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How Emotions Can Make Divorce More Expensive

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During the turmoil of separating and divorcing your spouse, emotions can run high, often clouding judgment and leading to reactionary decisions. These emotional reactions can come at a significant financial cost, particularly in a litigated divorce.

When you allow your emotions to takeover, you may find yourself embroiled in costly legal battles. Take, for instance, when a heated argument escalates to the point of involving law enforcement. Suddenly, what could have been a straightforward divorce process morphs into a costly legal affair, with domestic violence charges or injunctions adding a hefty price tag to the proceedings. The financial toll of such emotional outbursts can be substantial, highlighting the critical need to keep emotions in check.

Collaborative Divorce Calms Emotions

collaborative divorce

The Collaborative Divorce process is designed to mitigate the financial and emotional toll of traditional litigation. In a Collaborative Divorce, you and your spouse work together, with your respective attorneys and a team of neutral professionals to reach a mutually beneficial agreement outside the courtroom. This approach not only fosters open communication but also helps you and your spouse to manage your emotions, leading to more amicable and cost-effective outcomes.

The Collaborative Divorce process is uniquely equipped to handle the emotional complexities inherent in divorce. By incorporating mental health professionals into the team, Collaborative Divorce offers a holistic approach to managing emotions. These professionals act as facilitators, adept at identifying and addressing emotional roadblocks that may impede progress. Through breakout sessions and expert guidance, they help you to handle your emotions constructively, paving the way for productive discussions and informed decision-making.

Collaborative Divorce also provides a framework for addressing emotional challenges in real-time, preventing conflicts from spiraling out of control. By proactively addressing emotional concerns, Collaborative Divorce empowers you to make sound decisions, ultimately reducing the financial burden associated with prolonged legal battles.

In essence, emotions wield significant influence over the financial cost of divorce. Collaborative Divorce offers a pathway to mitigate these costs by fostering cooperation, managing emotions, and prioritizing peaceful resolutions. By embracing a collaborative approach, divorcing spouses can not only safeguard their financial well-being but also emerge from the process with dignity intact, ready to embark on a new chapter of their lives.

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.

Debunking Five Myths About Property Division

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One of the first things that people say when they are going into a divorce is, “I’m going to lose everything,” or, “They will get half of everything I own.”

Myths in divorce

While the division of property is an essential part of a divorce, in Florida, it is not that simple—in fact, a lot of things people believe to be true are not actually true when it comes to the division of property in a divorce. Here are some common myths or misbeliefs about equitable distribution in Florida.

1. If you buy something during the marriage but it is only titled or held in your name, it cannot be divided in your divorce.

This is a myth. Divorce court does not just look at whose name is officially on any title, or which spouse bought an item, or how a bank account is titled. A divorce court cares more about equity—doing what is fair.

Any property can be marital property and, thus, subject to division if it is treated that way.

For example, imagine a wife gets an inheritance from her mother and keeps it in an account in her name. During the marriage, the couple uses that inheritance money to add a room to the marital home, help start the husband’s business, and pay off marital debt.

The wife’s inheritance money has now become marital, subject to division, even though it isn’t titled in the husband’s name or in any bank account with his name on it.

If you want to keep any property (including an inheritance) truly non-marital, it needs to be properly segregated into a separate account and not used for joint marital functions or purposes.

2.  Only assets purchased or acquired while the parties are married can be divided

This is false for the same reason given above. The court does not just look at when the property was acquired (although it is a factor that can be considered by a court when deciding how much of a given asset either party gets).

The fact that property was acquired before marriage may mean that there is a presumption that it is not marital property. But that presumption can easily be lost when the property is commingled with marital assets or used for the benefit of the marriage.

For example, imagine a husband has a business, long before he is married. He gets married, and money from the business helps pay marital bills, and the wife contributes her time to help the business grow, the business pays for the family car, and the couple gives up opportunities, so that the couple can put more money into growing the business.

That business, although formed before the marriage, has now been sufficiently intermixed with the marriage, such that it can now be seen as marital property, subject to division.

Even just part of non-marital property, acquired before marriage, can become marital. For example, an investment that a spouse had before marriage may be nonmarital—but the increase in value of the investment that occurred during the time the parties were married could be considered marital and subject to division.

3.  Everything will be shared or divided evenly

All property in a Florida divorce will be divided fairly (that is, equitably). But that doesn’t mean equal. What is fair may be unequal. The divorce court does not just take every piece of property and divide it in half.

A court will look to both the needs of the parties going forward, as well as their contributions to the asset that helped it exist or appreciate in value. The court will look to which spouse’s labor and working hours, helped the asset appreciate in value.

Property can even be used to balance out other issues in a divorce. So, for example, if the wife needs a significant amount of alimony or other support, and the husband cannot financially provide it, the husband may give up some of his interest in an asset to make up for the inability to pay alimony. Or, if the wife may take on the obligation to pay a lot of marital debt, while the husband may give up more property than he otherwise would have, to compensate the wife for taking on that debt burden.

4.  A gift from one spouse to another cannot be divided

This is generally not true. In some circumstances, it may be. Again, the question is whether the gift truly is for the benefit of only the receiving spouse.

If the husband gets the wife diamond earrings for her birthday, then yes, those earrings could likely be considered a gift for just the wife, and thus, not marital.

But imagine a wife gives her husband a car for his birthday, and the car is used for both spouses to go to work, pick up kids, run errands, etc. Although a gift from wife to husband, the asset is really benefiting both parties, and the marriage in general, and thus, could be subject to division.

5.  You are not liable for debts that your spouse agrees to pay

Let’s not forget that in a divorce, it is not just assets that are divided—debts and liabilities get divided as well. Sometimes, getting the other spouse to be obligated for a debt is as valuable as getting an asset in the marriage.

The problem with saying in, say, a settlement agreement or divorce judgment, “The wife will pay the credit card bill,” is that the creditor doesn’t care what your divorce agreement or mediation agreement or court judgment says. As far as the creditor is concerned, that credit card bill was and still is in both of your names and thus, the creditor can sue either one of you (or both) for that debt.

That means that if you have a debt in your name, and your spouse agrees to pay it in the marital settlement agreement or after mediation, and he doesn’t pay it, the creditor can still come after you—or worse, when it comes to things like mortgages, the creditor can foreclose on the property.

You can certainly take your (now ex) spouse to court to try to get him to pay or to enforce your agreement. But in the meantime, if a creditor comes after you, saying, “my ex was supposed to pay that as part of our divorce agreement,” it will not stop, or serve as a defense, to the creditor’s collection activities.

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.

Divorce: No-Fault vs. Fault Based

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When couples get divorced, one of the things that they often do is start putting blame on each other. While pointing the finger and ascribing fault to people in a divorce can have some applicability in certain areas of a divorce, it has really no applicability in one area of divorce – whether the couple should be able to get a divorce in the first place.

No-Fault Divorce in Florida

Divorce

That is because Florida is what is known as a no-fault divorce case. Putting aside all of the other issues that arise in a divorce, neither party has to show that anybody did anything wrong, nor does either party have to show that they “deserve” a divorce.

All that needs to be shown in order to get a divorce is to show that the marriage is irretrievably broken or, as is often used, that the couple has “irreconcilable differences.” This is a relatively easy standard to meet and is difficult for either party to contest. It does not require that any party did anything “wrong,” like adultery or taking marital money. It does not require any showing that one party “caused” the divorce.

The end result is that while the divorce may take time as the parties litigate the issues in the divorce, like custody or alimony or property division, the parties do not have to prove that they have a right to be divorced in the first place, nor can a party convince a court not to enter a divorce, just because a spouse doesn’t want to be divorced.

This is why, in cases where all of the issues are agreed to by the spouses, the divorce can be entered relatively quickly. With nothing like child support or alimony to fight over, where the only issue is just the divorce itself, there is little to argue or fight about, and the divorce can be entered quickly by the court.

Other States’ Requirements

Some states that have no-fault divorces do have a waiting period or a cool-off period that parties need to wait out in order to get a divorce finalized, even if all the other legal issues have been resolved between the parties. Some states have requirements that spouses must live separately for a period of time before the divorce to show the marriage is irretrievably broken.

But Florida has no such mandatory waiting period or requirements.

When One Spouse Wants to Stay Married

There are occasions where a spouse really does not believe that the marriage is broken or where a spouse believes the marriage can be saved. On the one hand, that is admirable, and courts certainly favor keeping marriages intact. But legally, a court cannot force someone to stay married to someone they no longer want to be married to.

What will generally happen is that the court will order the parties to mediation or at least suggest counseling—but the court cannot legally deny a divorce just because one spouse believes the marriage can be saved.

Often, a spouse who does not want a divorce will not answer divorce paperwork that is served on them or file responsive documents to the divorce petition. That is a bad idea, the court can enter a default against a spouse who does not respond, and the spouse can lose valuable rights to property or the ability to get or receive alimony.

Issues Within the Divorce

What does get confusing is that some issues that relate to fault and thus have no relevance to the divorce itself (i.e., whether the parties have a right to get divorced) may have relevance (and thus cause fighting) in issues surrounding or within the divorce. In other words, the fact that it is easy to ask the court to get divorced does not mean the issues within the divorce are easily resolved.

For example, a spouse may argue that the other spouse has or had a bad drug problem and that the drug problem caused the problems in the marriage. That does not matter for the purpose of getting the divorce-the divorce will, eventually, be granted, drug problem or not, regardless of whether it caused the parties to divorce. But it may matter when it comes to issues like time-sharing with kids or division of property.

The same goes for adultery. The fact that a spouse cheated does not matter in terms of whether the parties have a legal right to get divorced. It may matter in terms of alimony (adultery is a factor that courts can consider when making alimony awards).

Misconduct that affects finances and property may be an issue. So, for example, if a cheating spouse spent a lot of marital money on his or her affairs, that does not mean they are “at fault” for the divorce itself, but it could affect that spouse’s right to receive property in the divorce.

Courts Do Not Ask About Fault

Outside of these specific issues that are resolved as part of and within a divorce, courts will almost never ask why the couples are getting divorced or whose fault the breaking of the marriage is. Practically, those reasons often come out while dealing with other issues (child support, property division, or alimony), but the court does no inquiry to see who caused the marriage to fail.

Additionally, there are no presumptions based on fault. So, for example, the fact that a husband may have been a “bad husband,” causing the marriage to fail, will not make it any more or less likely that he will get time-sharing with the kids or that he will have to pay or not pay or receive alimony.

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.

How Can I Keep My Divorce Private in Florida?

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Divorce private in florida

Your divorce can become very public very quickly unless you decide that maintaining your privacy is a top priority. In Florida, public records often exposed in personal matters, so finding ways to keep a divorce confidential can be a complex task. However, there is hope for protecting your privacy when you choose to use the Collaborative Divorce process.  Collaborative Divorce offers a path where your personal details can remain shielded from the public eye.

 In most cases, divorce records, including financial affidavits and marital settlement agreements, become part of the public domain. This lack of privacy extends to various divorce scenarios, such as mediation’s, uncontested cases, or litigated cases, where sensitive information is laid bare for anyone to access.

However, the noteworthy exception found in Florida is the Collaborative Divorce process. Collaborative Divorce involves resolving issues amicably with the help of a collaborative team that includes attorneys, financial experts, and mental health professionals. What sets this process apart is the ability to bypass the filing of financial affidavits and detailed settlement agreements. Instead, the final judgment in a collaborative case remains basic, keeping private information out of the public records.

Collaborative Divorce introduces a layer of confidentiality by allowing you to file a notice indicating that your case is proceeding through the collaborative process. By doing so, the court is aware that the divorce will be handled a collaboratively leading to a more streamlined and confidential resolution. When cases are successfully resolved through collaboration, the court welcomes the omission of certain documents from public records, acknowledging the commitment to confidentiality.

In addition to streamlining court proceedings, the collaborative process offers private meetings exclusively with you, your spouse, and the collaborative team. These meetings remain confidential, shielded from public scrutiny, as outlined in the participation agreement signed by both of you. This agreement extends beyond physical meetings, covering all correspondence related to the divorce, ensuring that discussions and decisions stay within the confines of the collaborative process.

In essence, the Collaborative Divorce emerges as the optimal choice for those seeking to safeguard their privacy during a divorce in Florida. Simply put, “What happens in a Collaborative Divorce stays in a Collaborative Divorce.” By choosing collaboration, you  can navigate the divorce journey with the assurance that your personal affairs remain shielded from public exposure, providing a true sense of privacy during an otherwise challenging time.

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.

Divorce with Adult Children: Unseen Challenges

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Gray divorce can have some unexpected and unique challenges especially when there are adult children. While society often focuses on the impact of divorce on minor children, the influence of adult children in the divorce process is a topic that deserves attention. The influence of adult children in a couple’s divorce can have a positive and negative impact on the divorce process. Let’s look at how adult children can impact the divorce of their parents.

Positive Influences

Adult Children and Divorce

In some cases, adult children can provide important support to their parents, especially if the spouses are older. The aging process may bring about additional challenges, such as decisions related to living arrangements and retirement. In these situations, adult children play a valuable role in helping their parents to navigate these complex choices.

Negative Influences

Sadly, adult children’s involvement is not always constructive. One challenge that arises is when a child takes sides, advocating for one parent over the other. This can stem from various motives, such as concern about inheritance or aligning with the parent who shares the child’s perspective. Such dynamics can inject unnecessary tension and complexity into the divorce process.

An Important Rule: Avoid Taking Sides

Adult children may feel compelled to choose sides. However, they should maintain communication with both parents, assuring them that they are supportive without taking sides. This approach not only preserves the relationship between parents and children, but also prevents unnecessary rifts within the family.

Confidentiality and Communication

A significant risk is turning adult children into confidants, potentially burdening them with the emotional weight of the divorce. Divorcing couples should consult with their attorney for legal questions instead of turning to their children. Communication with adult children is encouraged, but it should focus on logistical aspects such as living arrangements, grandparent visitation, and other practical considerations.

Preserving Family Relationships

A divorcing couple and their adult children should recognize that divorce doesn’t only impact the spouses but extends to the children and to their future relationships. Divorce at an older age can create a generational defining point, influencing the relationships between children and grandchildren. Proper handling of the divorce process is crucial for preserving family ties and ensuring that the impact on future generations is minimized.

Legal Considerations

It is important that the legal professionals representing the divorcing couple be aware of the ages and relationships of adult children to each spouse. This awareness helps attorneys anticipate potential external influences, whether positive or negative, and tailor their guidance accordingly. Attorneys play a crucial role in guiding their clients through the divorce process, taking into account the complexities when adult children are involved.

Divorce involving adult children is a complex experience that demands careful consideration from everyone that is involved. You should remember to rely on your legal team to guide you through the process, helping you to navigate the complexities when adult children become part of the divorce equation. By fostering open communication, avoiding partiality, and recognizing the long-term impact on family relationships, it is possible to mitigate the challenges and pave the way for a more amicable and respectful divorce 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.

Florida Divorce: Five Common Questions 

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Getting a divorce can, at first, seem scary. There are a lot of unknowns, and yes, your life will change to some extent. But often, it is not the divorce or the prospect of being divorced that is so scary—it is the fear of the unknown.

Having some peace of mind about what happens in a divorce and getting some common questions answered can go a long way to making you feel better about it.

Will I Lose the Kids?

In almost every divorce involving children, nobody “loses” their kids. A court may or may not give you the amount of time-sharing (overnights) with the kids that you want, but the court will almost never completely prohibit a parent from seeing their kids or prohibit a parent from making decisions about the kids’ lives or from having a meaningful relationship with the kids.

Florida Divorce

Even if you ultimately do not get the number of overnights that you wanted, you still would have equal custody over your kids—that is, the ability to share in decisions about the child, like schooling, health, and other major decisions.

Even things that you think may disqualify a parent from having meaningful time with children, like adultery or alcohol or drug abuse, will not necessarily mean that a parent does not have custody or time-sharing over his or her children, so long as there is not an immediate, present danger to the children.

The exception is when a parent may present a danger to a child. But where possible, the court will allow a parent supervised visitation or allow a parent to get help to get over whatever is in their background that presents a danger, and then the court can revisit time sharing or custody in the future.

How Will I Pay My Bills?

Certainly, divorce is a financial strain; you are going from sharing expenses, like a mortgage, food, car payments, etc, to now having two separate sets of expenses. That is compounded by situations where there was, during the marriage, only one income earner.

If there are kids involved, the court can and will order that a fair amount of child support be awarded based on the child support guidelines, which will help pay for the kids’ expenses.

Outside of child support, the court can award alimony to a parent. Marriages that last more than seven years have a better chance at an alimony award, but even shorter-term marriages can, in some cases, have an alimony award.

Alimony payments can help the spouse receiving alimony through a temporary period or can even help pay the spouse’s expenses while the spouse “gets back on his or her feet” by going to college, getting training, or doing something to try to assimilate him or herself back into the workforce.

There is even the possibility of temporary alimony, which is paid while the divorce proceeding is going on. This can allow a spouse to live without having to worry about bills, even during the course of a longer-term, more contentious divorce.

How Long Will the Divorce Case Last?

The answer to this depends on you and your spouse. Like any legal case, the more you fight and the less room there is for compromise, the longer the case will go. Some couples that generally agree on most of the issues in the divorce may find that the case only lasts a few months.

Of course, there are some things that you cannot compromise on, and there are some people that just cannot be compromised with. So, the length of time your divorce goes on is somewhat, but not completely, dependent on you. Going to alternative dispute resolution, like mediation, can help resolve some, and sometimes all, of the issues in your case more quickly than they otherwise would be resolved.

Will I Lose My Property in the Divorce?

In most cases, people do not lose property entirely they will often have to divide property that is considered marital property.

Whatever belonged to a spouse before the marriage and which was not intermingled with the other spouse’s property will remain separate property and cannot be divided in the divorce. So, if you had an inheritance, kept it in a separate bank account in your name, and did not change that, that inheritance would remain yours.

But if you deposited that inheritance into a joint marital bank account, and then used some of the money to pay marital expenses during the marriage, then that property could be considered marital property subject to division.

Because most married couples tend to share property—not protect and hoard it for their own personal use—a lot of property tends to be subject to division. But not all property—and you can “trade off” property, where one spouse keeps 100% of some property, and the other spouse keeps 100% of another property, instead of liquidating or dividing a given asset.

Some property may not be able to be neatly divided, like a business, property, or land. That property may need to be sold, and the profits shared. Some property may even have to be valued by an expert to see what it is worth before it can be divided.

Again, mediation tends to work well for this kind of “give and take” or back and forth when it comes to property division.

How Do I Prepare for My Divorce Before it Happens?

How much to prepare depends on your situation. If you and your spouse are amicable, and both agree on the divorce and can cooperate, you may not need to prepare as much, knowing you will be OK, even after the divorce starts.

Absent that, some things you can do include:

  • Make sure that you have access to important documents that you need, including any (online or real-world) passwords or account numbers; although it is rare, to be safe, assume you will not be able to access this information the way you do now once the divorce starts.
  • The divorce will not leave you homeless, but in an emergency, have a friend or relative you and the kids can go to if you need a “safe space” or just somewhere to be for a night, just as a safe backup.
  • If you share online accounts with your spouse, like emails or bank accounts, print out hard copies of documents that you think you may need in case you lose access to those accounts

Do not let the unknown frighten you–get the answers you need in your divorce 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.