The decision to end your marriage is often difficult, especially if you have children. As couples go through separation and begin the divorce process they may find that they disagree about many aspects of the divorce settlement, and this can make the process longer and more challenging. There are some things you can do to prevent the common problems that arise during a divorce.
Choose a No-Fault Divorce
Florida is a “no-fault” divorce state. This means you do not have to have a specific reason for ending your marriage. Instead, you and your partner may end your union because it is irretrievably broken. While you may feel that your partner is responsible for the breakup, it will not typically help you in the divorce process to pursue these issues. Keep the process as simple as possible by not contesting the divorce. You can work out singular issues as they arise.
Equitable Distribution in Florida
Married couples who divorce are subject to the laws of Florida. Florida utilizes the equitable distribution doctrine which states that both parties should receive about the same distribution of assets during the split. You will receive a fair allocation of your assets as part of any divorce settlement. There are just a few exceptions to this rule, such as property that you owned before the marriage and inheritances that you received. Your attorney will work with you to help you obtain certain items that you feel you should keep.
Keep Communication Open
Communication with your soon-to-be-ex is often difficult at best. In fact, lack of communication may be one of the reasons that led to the end of your marriage. When it is time to part, however, good communication can help facilitate the process. If you can talk to your spouse and work out issues before they become major, you can eliminate a lengthy divorce and therefore keep the costs down. You will also have less stress associated with the end of your union.
Develop a Parenting Plan
Parents need to create a parenting plan that includes when and how visitation with the children occurs. It is in the best interest of the children to work together to make a parenting plan that will work for both parents and kids. The more detail you achieve in a plan the better since it will be in effect following the divorce. Once in place, you will need to make changes through the court system when they are needed.
Resolve Problems Quickly
Sometimes you and your spouse will not agree on some of the terms of the divorce. Many times, the issues revolve around money and children. If you cannot resolve the problems on your own, the judge may order you to seek mediation. Mediation requires you to meet with a professional to assist you in reaching a compromise for the particular issues that are in dispute. It is often best to allow your attorney to try to resolve these issues before they worsen. Digging in your heels may not always be the best or most effective solution.
When you are ready to end your marriage, you want an experienced and compassionate legal team to guide you through the process. Call the Law Office of Joseph Cerino for a consultation on your case.