Divorce

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Divorce

Divorce is difficult enough without going into it unprepared. If you think a divorce is in your future, there are several things you can do in Florida to protect your financial interests and your family relationships.

At the Law Offices of Andrew M. Smith we have more than 30 years of experience working with couples on issues such as separation, divorce and child custody. Contact me to discuss your concerns during a low cost initial consultation.

Divorce Considerations

When clients come to me with questions about dissolving their marriages, usually the areas of concern include equitable distribution of marital assets and debts, child custody and child support, and alimony. Here are a few of the things I may suggest to my clients:

List what is important for you to achieve in your divorce, including what you would like for your children and your own financial goals.
Collect information about your tax returns, insurance policies, bank statements, benefit programs, salary information and investment accounts.
Open a bank account in only your name and at a bank where your spouse does not do business.
If you receive a gift, preserve documents that show the gift was given to you personally and not to you and your spouse jointly. If you receive an inheritance, do not place it into a joint account or joint ownership with your spouse.
Make sure your valuable documents are in a safe place.
Do not sign any contracts, loans, mortgages, deeds or other documents without consulting a lawyer.
Do not say anything disparaging about your spouse, especially if you have children.

It is important to keep lines of communication open with your spouse. If you can negotiate a divorce settlement with your spouse without going to court, you can make the decisions rather than letting a judge decide.

Also important: do not make any life-changing decisions until you are thinking clearly about your situation. Florida will not grant you a divorce unless your marriage is irretrievably broken. If you can fix your marriage, you will save yourself a lot of money and grief.

Contact the Law Offices of Andrew M. Smith to discuss your concerns during a low-cost initial consultation.

The hiring of a Florida lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of an attorney/client relationship.

Can I refuse visitation if my ex-spouse fails to pay child support?

No. You cannot refuse visitation, if it has been ordered by the Court, because your ex-spouse has failed to pay child support. The failure of a party to follow a court order should be brought to the attention of the Court. Therefore, if your ex-spouse violates a court order to pay child support, that issue should be brought to the Court’s attention.

There has been an order of child support in my case, but my circumstances have changed. Is it possible to have the child support order modified?

The Court will look at a change in circumstances of the parties through a petition to modify support. If there has been a substantial change in circumstances since the original order, the Court may modify the order, based on those changed circumstances.

My spouse has always controlled our finances. He/She makes the money and I don’t have access to funds to pay for an attorney. What do I do?

Most attorneys require an initial retainer before they will start working on your case. Many attorneys accept credit cards. Once the case reaches the court system, the Court may require your spouse to pay for your attorney’s fees.

What is mediation?

Mediation is a process where the two parties get together and attempt to negotiate a settlement between the two, rather than having the judge make the final decision. Mediation can save time, money and misery. A settlement is not required, however, simply because you agree to mediate.

How is marital property divided in Florida?

As a general rule, in the state of Florida, property acquired during the marriage is split evenly, despite whose name the property is in. With any general rule, there are exceptions. The courts can change the percentage depending on the parties’ specific circumstances.

What if my spouse is hiding or misrepresenting his assets?

Each party must sign a sworn financial affidavit. If your spouse is hiding or misrepresenting his assets, you may be entitled to compensation relating to those hidden assets.

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