Options for Getting a Spouse Out of the Home

When a relationship starts to go south and spouses begin to consider getting divorced, an early question in this process is often who will stay in the family home and who will leave. This issue can become a huge point of contention, as both spouses likely have rights to be in the home, usually through being listed on a lease or home mortgage. Ideally, the couple can negotiate an acceptable resolution in which one will leave without the need for court intervention. Click here to see more.

Don’t Expect Facebook to Be Private in Divorce

Social media is an important outlet for millions of Americans, and serves to keep people connected with family and friends. These connections are particularly important for moving through a divorce, but the information posted on these platforms can prove problematic if there are images or posts the other spouse could use to challenge claims made by the other party. Click here to see more. 

Does Infidelity Matter in Divorce?

Marriages end for a large number of reasons, but one circumstance that often drives this decision is infidelity by a spouse. Not being able to trust a spouse to remain faithful is a deal killer for most relationships, and is bound to generate a lot of emotional pain. The wronged spouse may also feel compelled to air this information in the ensuing divorce proceedings as a way to retaliate for the bad behavior. Click here to read more.

When Would a Court Give Custody to a Non-Parent?

Raising a child without some help and contributions from family and friends is virtually impossible.  Childrearing is a full-time, constant endeavor that requires help from the outside for a parent to fulfill her or her responsibilities.  However, when it comes to who as final authority over a child, one or both parents are overwhelmingly the only individuals considered for this role.  Click here to read more.

New App Aims to Help Parents Post-Divorce

Navigating how to co-parent during and after divorce is one of the biggest stresses single parents have.  There is a lot of information that parents need to stay in compliance with the parenting plan and as a preventative measure in case a dispute arises about parenting time or financial contributions.  The current structure of child custody, which is now referred to as parenting time, is encapsulated in a parenting plan and requires much more cooperation between divorced parents than in the past.  Click here to read more.

Evaluating the Different Options to Get Divorced

Obtaining a divorce requires a couple to make a series of important decisions that will have long-term impacts on their future, including selecting which process to use to end the marriage. It may seem like the path chosen to arrive at divorce is an incidental factor, but it can have substantial implications for the settlement that is ultimately reached. Most couples are aware and have some notion of the traditional process of getting divorce – litigation, and many even assume this is their only option for ending the marriage. However, two other options that couples may want to consider if they are looking for a less contentious way to work out their issues, namely alternative dispute resolution – usually mediation, and collaborative divorce. A discussion of how each process works, including the positive and negative features of each, will follow below.

Traditional Divorce

Traditional divorce is the type one sees depicted on television, and involves a judge making all the decisions for the couple. This is the most adversarial method of ending a marriage, and parties generally have less contact with one another and use lawyers to prepare and present all aspects of the case. Further, due to the demands on court systems generally, the time and expense of a traditional divorce is much lengthier and higher. However, a traditional divorce provides an important service to some couples. The matters at issue in divorce are sensitive and complicated, and parties are not always able to come to an agreement because their points of view are too far apart. In this situation, a court can step in to resolve the couple’s outstanding issues, and bring closure to the case. Further, in divorces where is there are issues of violence or wasting of assets by a spouse, court supervision is usually necessary to secure the other spouse’s safety and rights. Thus, a traditional divorce does provide important protections and direction that are needed in some cases.

Mediation

Mediation is a form of alternative dispute resolution routinely used in family courts to resolve issues. Mediation is a less adversarial method of resolving divorce-related issues, and is led by a mediator who facilitates negotiations between the parties. The mediator is a neutral third party who cannot make decisions for the couple, but can offer suggestions and help them find ways to compromise on points of contention. Mediation sessions may be conducted with both parties in one room, or in separate rooms with the mediator going back and forth with each party’s demands until agreement is reached, or an impasse halts the process. This process allows the parties to have control over the outcome, and is typically cheaper and faster than a standard divorce case. Mediation is voluntary, and if the parties cannot settle all relevant matters, they can return to court to continue the divorce. Importantly, mediation participants often have attorneys present at mediation sessions, or at least to review any divorce settlement before signing, to advise them on the legal implications of any agreement.

Collaborative Divorce

Finally, a relatively new divorce option is collaborative divorce. This is a completely non-adversarial process that is designed to preserve a civil and working relationship between the parties, which is important if they plan to co-parent. Additionally, the parties must agree at the outset to suspend or opt out of court involvement during the collaborative process. Collaborative divorce involves attorneys specially trained in the collaborative law process to handle the legalities of drafting a settlement and explaining what the agreement means long-term and mental health and financial professionals to help the parties resolve child custody issues and property division. The parties communicate directly with one another, and have full control over the outcome, which typically lessens the likelihood of going to court resolve issues in the future.

Get Help

How you choose to get divorced is often as important as the decision to end the marriage. Every divorce case is unique, and an experienced divorce attorney can advise on the method that best serves your needs and desires. The Tampa law firm All Family Law Group, P.A. understands how overwhelming the divorce can be and can provide the guidance you need to start the next phase of your life.  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+

Is Posting Information about Your Divorce on Social Media a Good Idea?

Many people view their online social media accounts as an extension of themselves, and sometimes without thinking, post information about personal matters that is best left private. Posting about major life events online, and providing all the details, is not necessarily prudent. Divorce is one those areas where information should be kept to a minimum to avoid it affecting the outcome of the case and inflicting unintentional harm on other people, especially children. Emotions tend to run high around the issue of divorce, and those going through it understandably want to vent about frustrations and other unresolved issues. However, posting information about one’s divorce, including why/how the divorce happened, is not a good idea. Unlike relaying information to a trusted friend or family member, things posted online are available for others to see, including the other spouse and his/her attorney. The husband of the R&B singer, Keke Wyatt, recently posted a video on social media explaining his decision to divorce, including remarks about living in a “toxic environment.” While he may have made the statements with no ill intent, one could view his comments as references to behavior that creates an unsafe environment for their children. This example of one possible interpretation of his comments illustrates how online posts have the potential to affect issues like child custody and property division. An exploration of how social media can impact divorce cases, and the most effective method of mitigating this risk, will follow below.

How Social Media Posts Influence Divorce Settlements/Decrees

One crucial point divorcing spouses need to understand about social media is that such information is admissible as evidence in their case. Even if an account is set to private, a court may allow the other party to gain access to posts as part of the discovery process (procedure that permits parties to gather evidence). Thus, using social media during an active divorce should at least involve some thought on how it may be construed. Specifically, if spouses are in a dispute over finances, posts indicating monetary expenditures, such as going out for dinner or attending a show, no matter how innocuous, can be used to argue for a greater share of the marital assets or more alimony. Further, social media can have particularly damaging effects on child custody disputes. Courts look at the best interests of the child when deciding how to divide parental responsibilities, and parties that post negative comments about the child or other parent could be viewed by the court as signaling the parent will not be willing or capable of cooperating on child custody matters. This inference could lead to the court to give the other parent greater decision-making authority and the majority of the parenting time.

Limiting the Impact

As alluded to above, social media should be used sparingly, if at all, while the divorce is pending. While it may be difficult to refrain from using this communication medium, the potential for negative consequences is typically greater than the benefit social media confers. If abstaining is not possible, taking pains to keep posts as neutral as possible is critical to minimizing their impact. An experienced divorce attorney can advise how to handle social media in divorce and other family law matters, which is especially important if negative content is already posted.

Contact a Florida Divorce Attorney

Putting together a divorce case requires more than merely filing certain documents with the court. An experienced divorce attorney can help you gather and present the information you need to get a fair and appropriate result. Tampa Bay’s All Family Law Group, P.A. understands the stresses of divorce, and is available to help you negotiate a settlement, or litigate the case in court, if necessary.  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+