• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Add A Testimonial
  • Testimonial List (Admin)
The Law Firm of Anthony Diaz

The Law Firm of Anthony Diaz

(407) 204-9069
Listen to the Divorce Hour

  • About Us
  • Divorce Services
    • Your Divorce Options
    • Collaborative Divorce
    • Uncontested Divorce
    • Mediation
    • Arbitration
  • Family Law Services
    • Dissolution of Marriage
    • Child Support
    • Custody/Time Sharing
    • Post Resolution Modification
    • Pre and Post-Nuptial Agreements
    • Paternity
    • Limited Scope Representation
  • Blog
    • Blog
    • In The News
  • Resources
    • Recommended Resources
    • Divorce Hour Interviews
  • Contact Us

Anthony Diaz

Parental Rights and Responsibilities in Florida

November 10, 2022 By Anthony Diaz

When people get divorced, they often worry that they will no longer have any parental rights if a custody battle does not turn out their way. They fear that if the other spouse ends up with the majority of time-sharing, they will be left out in the cold, unable to raise their own child or make the decisions that they should be able to make as a parent.

Time-sharing is Not Custody

The good news is that you have rights as a parent that can never be taken away from you absent you doing something truly something horrible making you patently unfit to parent, which would result in a dependency proceeding from the state—but that is entirely different than the time-sharing decisions that happen in a family law case.

No matter what schedule is decided on by you and your ex-spouse, and no matter what a judge may decide when it comes to time-sharing, your parental rights are almost never terminated. In fact, parents have a constitutional right to raise their kids and make decisions for them.

Parental Rights

Your rights as a parent will often be spelled out in a parenting plan. A parenting plan is a form put out by the Florida Supreme Court, which details what each parent will be responsible for when it comes to making decisions in the child’s life. In every custody case, whether the parties resolve amicably, or whether a result of a contested divorce and custody case, a parenting plan must be completed by the parties.

In some cases, the parent with time-sharing with the child will have the legal ability and right to make decisions for the child, when the child is with them. But other times, and for other matters, it does not matter which parent the child is physically residing with or whose house the child is physically at—the parent’s legal right to be part of their children’s lives, carries on.

For example, for extracurricular activities for the child, the law (and thus the parenting plan) may allow any parent to register the child, even without the consent of the other. However, for more major decisions, like the decision to get medical care, or participate in a given religion, consent for both parents may be necessary, regardless of where the child is physically located.

Terminating Your Rights

You may wonder whether your rights as a parent can be terminated, even if the court finds that you abuse drugs or alcohol, you have a criminal record, you received a DUI, or that there is something else in your background that you worry the court will look at, and find you unfit to parent.

Although these are all very serious things that a court will look at and consider, and although they may all affect your ability to have time with your child, rarely will they ever completely terminate your rights as a parent. Rather, when factors like these occur in a family law case, the court may order limited visitation, or supervised visitation, at least for a certain period of time. The family law/divorce court will almost never be able to just take away your rights as a parent, or your ability to meaningfully participate in your child’s life.

What About Responsibilities?

Like all things in life, your rights come with some responsibilities. But courts are often hesitant to detail responsibilities because of your constitutional right to raise your child as you see fit.

Certainly, the law requires the basic care that you would imagine a child has a right to expect from a parent. For example, the right to a safe environment, to a parent who protects the child, the right to food, the right to be educated, and the right to medical care may all be considered things that are parental responsibilities.

To see that you are or can provide these things, a court will often look at your lifestyle and see if it is one that is conducive to the child’s well-being, safety, and health. The court (and likely, your ex-spouse, in a contested custody case) may raise issues as to where you live, where the child will sleep, what your lifestyle is, any bad habits that you may have, whether you can adequately manage the child’s educational needs and whether you are able to be involved in your child’s life.

But outside of those kinds of basic requirements, your responsibilities as a parent will largely be dictated by your marital settlement agreement (or by the court, if your case does not settle). Again, Florida’s parenting plan will list basic responsibilities that both parties must follow.

For example, the law doe not require that you raise your child in an orthodox Jewish household, that you take him to football practice, or that he be fed only a vegetarian diet. These are parental decisions, up to you as a parent. However, if you and your spouse have agreed as part of a divorce agreement that any of these (or things like these) must be followed, then you do have a parental responsibility to comply with these requirements.

Getting Along With the Other Parent

One responsibility that all parents have, in every custody case, is the responsibility to get along with each other and work cooperatively, at least enough to make life easier for the child. You do not have to like your ex-spouse (although that helps), but constant fighting, belittling the other parent, or using the child as a “weapon” against the other parent will almost always be seen by the court as a violation of your basic parental responsibilities.

Abiding by Your Responsibilities

Often, parents will agree to things in mediation, or as part of a marital settlement agreement when it comes to kids, with the thought that they will eventually just ignore the requirements, and raise the child however they want, when the child is in their care or custody. However, doing so is a violation of the agreement (or the court order approving the agreement), and can land a parent in some serious trouble.

Understanding your parental rights and responsibilities can help you work toward a peaceful solution to the issues in your divorce and custody case.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124, Winter Park, FL. 32792 and 3720 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 anthonydiazlaw.com for more information.

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

Filed Under: Child Custody and Support Tagged With: Parental Rights

Can I Change My Mind After Signing Divorce Papers? 

October 20, 2022 By Anthony Diaz

It is generally understood that it is better to settle your divorce case than take it to trial. When you settle your case, either on your own or through the process of mediation, you are taking matters into your own hands. Through negotiation or mediation, you can decide what you and your (soon-to-be-ex) spouse will live by and be bound by instead of leaving those decisions up to a judge.

How Do Family Law Cases Settle?

Divorce cases can resolve when parties to the divorce agree to a marital settlement agreement or by going to mediation. The good news is that if you and your spouse can agree to all terms and you sign an agreement, or if your case does settle at mediation, your case will be over and done, and you can move on with your life post-divorce.

Changing Your Mind After Settling

Imagine that your attorney has helped you draft and agree with your spouse to a marital settlement agreement. Or, you go to mediation and come to some resolution of the issues in your divorce.

But then there is a problem: Shortly after the mediation, or after you have agreed to some kind of divorce settlement, you change your mind about what was agreed to in the settlement agreement.

As a general rule, it is never a good idea to change your mind after terms have been agreed to at mediation or independently. You should always give careful thought about what you agree to, and understand that at mediation or during negotiations, it is totally your choice to settle. You do not have to settle at all, or you can settle some, but not all of the issues in your case.

You should never agree to anything in mediation that you are not comfortable with, do not understand, or cannot abide by. Never agree to something you do not want to.

Why People Change Their Mind

That said, it does happen that problems arise after an agreement is reached between the parties to a divorce.

Sometimes, after you have agreed on the terms of your divorce at mediation or through negotiation, new information may make you change your mind about what you have agreed upon. Perhaps at mediation, facts, finances, or other information was not all known to you or was different than what you anticipated.

Other times, you may simply get “cold feet,” or after some reflective time, you may realize that you are not comfortable with what you agreed to. Remember that this is normal and is not, by itself, a reason to overturn a mediation agreement or marital settlement agreement. If you do have doubts or regrets about what you agreed to, the first step should be to speak with your family law lawyer. They can talk through the situation with you and help you realize that your settlement agreement is a good thing that works in your favor.

Can You Change Your Mind?

If you still cannot abide by or agree to the terms of the mediation or your settlement agreement, the next question is whether the mediation agreement can be overturned. This largely depends on whether all the terms and conditions of the agreement were included and whether they were agreed to and signed by the parties.

As a general rule, you cannot overturn anything you previously agreed to, or change your mind after you have signed a marital settlement agreement. Your marital settlement agreement, whether signed at mediation or independently through negotiation between the parties, is a legal, valid, and binding contract that both sides must follow.

Exceptions

However, there are some exceptions that may allow you some room to argue that you should not be bound by the agreement that you signed. These must be brought to the court’s attention before it approves the settlement agreement.

One exception is whether what was agreed to at your family law mediation was formalized in an agreement. The more formal the agreement is, the less likely it will be that you will be able to change your mind after the mediation.

Often, when the parties agree to the terms of a divorce in mediation, the mediator may have both sides sign an agreement. The agreement may be a complete statement of all the terms and conditions of the entire divorce, or it may be a rough outline, with the intention that the parties will draft a more formal, comprehensive agreement later on. In some cases, only general “bullet points” are agreed to.

Where the parties only have general agreements, agreements “in principle,” verbal agreements, “agreements to agree” later on, or just rough ideas of what they will formalize later, it is a lot easier for you to change your mind after you have agreed on the terms of the divorce.

However, again, when the terms and conditions of mediation have been completely and totally formalized in a comprehensive signed agreement at the mediation, it will be much more difficult for you to change your mind, as the agreement will be seen as a complete binding contractual agreement.

Reasons Matter

Some of your ability to change your mind after agreeing to the terms of your divorce also depend on why you are changing your mind.

For example, if you find that the other side was hiding information, lied about key details, or misled the parties at mediation, or during the course of the parties’ negotiations, that may give you some ground to argue that the agreement should not be enforced or formalized (signed) by the judge, or enforced against the parties.

However, if you just have “cold feet” and regret agreeing to what you agreed to, it is more likely that the court will not allow you to back out of the terms that you agreed to at the mediation.

Partial Agreements

Remember that you are only bound to the terms and conditions that you agreed to. In some cases, you may have only a partial agreement.

So, for example, imagine that you agree on a child custody, time-sharing, or visitation schedule, but not on child support. You would be bound to the time-sharing schedule agreed to, but only to that–not to any other matter, such as child support, which was never agreed to in the partial divorce agreement.

Object Before Court Approval

After you come to an agreement in mediation or on your own through negotiations, the contract (the settlement agreement) will be sent to the judge for signature. This is generally a formality, but it is your last official chance to try to provide reasons why you should not be bound by the mediation agreement and to explain why you want to overturn the terms of the agreement.

As stated above, this is very hard to do. Remember that everything said in mediation or during settlement discussions is confidential, so you will have limited room to explain to the judge what the other side may have said or done during the mediation to support your argument that the mediation agreement should not be enforced.

However, if you do have a valid basis, if you do not raise it here, it will be too late; once the judge signs the mediation or marital settlement agreement that contains all the terms and conditions of the divorce, you are bound by the terms of that agreement.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124, Winter Park, FL. 32792 and 3720 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 anthonydiazlaw.com for more information.

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

Filed Under: Divorce Tagged With: Divorce Papers

Is Legal Separation Right for You?

September 20, 2022 By Anthony Diaz

 Legal separation is when a couple separates their lives while still remaining married. This can be an advantageous option for couples who are unsure about whether they want to get divorced or not. There are several benefits of a legal separation, including:

  • You remain legally married, which means you are still able to receive certain benefits, such as health insurance and social security.
  • You maintain the status quo until you make a final decision about your future.
  • A legal separation can help you and your spouse work on any issues that need to be resolved before getting divorced.
  • If you decide later that you want to get divorced, it will be much easier and less expensive.
  • A legal separation can be helpful for couples who have religious objections to divorce.

Legal Separation in Florida

In Florida, legal separation is not a recognized legal status. This means that there is no specific process or set of procedures that couples can follow to obtain a legal separation. Instead, couples in Florida who wish to live separately must file for a dissolution of marriage.

While some couples may find the lack of legal separation options in Florida frustrating, just as there are benefits to legal separations, there are also several benefits to dissolving your marriage instead.

First, dissolving your marriage allows you to pursue individualized resolutions and arrangements regarding property division, child custody, and support. Second, dissolving your marriage is often less painful, since you only get to do it once, and most likely will not revisit the issue again. Finally, by dissolving your marriage, you end any formerly legally-binding obligations you may have had to your spouse.

What Can Floridians Do if They Want to Get “Legally Separated?”

While legal separation does not exist in Florida, there are a couple of ways to get separated from your spouse. These include:

1. Have a Trial Separation

A trial separation is a period of time during which a married couple separates to determine if they want to stay together. This is often done through an oral agreement. If the couple decides to get back together, they would stop being separated. If they decide to divorce, they would need to file for divorce. A trial separation can also be used as a way to figure out if there is any hope for the relationship or if it is time to move on.

During a trial separation, the couple needs to discuss terms like who will live in the house, how expenses will be divided, and who will take care of the children. If the couple has any shared assets or debts, they need to figure out how those will be divided as well. It is important to have an attorney help with this process in case anything goes wrong.

2. Draft a Separation Agreement

Another way to get separated from your spouse in Florida is to have an attorney draft a separation agreement for you. This agreement will outline the terms of the separation, including who will live where, how assets will be divided, and who will be responsible for what debts.

However, since Florida does not recognize legal separations, a separation agreement is not admissible in court, meaning that it cannot be used as evidence should the couple later decide to go to court for any reason. On the bright side though, this can be beneficial, as it allows both parties to negotiate fairly and without fear of repercussions.

However, most parents who get a separation agreement with the help of an attorney usually stick to its terms as it helps them to avoid costly and time-consuming litigation.

3. Get a Postnuptial Agreement

While not originally created for that purpose, you should know that postnuptial agreements may be used as a form of legal separation in Florida. Basically, a postnuptial agreement is a written agreement between spouses that can be created by spouses after they are married. It sets forth the terms and conditions of what will happen to their property if they divorce or one of them dies. Postnuptial agreements are helpful in ensuring that both spouses are aware of each other’s financial positions and desires should something happen to their marriage. This is to help avoid disputes down the road.

In terms of a separation, a postnuptial agreement can be used to spell out the terms of the spouses’ new roles, such as division of property, support, and custody arrangements. However, it should be noted that it cannot be used to outline terms that are not allowed by state law. For example, a postnup cannot include terms that would waive the right to child support.

A postnup is legal in Florida, and if you would like to create one, you should contact an experienced family law attorney to discuss your options and the best way to proceed.

The Role of Mediation in the Legal Separation Process

When a married couple decides to legally separate, the process can be overwhelming and emotionally draining. There are many decisions that need to be made, including child custody, property division, and alimony. In most cases, the parties will need to have hard, uncomfortable conversations to resolve these disputes. However, there is another option available – mediation.

Mediation is a process where a neutral third party helps the parties reach a settlement agreement. The mediator does not make any decisions for the parties, but instead helps them communicate and negotiate their own agreement. This can be a helpful option for couples who are willing to have a mediator help them come to an agreement with which they are both satisfied.

Speak to a Florida Family Law Attorney

If you are considering a separation from your spouse, or if you are in the process of mediating a separation, it is important to contact an experienced Florida family law attorney.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124, Winter Park, FL. 32792 and 3720 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 anthonydiazlaw.com for more information.

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

Filed Under: Divorce Tagged With: Legal Separation

What is Child Custody and How Does it Work?

August 15, 2022 By Anthony Diaz

In Florida, child custody refers to the legal right of a parent to take physical care of their children. This custody can be termed parental responsibility or time-sharing. Custody arrangements can be made through a court declaration or agreement, but often parents will work out an arrangement themselves. If the parents cannot agree on custody, then the courts will make a determination for them.

What Does Parental Responsibility Mean in Florida?

Child with Parent

Parental responsibility is a legal term that refers to the rights and duties of parents with respect to their children. In Florida, the term “parental responsibility” replaced legal custody in 2003. The change was made to more accurately reflect the role of parents in modern families.

Under Florida law, both parents are responsible for the care and support of their children, regardless of whether they are currently married, seeking a divorce, or living separately. This includes providing for their children’s physical, emotional, and financial needs. Parents are also responsible for making decisions about their children’s welfare, including decisions about education, religion, and medical care.

If parents cannot agree on how to meet their children’s needs, the court will make decisions based on what it believes is in the best interest of the child.

What Does Time-Sharing Mean in Florida?

In 1990, the Florida legislature amended the state’s divorce law to include what is now known as “time-sharing” in place of physical custody and visitation. The amendment was based on a recommendation by the Florida Supreme Court’s Task Force on Gender Bias. The task force found that the terms “custody” and “visitation” were gender-biased because they implied that children belonged to their mothers or fathers. The task force recommended that the term “time-sharing” be used to describe both parents’ right to spend time with their children.

As such “time-sharing” replaced the terms “physical custody” and “visitation.” Time-sharing means that both parents have a legal right to spend time with their child and that the child will live with each parent for a specific period of time. In most cases, the court will order a schedule that gives each parent approximately equal time with the child.

The Best Interests of the Child Standard in Florida

The Best Interests of the Child Standard in Florida is a law that helps to ensure that decisions made about children are done in their best interest. The law requires judges to consider a number of factors when making decisions about a child, including the child’s safety, well-being, and best interests. Judges are also required to consider the wishes of both parents, unless there is evidence that the parent’s wishes do not reflect the child’s best interest.

The Best Interests of the Child Standard is important because it ensures that children are taken into account when decisions are made about them.

How Can You Gain More “Parental Responsibility” Over Your Child?

There are many reasons why a Florida court might grant a parent the request for sole parental responsibility for their child. Some of the most common reasons include:

  • The other parent was never involved in the child’s life;
  • The other parent is abusive;
  • The other parent does not have a safe place for the child;
  • The other partner poses a flight risk with the child;
  • The other partner has psychological or mental problems;
  • The other parent has a substance abuse problem;
  • Any combination of any of the above.

If you would like to have more parental responsibility for your child, you can file a petition with the court requesting sole parental responsibility. The court will consider all of the facts of your case and will make a determination based on what is in the best interests of the child.

If you are granted sole parental responsibility, this means that you will be responsible for making all decisions regarding your child’s welfare. You will also be responsible for providing for your child’s mental and emotional needs.

Are There Exceptions to the “Time-Sharing” Rule in Florida?

Just as with parental responsibility in Florida, there are a few reasons why visitation may be modified in Florida. One such reason is if the other partner has a history of violence or domestic abuse. In order to protect the safety of the victim, the court may decide that it is not safe for the victim to have contact with the abuser.

Another reason why visitation may be modified is if there is a significant difference in parenting styles between the two parents and they cannot come to an agreement on important decisions regarding their child. In this case, if one parent feels that the other is not fit to take care of their child, they may petition the court to stop visitation.

Finally, if one parent moves out of state, they may lose their right to visitation unless special arrangements are made by the court. This is because moving too far away is often seen as non-beneficial for the child or is burdensome for the family.

Can You Create a Customized Parenting Plan in Florida?

Creating a parenting plan for yourself that best suits your needs and schedule can be done in Florida. While this may seem like a daunting task, with the help of an experienced family law attorney, it can be done.

After creating the plan, the next step is to file the parenting plan with the courts. The other parent will then be notified and they will have the opportunity to respond. The court will then vet the parenting plan to make sure it meets all of the requirements. If everything is in order, the parenting plan will be approved and put into effect.

We Can Help You Create a Plan That Works

While determining child custody is often seen as a complex process, if you understand your rights, know what to expect, and work with an experienced attorney, you will be able to get the most out of the process.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124, Winter Park, FL. 32792 and 3720 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 anthonydiazlaw.com for more information.

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

Filed Under: Child Custody and Support Tagged With: child custody

Divorce With Kids

June 27, 2022 By Anthony Diaz

Divorce is never easy, but when children are involved, it can be even more difficult. However, it does not have to be.

In Florida, the parents must determine how to best split their time with their children and what arrangements need to be made for child support and other expenses. This process, known as mediation, is required before filing for divorce. It is required in order to try to come to an agreement about the issues surrounding childcare. If mediation is unsuccessful, the court will make decisions based on the best interests of the children.

However, there are many benefits to mediation, including that it can be less expensive and take less time than going to court.

Grounds for Divorce in Florida

Florida is a no-fault divorce state, which means that either party in a marriage may file for divorce without having to allege any wrongdoing by the other party. The two acceptable grounds for divorce under this “no-fault” rule in Florida are irreconcilable differences and mental incapacity.

For example, if one spouse has been living separately from the other for a while, the separation will likely be considered permanent, and the spouse may file for divorce on the grounds of irreconcilable differences. Other types of irreconcilable differences may include having different religious beliefs, different parenting styles, and addictions, among others.

The types of mental incapacity in Florida divorce are defined in section 744.331, Florida Statutes. These include:

  • A lack of intelligence or comprehension;
  • A lack of understanding or memory;
  • An inability to reason or make decisions;
  • An inability to communicate.

If a party alleges that the other party is mentally incapacitated, the party may file a petition for “no-fault” divorce on this ground.

Types of Divorce in Florida

In Florida, there are three types of divorce: simplified dissolution of marriage, uncontested divorce, and contested divorce.

A simplified dissolution of marriage is a quick and easy way to get divorced. To qualify for a simplified dissolution of marriage, you must meet certain requirements, such as having no children and agreeing on how to divide your property.

An uncontested divorce is also relatively quick and easy to obtain. In an uncontested divorce, the parties agree on all terms of the divorce via mediation, including child custody, child support, and property division.

A contested divorce is more complicated and can take longer to resolve. In a contested divorce, the parties do not agree on all terms of the divorce that have been discussed during mediation. The parties must thus attend a hearing before a judge, who will decide how to divide the property, how to divide the children, and other important issues; the judge will make all of the decisions for them.

What Happens After a Person Files for Divorce in Florida?

After an individual files for a divorce in Florida, the next step is usually to serve the papers to the other spouse. The papers will state details about the proposed divorce. If the other spouse contests the divorce, they will have a chance to argue their case in front of a judge. If they do not contest it, the divorce can proceed without a hearing. In either case, both spouses will have to attend mediation.

What is Divorce Mediation?

Divorce mediation is a process where spouses can work out the terms of their divorce with the help of a neutral third party, called a mediator. The mediator helps the spouses communicate and negotiate until they reach an agreement on all aspects of their divorce, including child custody, child support, spousal support, and property division. Unlike a traditional divorce where the spouses argue in court and the judge makes all the decisions, mediation allows the spouses to have more control over their divorce.

Mediation is especially beneficial for couples who want to avoid lengthy litigation and keep their divorce as amicable as possible. In addition to being less expensive than a traditional divorce, mediation also often results in a more fair and balanced settlement agreement. Couples who mediate are also noted to be more likely to follow through with the terms of their agreement than those who go to court.

Is Divorce Mediation Like a Court Proceeding?

Some people think that divorce mediation is similar to a court proceeding, but there are actually several key differences. In a court proceeding, the judge will make decisions about child custody, property division, and alimony. In mediation, the couple works together to come up with their own agreements.

Another difference is that the mediator does not decide anything for the couple, but instead helps them come to an agreement. The mediator works with the couple to help them reach their own decisions based on their own unique situation and interests.

The Benefits of Mediation in a Divorce With Kids

A contested divorce can quickly turn into a battle of wills, with each parent trying to make the other look bad in front of the kids. This can leave the children feeling stuck in the middle and torn between the two parents.

Mediation can help divorcing parents come to an agreement without having to go “battle it out” in court. In mediation, both parents meet with a mediator who helps them negotiate an agreement. This process can be less stressful for the children, since they don’t have to worry about their parents “fighting” in court. Mediation also allows both parents to have a say in the decisions that affect their children.

Generally, the following goals are often achieved:

  • The parents have more control;
  • The kids feel more secure;
  • Resolution is reached more quickly;
  • The kids are less likely to suffer from depression or anxiety;
  • The kids are more likely to cooperate with the process.

You Can Count on Our Florida Divorce Lawyers for Support

Divorce with kids can be difficult, but it is possible to make it easier with the help of mediation. If you are considering a divorce, or are in the middle of one, please reach out for help.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124, Winter Park, FL. 32792 and 3720 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 anthonydiazlaw.com for more information.

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

Filed Under: Divorce and Children Tagged With: Children, Divorce

How to Manage the Stress of a Divorce 

March 6, 2022 By Anthony Diaz

If you are going through a divorce or considering a divorce, you may understandably be experiencing a lot of stress and anxiety. That is normal and natural. But there are things you can do to manage that stress and make the divorce process as easy on yourself emotionally and mentally as possible.

Have a Plan, and Plan in Advance

One thing that you can do, which is good advice for life in general, is to have a plan about what to do at every stage of your separation and divorce.

For example, if the divorce has not been filed yet, but you know it is imminent, make yourself a checklist, and have a plan. Be able to answer questions like:

  • Where will I live if I cannot live in the marital home?
  • What will I tell the children?
  • What is my financial plan during the first few months of the divorce?
  • Do I have all the paperwork and documents that I need if I have to move out?

These are just some examples. Remember that your divorce attorney is not just there for you at the minute you file your divorce—they can be there for you beforehand; do not be afraid to ask your attorney what other preparations you should make in planning for the early stages of your divorce.

Rely on a Support System of Friends and Family

Your plan should also include friends and family. Is there someone whose car you can borrow if needed? Is there a family member for the kids to stay with should things get stressful in your home? You may never need these people to help you—but it will help you mentally to know that they are there if needed.

While planning for these things now may seem stressful, when the divorce happens, being prepared will be one way that you minimize your stress.

Getting Professional Help

Another thing you may want to consider is to seek out professional mental health counseling if you really feel you may have difficulty coping with the divorce.

It is not uncommon for people who have never seen a mental health therapist to see one for the first time because of a divorce. Even if you are not certain that you will absolutely need the therapist, having one ready to help you will go a long way toward making you feel better.

Reasonable Expectations

One cause of stress is not getting what we want or feeling frustrated that things in a divorce are not going the way we envisioned them.

That is why a good stress management tool may be to have reasonable expectations about the outcome of your divorce from the start.

Of course, what you can reasonably expect is something you will discuss with your attorney, who can help you understand what outcomes are highly likely, and which are less likely.

Understanding what is likely to happen and what expectations you should have can help keep those expectations reasonable. For example, if you expect $2,000 a month in child support, and your attorney tells you that you should more likely expect in the range of $1,000, you can at least lower your expectations and plan your future around that more likely outcome, thus managing your stress both during and after the divorce process.

Get Out and Be You

You do not have to be an isolated hermit during your divorce, and you are not an outcast for getting divorced. Do not be afraid to go out and be social. Being with friends, and enjoying yourself, can both take your mind off the divorce process, as well as introduce you, slowly, to the single lifestyle.

Your friends, or whomever you are spending time with, can either be a supportive ear, or you do not have to discuss your divorce with them at all, making them a much-needed distraction from the stress of your divorce. Either way, you do not have to and should not “punish yourself” by refusing to go out, travel, have fun, or do the things you enjoy in life just because you are getting divorced.

Manage the Anger

Yes, you are getting divorced in large part because you and your spouse did not see eye to eye during the marriage (or, in some cases, for more serious reasons). Either way, try to let go of some anger. You can still get what you want in a hotly contested divorce, hold true to your demands, and do what is right for you and your kids, all without holding or expressing active, hostile anger.

You may also find that as time goes on, if your divorce is an extended one, your anger may decrease.

If you are concerned about ongoing anger, ask your attorney about methods to lower your contact with your ex, if they cause you that anger. For example, today there are many parenting communication apps that can minimize direct contact with your ex if that is a source of stress for you.

Get Closer With the Kids

Of course, you hopefully always enjoy time with your kids. But think of this time as an opportunity to be particularly close with your kids and to develop an even stronger one-on-one bond with them.

It may seem overwhelming at first to go from a two-parent household to a one-parent household. But think of it instead as a chance to really bond with your kids and spend the time with them you may not have had previously.

Likewise, because you are now sharing custody, you may have times when your ex has the kids, and you do not. This can lead to a feeling of having an “empty nest.” Use this downtime for yourself—get exercise, start a hobby, or just plan for the next stages of your life.

Divorce is not just a legal process–it is an emotional and mental adjustment, as well. Remember yourself, and take care of yourself during the process.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124, Winter Park, FL. 32792 and 3720 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 anthonydiazlaw.com for more information.

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

Filed Under: Divorce Tagged With: Divorce, Stress Management

  • « Go to Previous Page
  • Page 1
  • Interim pages omitted …
  • Page 9
  • Page 10
  • Page 11
  • Page 12
  • Page 13
  • Go to Next Page »

Primary Sidebar

Recent Posts

  • How to Calculate and Modify Child Support: A Practical Guide for Parents
  • When to File for Divorce: Fourth Quarter or After January 1?
  • Child Support Essentials: Understanding Your Rights and Responsibilities
  • Divorce and Making a Smooth Back-to-School Transition
  • Understanding the Dissolution of Marriage Process: Key Insights for a Smooth Transition

Footer

The Law Firm of Anthony J. Diaz
2431 Aloma Ave Suite #124,
Winter Park, FL 32792
(407) 204-9069

3270 Suntree Blvd,
Suite #103G,
Melbourne, FL 32940
O: (321) 209-7185
F: (407) 374-3982

Privacy Policy

Copyright © 2025 - All Rights Reserved | Log in