Resolving Divorce Issues Outside of Court

When people usually think about divorce, they picture a courtroom with the parties appearing before a judge to argue their respective positions. This is the image of the legal system in America – working out disputes in front a judge who makes the final decision on issues like who is at fault, should pay money, or receive custody of a child. Given that divorce is traditionally seen as a contentious process that often requires the parties to openly contest the demands of the other, it makes sense that alternative ways of resolving disagreements are often unknown, let alone discussed. However, there are numerous advantages to settling divorce concerns in forums outside the stressful environment of the courtroom. If parties want to preserve their relationship in order to better co-parent a child or continue operating a family business together, choosing a less combative proceeding presents a better opportunity to achieve that aim. In fact, Florida recently passed legislation that formalizes a collaborative divorce process that is intended to facilitate amicable dissolutions.

Mediation

Mediation is a process whereby a neutral third party attempts to help individuals in a legal dispute come to an agreement. Essentially, a mediator works to help the parties communicate more effectively and concede a compromise if it is necessary to prevent an impasse in the process. It is common for each party to have his/her own attorney present at mediation sessions to ensure legal interests are not unnecessarily given away. This procedure is voluntary, and either party can opt out at any time in favor of pursuing a traditional suit in court, but some of the advantages of this method include:

• lower cost;
• faster timeline;
• parties can choose the mediator;
• facts of the case remain private and confidential; and
• complete control over the outcome.

In addition, it is worth noting that Florida law permits a judge to refer parties to mediation in cases where the parties are disputing parental responsibility, visitation, or child support, so this is a process that is already recognized as beneficial by the traditional legal establishment.  In Hillsborough County, mediation is mandatory before the parties can have a hearing before a judge.

Collaborative Divorce

Finally, the Florida legislature recently passed a law that formalizes the operation of the collaborative law process for family law matters in this state. This method offers a non-adversarial approach to conflict resolution that is intended to preserve the parties’ relationship. It is a voluntary settlement process that employs the services of mental health and financial professionals, as well as specially trained attorneys, to help the parties collaborate towards the satisfactory settlement. The parties enter into a participation agreement wherein they agree to forego filing a standard divorce petition while engaged in the collaborative process. Further, if the parties are unable to come to an agreement in this forum, the attorneys must withdraw their representation, and cannot participate in the court case.  Usually this method is employed only if there are mental issues involved, alimony, real property and personal property which require experts to help resolve the issues.  If not, then it is not necessary to go through this process and one attorney can be utilized throughout the proceedings.

Consult a Family Law Attorney

If you are seeking a divorce, regardless of whether you can or cannot come to an agreement, a case will have to be filed with the court.  And even if a case is filed before you come to an agreement, this does not mean you cannot amicably resolve your differences thereafter and have an uncontested divorce.  A family law attorney can advise on all the alternative dispute resolution options, and help guide you to the type that is most advantageous for you. The Tampa Bay All Family Law Group, P.A. is experienced in adversarial and non-adversarial approaches to divorce, and can adapt to either approach if circumstances change. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Handling Retirement Funds in a Divorce

Divorce comes with many decisions, some more complex than others. Some of the most difficult decisions revolve around distribution of assets. In Florida, property and other assets acquired during the marriage are considered marital assets, belonging to both parties. This generally includes any retirement assets accumulated in retirement or pension accounts. Many couples fail to immediately address these funds in a divorce, but that can be a mistake. It is important to protect your retirement accounts when you and your spouse end your marriage.

Identify Retirement Accounts

Although you normally may not be paying much attention to your retirement accounts, when a divorce is imminent it is best to review these issues as soon as possible. If you have had several long-term jobs, you could have several or more pensions or retirement accounts. For this reason, it is helpful to keep good records of the companies and funds that you have accumulated. The dates of the retirement funds are critical since they will determine whether the money was accumulated during the marriage. There are issues with regards to these accounts that must be addressed, including taxation, and beneficiaries.

Complex Concerns

Retirement fund concerns can be quite complex, especially when several accounts, or multiple marriages are involved. If you need to transfer funds from an IRA or other savings account, it is necessary to do it properly. Incorrect transfer of funds could cause the transaction to be considered a full distribution, which may result in tax penalties. Another consideration regarding these accounts is the designated beneficiary. Remember to update these designations after the divorce in order to properly preserve your accounts and achieve the desired stipulations.

Discuss Retirement Accounts

While these accounts may be one of the last things on your mind as you navigate your divorce, they are important to your future. It is best to discuss your retirement accounts with your divorce attorney as soon as possible. You will likely need to request records from your employers (or former employers) that indicate the specific dates of participation, along with the amount of money that was added. This information will be essential when determining marital assets.

Benefit and Contribution Plans

The distribution of funds will depend on the type of account that is utilized. There are two main types of accounts including the defined-benefit plan and the defined-contribution plan. With defined-benefit plans, the spouse may have the opportunity to take a lump-sum payment, called a “cash-out” value. Defined-contribution plans require calculation of vesting percentages. These computations can become complicated, especially when there are multiple accounts to consider. There are also other types of retirement plans that need to be reviewed during a divorce, such as military retirement accounts and government pensions. In general, couples must equitably distribute funds in any accounts that had contributions during the marriage.

Because of the highly complex nature of retirement funds in a divorce, it is critical that you discuss your accounts with a skilled divorce attorney as quickly as possible. If you are seeking a divorce, contact the Tampa divorce attorneys and bankruptcy lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Amicable Divorce is Possible

Divorce is never easy, though some people seem to breeze through it more unscathed than others. There are a lot of emotions packed into the relationship and these tend to seep out during the divorce process. The result can be a messy, difficult, or even tumultuous time period that may be difficult to get through. The best option, of course, is to try to resolve the divorce as amicably as possible. This is especially important for couples who have children because they need to transition to a new type of parenting situation. There are some tips for getting through a divorce with as few problems as possible.


Resolve the Big Issues First

It may be easier and less stressful to try to tackle the biggest or most difficult issues first. Both parties may be able to maintain a cordial relationship, especially at the beginning. Once things become more involved and emotions begin to run high, the couple may have more trouble trying to sort through even the most basic decisions. The more settlement terms you can agree with together the better, because this is the basis for a more harmonious situation.


Conscious Uncoupling

One of the most popular catch-phrases of divorce in the last couple of years is conscious uncoupling, and there is certainly more to this than just a name. This movement is a method of working on divorce as a growing experience and not as a blame-game. The root of this method is to look inside yourself for reasons and answers as to the situation and to use the divorce as a reason to improve yourself. While most couples will not go as far as to try the specific method of conscious uncoupling, they can try to look at the divorce as a stepping stone or transition to a new or better place.


Seek Help for the Rough Spots

It is important to realize when a rough spot is coming as soon as possible. If you know, for example, that there will be a disagreement over the house, make sure that you let your attorney know immediately. An experienced divorce lawyer will address the difficult situation in the best possible way while protecting your rights and respecting your position. The key to an amicable divorce is not to allow disagreements to get too far. If they do they will inevitably cause a breakdown in communications and the entire process will suffer as a result.


Guidance from Your Divorce Attorney

Divorce is a legal process and can be rather complex. It is essential to make sure that the decisions you make today are the best for you and your family both now and in the future. Your lawyer is your first and best choice for guiding you through the divorce process. Meet with your attorney as soon as possible and let your lawyer know what issues are most important to you. You should also indicate which areas could be contentious so that they can be addressed preemptively. If you have decided to divorce, contact the Tampa divorce attorneys and family law lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+