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Orlando Divorce Law Blog

Why collaborative law is better than a generic DIY divorce

Do-it-yourself projects have become common and popular among many Florida residents. They include everything from cooking to professional services that a person can learn and execute. A recent report discussed attempting a do-it-yourself divorce in lieu of an organized process like collaborative law and the difficulty that could occur. A family who is concerned about a fair outcome may choose to proceed with their separation with collaborative law to ensure an equal and beneficial outcome.

In divorce situations where there are amicable feelings or the potential to qualify for a no-fault split, many couples may make the decision to look into many options including a do-it-yourself divorce process. For many people with children under the age of 18, it can be almost impossible to qualify for a no-fault divorce. This can be in part due to child custody arrangements and child support payments required to provide a secure and healthy environment for the children. An amicable family can choose to separate with collaborative law to ensure that custody and support arrangements are determined in the best interest of the child and not with an internet template. A DIY divorce can typically not provide a couple with the tools necessary to adequately negotiate visitation, alimony or child support.

Florida families with autism using collaborative law

April is Autism Awareness month, which gives Florida families the opportunity to learn and understand the impact this disorder has on parents and children. Autism is a developmental disorder, usually discovered in young children, which affects the way they develop and interact with others. When a couple with an autistic child makes the decision to divorce, they may choose to use collaborative law to ensure that the separation is as easy as possible on the special needs child.

Research conducted by a university study found that the rate of divorce among families with an autistic child was 23.5 percent, whereas a family with a normally developing child had a divorce rate of 13.8 percent. The stress and additional responsibility that an autistic child requires can sometimes be draining for parents. The exhaustion, frustration and disappointment can often compromise certain marriages and could even lead to divorce.

Child custody desired for Florida children

It can be painful to witness loved ones suffering in a less than desirable child custody situation when other adults may be capable of providing for the children. A Florida family who wishes to gain child custody of extended relatives may feel that they face a difficult situation. Recently a group of five Florida children have been removed from their mother's custody and placed into supervised custody among relatives as dictated by the state.

An aunt and uncle of some the children are attempting to gain custody of their two nephews who were removed and temporarily distributed among other relatives under state supervision. Reports indicate that the couple has a large extended family that could benefit the two boys. Sources claim that the couple and other relatives of the children have made many offers to the mother in the past to absorb custody for some of the children.

Charlie Sheen and Denise Richards continue high-asset divorce

A high-asset divorce in Florida can involve extensive marital properties that require division and unique child support situations. When a bitter relationship makes it difficult to discuss changes in court-ordered financial support, a parent may seek help in revisiting previously determined responsibilities. According to some reports, Charlie Sheen and Denise Richards continue an ongoing dispute regarding their high-asset divorce, property division and the financial support for their children following their divorce.

Sources claim that the relationship between the separated parties remains volatile and may continue in that direction as arguments regarding a residence owned by Charlie Sheen continue. Denise Richards has been accused of denying her famous ex-husband access to his daughters for many months in response to his purported lack of child support fulfillment. Charlie Sheen was court-ordered to provide $55,000 in child support payments during their high-asset divorce, but may have only provided a portion of that amount to his ex-wife and children.

Child custody and claiming a dependent on taxes

When Florida parents are determining how to file their taxes with children in the home, they may have confusion on claiming dependents, especially after a divorce. Child custody situations can be complex and may not always be clear on who can claim the children as dependents on their taxes. As the April 15 due date approaches, some families may feel pressure to complete their paperwork unless an extension has been requested.

A dependency exemption can sometimes lower the amount of financial obligation a person owes to the government making it desirable for both parents in a child custody situation to claim the dependents. IRS regulations allow only one person, usually the custodial guardian, to claim dependents on their return. Generally, a non-custodial parent is not able to claim a child as a dependent on their taxes unless it was pre-determined in the child custody arrangement.

Father sentenced for fraud to avoid child support and alimony

A Florida family that relies on the financial support of another party may find it difficult if child support and alimony is not fulfilled because of personal reasoning on part of the other party. A parent that suspects illegal action of a financially responsible parent in order to avoid obligations may choose to pursue an investigation. A father was recently sentenced for his ongoing dishonesty regarding financials and failure to fulfill alimony and child support obligations.

Reports indicate that the discovery was made following the father's communications with the FBI in an attempt to have his former spouse investigated for an alleged attempt to gain access to his independent health insurance documentation. The agency uncovered that the man had hidden money in a scheme to keep from providing financial assistance to his ex-wife and children. The discoveries led the agency to millions of dollars that had been hidden away and protected. A spouse that is cheated out of rightful alimony and child support may be able to pursue restitution for missing compensation.

A Florida divorce with collaborative law

Many newlyweds believe the beginning of a marital journey is the riskiest time for divorce, though a number of couples who have been together for decades decide to end their marriage. Long-time Florida couples who desire a fair and agreeable separation outside of the courtroom may choose the collaborative law process. Collaborative law allows each spouse the opportunity to fairly distribute property and assets in a way that is in the best interest of all involved without contested battles.

Those who choose collaborative law as their divorce process may be able to avoid manipulative surprises and angry disagreements, though they still experience the emotional strain of a separation. Certain reports highlight how easy it is for some people to overlook certain things in divorce proceedings when in a heightened emotional state. Some simple financial mishaps could cause deeper problems years down the road.

Florida child custody dispute resolved, children to be returned

A parent who is fighting for sole custody of their family may be doing so because it is truly in the best interests of the children involved. Court-determined decisions in child custody disputes can sometimes leave one parent joyously happy and the other devastated or angry. A Florida father anxiously awaits the safe return of his three children after their mother allegedly disregarded a legally binding child custody agreement.

Records indicate that the incident occurred immediately following the Florida courts awarding sole custody of the children to their father. The mother and her boyfriend are accused of retrieving the children from their school without authority or permission and leaving the state with them in an attempt to cross the country in contradiction to the child custody arrangement with the father. The woman purportedly planned to take her children to begin a new life together in California.

Florida is not the only state that may need alimony reform

Florida lawmakers and activist groups have been discussing and investigating alimony reform in Florida for some time. It seems as though the state legislature revisits the need to change the current system, but changes to the law have still not been made. A major point of contention regarding the current system in Florida and many other states is the concept of permanent alimony.

Some opponents of the system liken it to welfare. No incentive exists for the person receiving permanent support to get back out into the workforce. It can be difficult for the person paying permanent alimony to obtain a court order stopping or adjusting payments, which can create a financial burden on the paying ex-spouse for years to come.

Florida child support enforcement

Custodial parents in Florida often rely on child support to provide food, shelter and clothing for their children. When court ordered financial support is not received, it can leave a serious financial burden on the parent responsible for providing for the child. Recently, a Florida police department was out searching for parents who are delinquent in their child support payments, enforcing the Operation Family Matters with several teams, each consisting of two officers. The officers hoped to serve 60 people with warrants for arrest and 50 additional restraining orders.

Reports shared an officer's attempt to make an arrest of a father who failed to make his child support payments. When the team arrived at his residence, the woman who was home stated that the man was not there. Police were able to get in the house because they had a court order confirming permission to enter the residence and search for the father. They found the man in an upstairs room, waiting on the balcony. This successful arrest was in addition to six other parents taken into custody for their failure to meet their child support obligations.