method for ending marriages. To initiate the process, both parties must sign a participation agreement, committing to resolve disputes outside of the courtroom. This legal framework sets the stage for a smoother and more cooperative divorce experience.
The role of mediation in collaborative divorce
Mediation serves as the backbone of many collaborative divorces, fostering open communication between spouses. A neutral mediator guides discussions; this can ensure that both parties have equal opportunities to express their concerns and desires. This open dialogue lays the foundation for constructive problem-solving.
Unlike litigated divorce proceedings, where a judge imposes decisions, collaborative divorce empowers couples to make their own decisions. Mediation provides a structured environment for negotiation, allowing spouses to actively participate in shaping the terms of their divorce agreement, from asset division to child custody arrangements.
Mediation also expedites the divorce process by bypassing lengthy court battles. This not only saves time but also helps reduce the financial burden associated with protracted legal proceedings. The efficiency of mediation can make collaborative divorce a suitable option for couples seeking a swift and cost-effective resolution.
Benefits of choosing collaborative divorce
One of the key incentives that prompts many couples to choose a collaborative divorce is its emphasis on preserving relationships, especially when children are involved. By minimizing conflict, parents can maintain a healthier co-parenting dynamic, fostering a stable environment for their children.
Collaborative divorce also minimizes conflict compared to traditional litigation. This open communication and problem-solving approach can reduce stress for both parties, creating a more positive environment for negotiating settlements. Moreover, unlike courtroom proceedings, collaborative divorce offers a higher degree of privacy. This confidentiality allows couples to address personal matters without public scrutiny, maintaining their dignity throughout the process.
Collaborative divorce under Florida law provides couples with a dignified and cooperative alternative to traditional litigation. From legal requirements to the numerous benefits, understanding the intricacies of collaborative divorce is crucial for those seeking a respectful and amicable end to their marriage.]]>