Michael E. Golub, P.A.

Tavares Family Law Blog

How could mediation help a divorce?

If you have already committed to filing for divorce, you may see the prospect of divorce mediation pointless. You may think that trying to work through issues with the person you are divorcing from is futile because the entire point of the divorce filing is to part ways from them.

However, those who have these beliefs simply do not understand the purpose of divorce mediation. Divorce mediation can help couples move forward in the divorce process more efficiently and get a mutually beneficial outcome without going through the stressful and costly process of litigation. The following are some of the key benefits of divorce mediation.

Child custody laws in Florida

Child custody laws differ from state to state. Therefore, if you and your child are currently residing in Florida and you want to file for child custody, you must become familiar with Florida child custody laws.

The following is a brief overview of how child custody law in Florida applies to certain situations. Having a good understanding of these laws will help to increase your chances of being successful.

Dealing with depression at the same time as a divorce

Divorce and mental health are strongly linked. Those in unhappy marriages may be unhappy in the relationship because either themselves or their spouse is suffering from mental health issues. Conversely, a toxic marriage or issues in a relationship can lead to mental health issues. The stress of a divorce and the life changes that it leads to can also increase feelings of anxiety and depression in many.

If either you or your divorcing spouse is dealing with depression while going through the divorce process, it is important that you do not simply ignore this. Those suffering from any form of depression should seek guidance from a medical professional. Through counseling and medication, recovery is possible. The following are some key tips on dealing with depression during a divorce.

Are you and your fiancé considering a prenuptial agreement?

Perhaps you think that prenuptial agreements are only for wealthy couples who plan to marry. However, prenups are becoming increasingly popular for couples at every economic level.

Florida law sets forth prenup requirements under the Uniform Premarital Agreement Act.

What are some reasons to mediate my Florida divorce?

When you research the topic of divorce in Florida, you often find where many people recommend mediation for resolving any lingering differences that separated spouses may have. If you read their reasoning behind making such a recommendation, you'll find that these individuals do so because they argue that it makes for a lot less stressful of a situation for you and your kids. There is some validity to these statements.

The months and years leading up to a spouse filing for divorce are often tumultuous. This is one of the reasons why it's so hard for husbands and wives to find common ground on issues such as property division or custody once they separate. Things only get worse when former spouses attend court hearings and don't get a chance to speak their minds. This makes them feel even more discouraged about ever achieving a resolution in their case.

Tips for explaining a custody agreement to a child

Entering into a custody agreement with the other parent of your child is not always easy. It likely took you quite a long time to reach the agreement. You might have even needed to have the agreement drafted by the family law court in Tavares, Florida. Either way, you need to stick to the terms of the agreement. Here are some tips for explaining custody to your child.

The most important thing you can do is talk about custody proactively. You don't want to wait to have a conversation with your child as a reaction to the custody agreement being handed down by the court. The more proactive you are, the less likely it is that your child will struggle with the arrangements.

How should you handle relocating with your kids?

While a strong sense of loss is almost certain to accompany your divorce, there may also come a small degree of excitement at the unknown prospects that may lay ahead of you. As you move on in your personal life, the opportunity may even present itself to move away from Tavares. Of course, when you have children, that can present certain challenges, especially in light of your custody agreement with your ex-spouse. 

In the context of custody issues, Florida's state statutes determine relocation to be moving to a new residence at least 50 miles away from your current home and planning to remain there for a minimum of 60 consecutive days. The best way to manage a relocation (in situations where domestic violence is not a concern) may be to work with your ex-spouse in preparing for the move. Notifying them well in advance of your proposed relocation gives you time to work with them to modify your current custody agreement to both allow for your move and to ensure that their access to the kids is not limited. If you are able to do this together, the court will typically honor the proposed changes. 

Can you cash out your portion of a 401k in a divorce?

If you are like many of those entering into divorce proceedings in Tavares, one element that you were not prepared to deal with was dividing up your ex-spouse’s 401k. In actuality, their entire 401k is not subject to property division, but rather only those contributions made during your marriage (as they were likely made from marital income). Depending on the length of time that you were married, your portion of those contributions could be significant. Such an infusion of funds would not be a great benefit as you transition into your post-divorce life. Yet are you allowed to withdraw them right away?

Before contemplating that question, you should first confirm that you actually want to. The advantage of placing funds into a tax-deferred retirement account is two-fold: first, as is implied in the classification of such accounts, you do not pay taxes on them until they are dispersed. Second, leaving them alone allows them to earn you additional income through investment earning and interest that can benefit you when you retire (and yes, rolling your portion of your ex-spouse’s 401k contributions into your own retirement account is an option).

3 main causes of divorce

There are many reasons why people divorce. In many cases, it is a combination of factors that ultimately lead to the dissolution of a marriage

The best anyone can do is know their partner inside and out before agreeing to marry him or her. By being aware of the problems many other couples face, you and your partner can take steps to circumvent a divorce down the road. 

What types of alimony are available in Florida?

When you divorce your spouse in Florida, it can have a negative effect on your financial situation. For the purposes of promoting financial independence, the court may award you alimony, also known as spousal support. 

Because every situation is different, there are four different types of alimony available in this state. The Florida Senate describes each one, explaining how it works and in which situations it is appropriate. 

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Michael E. Golub, P.A. 819 West Main Street, Suite B Tavares, FL 32778 Phone: 352-508-1637 Tavares Law Office Map