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When to File for Divorce: Fourth Quarter or After January 1?

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Deciding whether to finalize your divorce before year-end or wait until January depends on taxes, property considerations, and personal timing. Filing before December 31st may change your tax status to “single” for the entire year, potentially increasing your tax bill. Waiting until after the new year can preserve certain tax and capital gains benefits. However, for some, ending the year with closure provides valuable emotional relief. Always consult both your family law attorney and your accountant before making the final call.

Tax Implications of Year-End Divorces

One of the most significant considerations in a divorce is your tax filing status. The IRS determines your marital status based on your situation as of December 31st. If your divorce is finalized by that date, even if it is on New Year’s Eve, you will be considered single for the entire tax year.

This can affect your bottom line. Many couples benefit from the lower “married filing jointly” tax rate. By finalizing your divorce before year-end, you could lose that advantage and end up owing more when you file your taxes.

If you are already in the fourth quarter of the year and don’t urgently need to finalize your divorce this year, it is wise to consult your accountant. They can help determine whether finalizing now or waiting until after the new year provides a better financial outcome.

Capital Gains and Property Considerations

If you and your spouse own a home, capital gains taxes can also be an issue. Married couples who sell their primary residence together may exclude up to $500,000 in profit from capital gains taxes. After the divorce is final, that exclusion typically drops to $250,000 per person.

This difference can significantly affect how much you owe after the sale. For that reason, coordinating the timing of both your divorce and the sale of your home must be considered. It may make sense to delay finalizing your divorce until after the home is sold or to wait until January to enter your final judgment.

Timing and the Likelihood of Finalization

From a practical standpoint, divorces filed late in the year typically will not wrap up before December 31st, especially if it is a contested divorce. Courts are busy during the fourth quarter, and unless you are both in full agreement, your case probably will not be finalized before the new year.

For uncontested divorces, resolution by year-end is possible, sometimes within 30 days if both sides cooperate. Still, even in straightforward cases, it is worth taking time to plan strategically before making your final decisions.

The Psychological Factor

Beyond financial considerations, there is also an emotional element. Many people find comfort in starting the new year with a clean slate, feeling that they have closed one chapter and can begin another.

If that resonates with you, consider finalizing your divorce paperwork this year but waiting to enter the final judgment until after January 1st. This approach allows you to begin the year ready to move forward without losing important tax benefits.

The Bottom Line- Consult the Professionals

Instead of rushing to complete your divorce before year-end, you should take time to consult with both your family law attorney and your accountant. The right timing can make a significant difference in your financial outcome and peace of mind. Careful planning can set you up for a smoother, more stable start to the next chapter of your life.

Frequently Asked Questions

1. Does it really matter if I file for divorce before or after the new year?

Yes. Your marital status as of December 31st determines your tax filing status for that year. Filing before the new year may change your tax bracket and deductions.

2. What if my spouse and I agree on everything, can we still finish before year-end?

Possibly. If your divorce is uncontested and paperwork is complete, some divorces can be finalized within 30 days. But timing still depends on the court’s schedule.

3. Can waiting until after the new year save me money?

In many cases, yes. Waiting can preserve the “married filing jointly” tax benefit and maximize your home sale capital gains exclusion.

Child Support Essentials: Understanding Your Rights and Responsibilities

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There is an inherent irony in the public perception of child support.

On the one hand, payors (those who have to pay child support to the other parent) sometimes loathe paying child support. Many may see it as a sort of tax, or as “hidden alimony,” or even worse, a way for the other parent to pull money out of the payor parent.

On the other hand, nobody would argue with the fact that children need and deserve to be financially supported by both parents, that raising children is not an inexpensive thing to do, and most parents generally have a desire to support their kids. In fact, words like “deadbeat” and “irresponsible” are often thrown around at those who do not pay what is seen as a fair share of support.

Much of the (more extreme) beliefs on both sides comes from a fundamental misunderstanding about child support, and about the rights and responsibilities of both parents.

Your Responsibility to Manage the Money

Child Expenses

While it may be hard to grasp, given that the child support money is being paid to the other parent, child support is not actually a payment to the other parent, even if it physically goes to him or her—it’s money for the children. 

Think of the parent receiving the child support as a trustee—someone who receives child support, but who distributes and manages it, to offset the expenses related to raising or housing the children.

The Right to Know How the Support Money is Being Used

If you’re the payor parent, you cannot use how child support is being used or not used by the receiving parent as an excuse to not pay the ordered child support amount.

Admittedly, there is no oversight mechanism—nobody audits how the receiving parent uses child support, or verifies that every dollar of child support is used towards the children’s expenses. The receiving parent has no responsibility to show anybody how the support dollars were used. 

The law just assumes that any parent who has the majority of timesharing with the children will have expenses related to those children, and assumes that the child support money, directly or indirectly, is going to help pay for or offset expenses related to the children.

The Right to See the Children 

Many parents believe that if the other parent does not abide by the time-sharing obligations, as set forth in a judgment or mediated time-sharing settlement agreement or in a parenting plan, they do not have to pay child support.

This is not true; child support is not a weapon that can be withheld to coerce the other parent into giving you time-sharing. If you do feel the other parent is depriving you of court-ordered or agreed-upon time-sharing, you can go to court to enforce your right to see the children—but you cannot just unilaterally withhold child support, or use it as punishment to get back at a parent who is preventing you from seeing the children.

The Right to Adequate Child Support

Many parents, when they think of child support, think of how much the children cost or how much the receiving parent will or does need to house, clothe, feed, and take care of the children.

But that’s only part of the equation. Often, children may need more than parents can financially give. That’s why child support is based on a legal formula. Essentially, the Florida legislature has already determined how much in total support children may need. That amount varies based on the combined income of the parents.

There is room for extra payments outside of the base child support—for example, having a parent pay for half, or even all, of medical expenses, or extra curricular activities, tutoring, or counseling, just to name some categories.

So, while you may be the parent with a right to receive child support from the other parent, the amount of that payment is largely predetermined, and based on both parents’ income, as much as it is based on how much your particular children need in your particular lifestyle.

You Have the Right to Agree on the Support Amount (Within Reason)

In divorce cases, you and the other spouse have a right to agree on almost anything that you want to agree on—one benefit of going to a mediation conference or using a collaborative divorce process.

However, when it comes to child support, although you and the other parent can agree on a lower or higher amount, ultimately, it is the judge’s decision to approve the child support. Many judges may be wary of approving agreements that short-charge the children, with a child support obligation that’s less than what the child support formula says it should be.

The Right to Support, Even if You are Not Married

Child support cares about who the biological parents of the children are—it does not care about marriage. 

That means that even if you were never married to the other parent, you can still receive child support.These are called paternity actions. In some cases, the father may admit paternity, and the only issues are child support and time-sharing. In other cases, the father may dispute that he is the parent, and that must be determined before child support and time-sharing are determined by the court.

The Right to Modification of Support

If circumstances change over time, you may have the right to alter your child support payment amount.

Often, a parent may make much more, or much less, money than he or she did when the original obligation was set or agreed to. Or a parent’s lifestyle or life circumstances may change. 

Parents can ask a court to alter their child support modification—but do not just start paying more, or less (or nothing at all) on your own. Even if a modification is warranted, you still need a court’s permission to change the support amount.

His offices are located at 2431 Aloma Ave. #124, Winter Park, FL. 32792 and 3270 Suntree Blvd. Suite 103G, Melbourne, FL. 32940

Contact us for help and to get information on what you can expect in your divorce or paternity case. 

And if you found this article helpful, please leave us a review HERE.  

Divorce and Making a Smooth Back-to-School Transition

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Going back to school after a divorce is stressful for both parents and kids, but preparation, communication, and consistency help. It is important to plan for new school year by reintroducing routines even before school starts, making the most of your summer parenting time, keeping schools informed if needed, and having consistent schedules across households. Remember this transition is hardest for your children.

Back to School and Co-parenting

The shift from summer break to going back to school is tough for any family, but when parents are in the middle of a divorce, or adjusting after one, it can feel even more difficult. With kids bouncing between households, new schedules to manage, and emotions running high, creating a smooth transition is key. Here are some strategies to help make back-to-school easier for both children and parents going through divorce:

Start Preparing Before School Begins

Summer often means late nights, fun routines, and relaxed schedules. A sudden shift back into school mode can be jarring, especially for children that are splitting time between two homes. A helpful approach is to begin reintroducing the idea of school at least a week before classes start. This can include shopping for supplies, attending school orientations, and resetting bedtime routines.

If one parent has most of the school-year parenting time, it may make sense for the child to spend that final week before school with them. This helps children settle into the household where they will spend most school nights, making the transition smoother.

Make the Most of Your Summer Parenting Time

For parents who don’t have majority time during the school year, summer is a valuable opportunity. It often comes with more parenting time and less rigid schedules. Use this period to build memories and connection, so when the school year begins and schedules tighten, you will feel you made the most of your time together.

Communicating with the School When Necessary

Should the school know about your divorce? It depends. In many cases, schools don’t need detailed information. However, giving your child’s teacher or school counselor a heads-up can be helpful. They may notice changes in behavior at school that you don’t see at home. More importantly, if there are issues such as changes in pickup and drop-off rights or safety concerns, the school should be informed right away.

Try to Have Consistent Routines in Both Homes

Consistency is one of the best ways to support kids during times of change. Children thrive when they know what to expect, whether it’s bedtimes, homework schedules, or school-day morning rituals. Divorce already disrupts stability, so keeping routines as steady as possible will help your kids feel secure.

Shared parenting apps such as Our Family Wizard or Talking Parents can help manage schedules and reduce miscommunication. For kids, something as simple as a shared paper calendar in both homes can also make a big difference, they can check it themselves and know where they will be on any given day.

Remember Back to School is Harder on the Kids

While parents will feel the strain of adjusting to new schedules, it is important to remember that your children feel the impact even more deeply. They are shifting households, finding new routines, and dealing with the emotional weight of your separation. By keeping this perspective, you can approach transitions with empathy and patience, making the back-to-school season less stressful for everyone.

His offices are located at 2431 Aloma Ave. #124, Winter Park, FL. 32792 and 3270 Suntree Blvd. Suite 103G, Melbourne, FL. 32940

You may contact Anthony Diaz by calling 407-212-7807 or by email An*****@************aw.com or visit www.AnthonyDiazLaw.com.

And if you found this article helpful, please leave us a review HERE.  

Understanding the Dissolution of Marriage Process: Key Insights for a Smooth Transition

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Have you ever gone through an experience in life, and thought back and wished that you had known things or had more information from the start? We have all had that thought of “if I knew then what I knew now…” Well, divorce is no different, and there are some insights and observations that can help you understand the divorce process now, even if your divorce case has not officially started.

Resolve as Much as You Can, as Early as You Can

Resolve as Much as You Can, as Early as You Can

Certainly, divorce is emotional and stressful, and in many cases, if you could just get along with your spouse, you may not be getting divorced in the first place. So, urging you to try to agree on as many issues as possible before your case even starts may seem like a difficult task.

Of course, every couple is different; some may be able to sit down and work issues out together, and others may not. However, one thing that many people who go through long, contentious divorces often wish for when looking back is that they would have tried a little harder to resolve as many matters in the divorce case as possible earlier, even before the case began.

Even resolving one issue—property division, time sharing, who will get the marital home, or any single issue—can go a long way to making your divorce case easier and more cost-effective.

Mediation Can Help

Similar to the advice above, try to get to mediation as early as possible in the divorce process. You may find that many issues that seemed impossible to resolve get resolved at mediation. And you may find that more issues than you even thought could get resolved will get resolved at mediation.

One good thing about mediation is that you can resolve all of the issues in your divorce case from the very beginning, making the actual divorce case a simple matter of paperwork and getting a judge’s approval. But even if you only resolve some of the issues in your case at mediation, you still have now cut down the number of things to fight about, and thus cut down on the time and expense of your divorce case.

The Judge Cares But Does Not Know You

You could forget mediation or resolving anything amicably, and just take your divorce case all the way to trial. 

Many people do that, believing that the judge will “see that I’m right.” But while judges do the best jobs that they can, they have a lot of cases, and don’t know your life the way you know your life. Judges have to care about all sides and make the right legal decisions, and those decisions may not necessarily be what you want to happen in your life, post-divorce. 

It is always best to try to take your destiny in your own hands by resolving the case before a full-blown (and costly) trial becomes necessary. 

Consider Collaborative Divorce

Many couples do not consider collaborative divorce—in fact, many people don’t know what it is. 

Collaborative divorce is a great hybrid of fighting for what’s right, while at the same time, working in a collaborative nature with your spouse, to get the case resolved.

Collaborative divorce is where both sides have their own attorneys, like normal, but the attorneys are committed to trying to resolve the case. They will represent their clients, but will also work with the other spouse to see if there is some middle ground where contentious issues can be resolved. Attorneys who do collaborative divorce must be specially trained in it, and these attorneys know how to get parties to the table to try to resolve matters in the case.

Life While the Case is Going On

If you can resolve most or all of the issues in your case, great—your divorce will be quicker, easier, and less costly. But if you can’t, you should start to consider how to set up your new life while the case goes on.

Unfortunately, the time it takes for your divorce case to resolve is not always up to your lawyer. The other side, how much they will fight, the judge’s hearing and trial schedules, and other factors out of your control will often dictate how long it takes for a case to resolve.

While it is going on, you may need to establish a temporary agreement—temporary time sharing, temporary alimony, or who will use the marital home. Many people fail to consider these factors, and as a result, they often feel “in limbo” while their divorce case is being litigated in court.

Remember as well that certain things in your life may have to be put on hold while the divorce case is pending. For example, if you were thinking of selling your home or business, or moving to a different city, all of these things may have to wait until the divorce case is finalized (which is yet another incentive to mediate or engage in collaborative divorce; concluding the case amicably and quickly allows you to move on with these things in your life).

Take Care of Yourself

Your divorce case will require you to make some important decisions, many of which will impact you for years to come. You need to be in the best mental state you can, in order to make the best decisions that you can.

Getting help for yourself and taking care of yourself while the case is going on can be the most important thing that you do in your divorce case. You simply cannot go to mediation or have a settlement conference when you are frustrated, angry, hostile, or anxious. 

Find the help you need, whether that is through mental health professionals, friends, or family, and don’t be afraid to have fun in your own life and accept the feelings that you have about your divorce.

His offices are located at 2431 Aloma Ave. #124, Winter Park, FL. 32792 and 3270 Suntree Blvd. Suite 103G, Melbourne, FL. 32940

You may contact Anthony Diaz by calling 407-212-7807 or by email An*****@************aw.com or visit www.AnthonyDiazLaw.com.

And if you found this article helpful, please leave us a review HERE.  

5 Reasons to Have a Divorce Lawyer On Your Side

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Trying to handle a divorce without a lawyer to save money can actually make a divorce more expensive because of costly, long-term mistakes. A divorce attorney helps you understand your rights, avoid unfair agreements, and secure a solid legal foundation for your future. Even in amicable cases, this legal guidance will ensure that your interests are protected and reduce the risk of future disputes.

Many people think they can save money by handling their divorce themselves, but the truth is, not having a lawyer can often cost you much more in the long run. Here are 5 key reasons that hiring a divorce attorney will be one of the smartest investments you can make:

1)   Avoid Costly Mistakes

One of the biggest risks of going through divorce without legal guidance is signing an agreement that you don’t fully understand. Once an agreement is approved by the court, it is nearly impossible to undo unless both parties agree to changes. People often realize that they gave up rights or overlooked important issues, leaving them “stuck” with an unfair outcome. Having a lawyer will help you to understand the consequences of what you agree to before it’s too late.

5 Reasons to have a Divorce Lawyer

2)   Knowing What You’re Entitled to in the Divorce

Divorce law is complex, and without legal training, it is easy to miss what you are legally entitled to receive as part of the divorce settlement. Whether it’s property division, spousal support, or other financial considerations, an attorney will explain the law and help you determine whether an agreement is truly in your best interest. Even if you decide to waive certain rights, it is important to understand the long-term impact of those decisions. A lawyer will make sure that you don’t unknowingly give up something valuable.

3)   Saving Money in the Long Run

It may seem less expensive to avoid hiring an attorney, but that can mean that you are “penny wise and a pound foolish.” If you make a mistake in your divorce agreement, fixing it later through the courts is usually far more expensive and stressful than simply doing it right the first time with an attorney’s help. Beyond financial costs, the peace of mind that comes from knowing your divorce was handled properly is invaluable.

4)   Legal Support in Mediation

Even in mediation or an uncontested divorce, it is wise to have a lawyer review the final agreement before signing. Mediation can help couples resolve matters amicably, but mediators cannot give legal advice. A quick consultation with an attorney can ensure the agreement covers all the bases and protects your interests. This small step can prevent costly disputes down the road.

5)   Preventing Future Court Battles

A poorly handled divorce can lead to years of ongoing disputes, attempts to “fix” unfair agreements, and repeated trips back to court. That cycle can be financially draining and emotionally exhausting. By working with a lawyer from the start, you give yourself the best chance of reaching a solid agreement that stands the test of time, saving yourself money, stress, and ongoing conflict.

Looking Beyond Divorce

Keep in mind that divorce is not just about ending a marriage, it is about securing your financial future, protecting your rights, and setting the stage for a stable next chapter in life. Having a lawyer on your side can mean that you avoid pitfalls, understand your options, and achieve a fair resolution. In the end, hiring an attorney isn’t just about legal paperwork, it is about peace of mind.

His offices are located at 2431 Aloma Ave. #124, Winter Park, FL. 32792 and 3270 Suntree Blvd. Suite 103G, Melbourne, FL. 32940

You may contact Anthony Diaz by calling 407-212-7807 or by email An*****@************aw.com or visit www.AnthonyDiazLaw.com.

And if you found this article helpful, please leave us a review HERE.  

Dissolution of Marriage: Legal Steps to a New Chapter in Life

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While divorce can be stressful, sad, and even sometimes devastating, there is no doubt that it is a gateway to a new life and the chance to start over again. For many people, looking ahead, they see a better future, and one with more freedom and hope.

Divorce

But divorce does not just happen—it is a process. It is a process that can happen relatively quickly, but it does not happen at all unless the correct legal steps are taken.

There is no one step-by-step guide that works for everybody; every situation is different, and may vary depending on assets, the length of the marriage, whether there are children, and, of course, how amicable the spouses are and how willing they are to come to some resolution to get the divorce behind them.

With that in mind, it is worth going over the legal steps to get a divorce that generally apply to most couples.

Before the Divorce Case is Filed

The first legal step is one that happens before the divorce itself is filed. It has to do with getting your affairs in order and being ready for what is to come.

If you suspect that you may be the one moving out of the marital home, you want to make sure that you have all your paperwork and sensitive documents, and the items that you need to live, not to mention somewhere to live, lined up. If you have minor children, you want to make sure that wherever you will be living has space for the children to be with you, as well, if possible.

When your divorce case is actually filed, you can ask the court to determine who will live in the home while the divorce case is going on, but it is best to be prepared for all scenarios, just in case.

Getting Documents Together 

Your divorce will require disclosure of your finances and financial paperwork. Some may be easy, like bank account statements that can be found online, but higher net worth individuals who may have assets in various kinds of financial vehicles, or who may be self-employed or who may have a business, may need some time to gather the documents and information.

You will also need to fill out a financial disclosure affidavit, which is a complete form listing your income, assets, debts, and liabilities. That must be exchanged between the parties before even a negotiated or mediated settlement can be entered into.

Trying to Resolve Things

It is almost certain that at some point, you will have to attend a mediation to try to resolve the issues in your divorce case. 

You can try to do this before the divorce is even filed (you will still need to fill out your financial documents and provide your financial information to your spouse). If you can resolve the case at mediation, you can file the divorce as an uncontested divorce, with the divorce agreement in hand. That means that your divorce will be much quicker, cheaper, and with almost no stress; divorce merely becomes a matter of paperwork at that point.  

Parenting Plans and Kids

Whether you do it before the case is filed or after the divorce is filed, you will also have to agree on a parenting plan with the other spouse if you have minor children of the marriage. 

You don’t have to agree on one, but if you can’t, the issues in the timesharing or parenting plan will be determined by a judge at your divorce trial—not something that is ideal.

The parenting plan contains all the details about how you will co-parent with your spouse. Everything from timesharing to extracurricular activities to vacation time and anything you can think of related to raising the children must either be agreed to in the parenting plan or ordered by the judge later on.

Temporary Support 

Sometimes, the court will need to make temporary decisions while the divorce case is pending, which is often done at the start of the divorce case. For example, who will live in the marital home? What will the timesharing/custody schedule be? Will there be alimony or attorneys’ fees awarded while the case is pending?

These are temporary and may ultimately be modified at the conclusion of the case, but these temporary matters will set some guidelines as to what will happen while the divorce case is going on. If it looks like the case has a lot of contested issues, that will take a while to resolve.

Child Support Determinations

To some extent, you and your spouse can agree on a reasonable child support obligation, but unlike other issues in your divorce, the judge has the final say on what child support must be. Florida law has a formula based on the incomes of both parents and the time that each parent will have with the child. 

While you can argue about and negotiate income figures that will be used in the formula, the child support formula is a mathematical formula dictated by Florida law, which cannot be altered absent special circumstances.

When Things Get Contested and Contentious

If this all seems relatively straightforward, that is because it is—if you and your spouse are generally on the same page, and willing to work out contested issues through mediation or negotiation.

Things get more complex when issues cannot be resolved or worked out. As the divorce case goes on, there may be depositions of both spouses, as well as of third parties that have relevant information. Experts, including guardians ad litem for the children, may have to be hired, as may financial professionals to comb through complex financial records.

The End of the Case

The end of the legal steps to divorce will either end with the court ratifying your negotiated settlement or mediated agreement, or the court conducting a full-blown, drawn-out trial, if the issues cannot be resolved. Either way, you will then have your official dissolution of marriage, and you can get on with the business of starting your new post-divorce life going forward. 

His offices are located at 2431 Aloma Ave. #124, Winter Park, FL. 32792 and 3270 Suntree Blvd. Suite 103G, Melbourne, FL. 32940

You may contact Anthony Diaz by calling 407-212-7807 or by email An*****@************aw.com or visit www.AnthonyDiazLaw.com.

And if you found this article helpful, please leave us a review HERE.