Planning for Divorce? Make Sure You've Considered All of The Issues

February 16, 2011

The decision to get divorced is a major one, but in some ways, the decision is the easy part. After the decision comes the division of two intertwined lives, which is challenging even in the best of circumstances. When considering divorce, it's important to consider the significant ways in which your life will change.

Where will your children live?

Although Florida once heavily favored mothers as primary caregivers, these practices are gradually changing and laws increasingly recognize the roles that both parents play in a child's upbringing. Rather than offering "primary residential custody" and "visitation time," parents now create a parenting plan outlining how they will divide the time of children they share, and who will be responsible for making major decisions.

When crafting a parenting plan, it is important to ensure that you have truly considered all of the relevant issues. Which holidays are most important to you? Will your children have commitments that might interfere with an established plan? What happens if your child wants to spend more time with one parent, or attend a particular school?

Will you be responsible for making child support payments?

In Florida, child support payments are based upon state-established guidelines, which consider the amount of time a child spends with each parent (and the number of "overnights"), the financial resources of each parent and the number of children.

However, there are other factors that can be considered when determining child support payments and in some cases the court may deviate from the established guidelines.

Will your divorce involve alimony payments?

Divorce is often financially stressful, but this can be particularly true in cases where one spouse has been the primary breadwinner. The spouse who has more limited income may have difficulty immediately transitioning to financial independence.

Under Florida law, a separating spouse may be eligible to receive or required to pay one or more forms of alimony.

- Bridge-the-gap alimony provides payments for a limited amount of time (no more than two years), to address short-term needs while transitioning from being married to being divorced.
- Rehabilitative alimony may be available when one spouse needs financial assistance to acquire further training that will lead to self-sufficiency.
- Durational alimony provides financial support for a pre-determined period of time, and is generally available when marriages lasted a short or moderate amount of time.
- Permanent alimony is generally only available in long-term marriages, though may be available for shorter durations depending upon particular factors.

A family law attorney can help you understand the differences between these forms of alimony, and the situations where each may be available.

How will your marital assets and debts be divided?

Florida requires the equitable division of marital assets and debts, but this is rarely a matter of simply splitting a single bank account into two. Equitable is not the same as equal and some things cannot be simply divided.

For example, what happens when neither spouse wants to be saddled with the mortgage? If the house cannot be sold at a reasonable price in a timely manner, who will be responsible for making ongoing mortgage payments? If one spouse has built a business during the marriage, can the assets be divided without selling the company?

These are just a few of the issues that might come up surrounding the equitable division of property; in any divorce involving significant assets, the issues are likely to be complex.

A family law attorney can help

No amount of advanced preparation will make a divorce simple, but understanding the major challenges from the outset can help give you a sense of control and an understanding of what is to come. With so many things to consider, it is helpful to have advice and guidance from someone who has worked through the process before. Speak with a knowledgeable divorce lawyer who can help you consider all the situations you might encounter, and the ways you can reduce the risks of future conflicts.

Article provided by Tamara K. Holden PA
Visit us at www.floridadivorcelawyer4u.com