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Miami Divorce Law Blog

How do I protect my kids while going through divorce?

When a marriage goes south and the possibility of a divorce becomes more likely, one of the most pressing concerns for divorcing parents is that their children's lives will be negatively affected. While human nature tends to embrace comfort, there are times when a change is necessary and is, ultimately, for the better for all parties involved. After all, children living in an unhealthy, unhappy and potentially toxic relationship with two sparring parents is not in their best interests.

While going through a divorce and immediately following a divorce, there are several things that should be kept in mind to minimize the impact a divorce has on children. It is important not to treat your children as the intermediary between parents. This can only increase stress on a child, who has enough of their own stress to worry about. Maintaining communication should still be done between spouses, and with current technologies can be done easily via phone calls, texts or email.

Factors you should consider before signing a prenup

As you are preparing for your wedding, you may be wondering if it is a good idea for you and your partner to sign a prenuptial contract. Although you both have great jobs, sizable savings and other assets, you may debate the value in signing an agreement because you do not intend to divorce.

Prenuptial agreements can provide financial protection and security in the event of a separation. But they can also create complications if they are not done properly. Once executed, prenuptial contracts are legally binding. Learn about some of the disadvantages they present so you can decide if having one is right for you.

What courts look for in determining child custody

In the process of a divorce, one of the more complicated and important decisions to be made is regarding child custody. It is not uncommon for parents to have very different opinions regarding child custody decisions, which could lead to heated discussions and difficulties in coming up with a mutually agreeable solution.

When you are in the process of a divorce with children involved from the marriage, it is important to first understand the different types of child custody that may be awarded. In most cases, one parent, generally the primary caretaker, will receive physical custody of the child, while the non-custodial parent will be granted visitation rights, which will also be established by the courts.

How is property division established?

In the United States, there are two types of property division that are used by the courts in the event of a divorce. 10 states use what is called "community property," where all marital property is considered community property and is split evenly. A majority of states have what is called "equitable division."

Equitable division allows a judge to look at each individual case and make a determination on how the property will be split, which may not necessarily be even. In order to make this ruling, the courts need to understand what is deemed community property versus non-community property.

What can Miami residents use child support payments for?

Contrary to popular belief, child support payments in the United States cover more than just the basic necessities of food and shelter. In fact, a general rule of thumb is that anything that can be used to enhance or improve a child's upbringing and growth likely can be paid for from child support payments.

A child's medical expenses, including but not limited to insurance costs, co-pays or deductibles for hospital visits or specialists' surcharges, as well as prescriptions, over-the-counter drugs and medical accessories or equipment, and costs associated with eye or dental care are also covered.

Hollywood superstars Ben Affleck and Jennifer Garner to divorce

Two years after separating, even with speculation that they could be reconciling and giving marriage another shot, Hollywood couple Ben Affleck and Jennifer Garner are getting a divorce. They each sent out their court papers on April 13.

Unlike many celebrity marriages that end quickly and often very messy, it appears that Affleck and Garner took their time to hash out many of the specifics in an effort to get things right. This includes making their high asset and property division decisions mutually, and even agreeing to joint legal and physical custody for their three children, aged 11, 8 and 4. This should make the transition far easier for the children, who will be less affected by the divorce during their joint custody decision.

An alternative to co-parenting

Children need strong relationships with both parents. Following a divorce, co-parenting is ideal to give children healthy bonds with their mom and dad, even though they are not living together any longer. Most parents can learn better communication skills to co-parent, but in a high-conflict divorce, co-parenting may not work. In these cases, the alternative is parallel parenting. 

In co-parenting, parents work together to parent their child. Each person supports the relationship of the child with the other parent. Both parents cooperate and communicate to share information and make decisions for the child. Instead of making the child fit the parenting schedule, the parenting schedule fits the child. Even though parents may disagree about some things, they are still willing to collaborate to find the best possible solutions for the child. 

Actor David Schwimmer is separating from his wife

Many people know actor David Schwimmer from the popular show "Friends," which has been airing on television since the 1990's. He and Zoe Buckman, a photographer, have been married for six years and have a child together.

The couple has mostly kept their relationship private. They met in 2007 and got married in a private ceremony in 2010. It was recently revealed, however, that the relationship has not been entirely healthy, and the couple has agreed to take some time apart in an effort to reflect on their relationship and make a decision down the road concerning their marriage and their child. This appears to be a mutual decision.

What alimony is and when it is awarded

Alimony is traditionally thought of as a major bone of contention for divorcing couples. Although it is not awarded as often as many people think, it is still a thing, and Florida couples may find that alimony is an issue in their divorce. This blog post will provide some basic information about alimony, what it is and how it is awarded. More in-depth questions can be addressed by a family law attorney.

Alimony consists of support payments paid by one spouse to the other as part of a divorce decree. The point of alimony is to ameliorate any unfair financial effects of a divorce through payments to a spouse with a lower level of income from the spouse with a higher level of income. Historically, husbands often paid alimony to their former wives; these days, a wife could instead be ordered to pay alimony to her former husband depending on the circumstances.

What are some advantages of prenuptial agreements?

Marriages are usually thought of as romantic and emotional relationships, and that is no doubt a correct way of looking at them. But marriages are also economic and maybe even business relationships where both parties make sacrifices to benefit the couple and family as a unit. The economic nature of a marriage may have a greater or lesser degree of importance depending on the people involved and what stage of live they are at.

Many Miami-Dade County couples choose to emphasize the importance of the economic aspect of their relationship by forming prenuptial agreements before marrying. Prenups have a reputation for not being very romantic, and some think of them as making divorce a foregone conclusion. But prenups also have many benefits. Some couples may choose to take advantage of these benefits; others may choose not to do so. Still, it is worth reviewing some of the advantages of prenuptial agreements.

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