The process of getting divorced is trying and challenging for families. Two lives are being disassembled, and if children are involved, that number increases.If you are considering divorce, you have certainly thought about custody of your children, the division of your assets and how matters for the entire family will be handled in the future.
There is enough trepidation surrounding getting a divorce without being wary of the process as well. When Florida couples consider divorce, they often envision a lengthy and costly process filled with arguments, delays and heartache. Using collaborative law to resolve divorce issues is designed to remove that contention in lieu of a more amicable atmosphere.
Was there an issue of infidelity in your marriage? Did one of you make poor financial decisions or lie about the marital assets and other finances? Were there other issues in your marriage that would make it difficult to keep your divorce friendly? If you answered "no" to these questions, then you may be able to have an amicable divorce as many other Florida couples have.
Getting a divorce is challenging enough, but when you have children, it can quickly become even more complex. You may have started out thinking that you and the other parent could work out your own child custody arrangements without any help. Unfortunately, the emotional roller coaster that often comes with a Florida divorce may keep one or both of you from remaining focused on the best interests of the children, or you may have encountered unforeseen complications.
Most Florida residents who are parting ways have numerous questions. They may seek opinions and advice from friends, co-workers or family members who have been through a divorce. However, those residents may need to exercise caution because every situation is different and not all information is reliable no matter how well intentioned the person giving it may be.
When a married couple has a child, Florida law presumes that the husband is the father. That same presumption does not exist when the mother and father are not married. An unmarried father may already know that he needs to establish paternity in order to assert his fathers' rights. However, he may not know that it takes more than validating paternity to object to an adoption of his child.
Your marriage may be over, but you and your soon-to-be former spouse understand that your bond as parents will never change. Your relationship with the other parent may be tenuous right now, but you can both see a future in which you can cooperate and raise your children together despite a Florida divorce. You just need some help in order to reach an agreement. This is where mediation can prove invaluable.
Regardless of whether a parent has primary physical custody of a child, he or she typically retains certain rights as long as legal paternity was established through marriage, a paternity action or adoption. Two of those rights address the ability to review medical and school records of the child. A parent may need to enforce parental rights such as these, and protections are encompassed in both federal and Florida law.
Love may be blind, but Florida residents and their partners do not have to be when it comes to financial matters. Even as they plan to spend the rest of their lives with their soon-to-be spouses, it would not hurt to also plan for what may happen if the marriage ends. Many people hesitate to broach the subject of a prenuptial agreement believing that it "kills the romance" or "tempts fate," but in reality, it may actually be the responsible thing to do.
Florida's married parents have numerous legal benefits and rights that unmarried parents do not. Fathers' rights is one of the areas where married fathers have the upper hand. The law presumes that any child born of the marriage is the biological offspring of the husband, which gives him all of the rights and responsibilities of parenthood. This same presumption does not exist when a father is not married to the mother when the child is born.