A divorce mediator is a neutral party who does not represent either person in a divorce. They can help you and your spouse reach an agreement on all divorce-related issues such as child support, parenting plans, dividing property and spousal support. Divorce mediation usually works best when both parties generally agree on how they want to resolve the various issues and are on amicable terms. At Barkus law, we provide a service that includes both mediation time to discuss and work out the details of your divorce as well as the preparation of all divorce-related documents you will need to file with the court. Although she is a family law attorney, in her role as a mediator, Lori Barkus cannot file paperwork on your behalf, nor can she provide you with legal advice. However, she can prepare all of the documents for you and give you detailed step-by-step instructions about how to file your paperwork. Should you have legal questions or require that paperwork filed on your behalf, you should speak with a qualified attorney about your rights and obligations before and even during the mediation process. Mediation is a low-cost and less stressful way to “untie the knot.” Sustainable Family Solutions offers a flat fee for the mediation process and an additional fee for preparing the documents you need to file with the court. Please call us for details.
In a collaborative divorce, both parties are represented by separate attorneys. The parties and their lawyers sign an agreement not to go to court and instead work together to create an agreement that is best for the parties and their children. The parties can end the process if it does not work, but, if they go to court to have a judge decide, they will each need to hire another lawyer. This keeps the lawyers and parties invested in reaching an agreement. Collaborative divorce can cost far less than a traditional or litigated divorce and can help preserve the family and keep children out of the process. If you are interested in a consultation or have questions, do not hesitate to contact Sustainable Family Solutions. Simply click here and send us a message and we’ll get right back to you.
In order to obtain a divorce, one party needs to state that he or she has lived in Florida for six months and that the marriage is irretrievably broken.
A divorce can be granted over one party’s objection. As long as one party meets residency requirements and states that the marriage is irretrievably broken, there is no way to object to or to stop the divorce process from moving forward.
While you are not required to have a lawyer represent you, not having a lawyer can put you at a disadvantage. It is very important that you understand your rights and obligations before you reach any settlement or go to court. You may decide to seek legal advice or representation if you have questions about your rights in the divorce process.
While alimony can be modified, requesting a modification doesn’t mean you’ll get one. It’s not a matter of simply going before a judge and telling them that you no longer can pay what you have been paying your ex-spouse. These cases must be prepared carefully and those seeking a modification must be able to state a legal basis for the change. Under Florida statute 61.13, the trial court judge has the discretion as to whether alimony will be modified. It provides that when “the circumstances or the financial ability of either party changes” either party may apply for an order decreasing or increasing the amount of alimony and the court has jurisdiction to make orders as equity requires, with “due regard to the changed circumstances of the financial ability of the parties.” The party seeking the modification carries the burden to justify the reduction by having to prove a substantial change in circumstances since the original alimony order and that the change in circumstances was not contemplated at the time of the final order of dissolution. The change also has to be “sufficient, material, involuntary and permanent in nature.” In other words, the party seeking a reduction can’t quit a job that paid them $100,000 a year and accept a job that pays significantly less. When it comes to being permanent in nature, this depends on the facts and circumstances of a particular case. Should the spouse paying alimony choose to retire, the court can take that into consideration. However, that doesn’t mean there will be an automatic reduction or termination of alimony. The court has to consider the age of the payor, his or her health, and the reason for their decision to retire as well as the financial circumstances of the recipient. There are many scenarios that can be contemplated when seeking modification of alimony. Modifications require the consultation and assistance of an attorney who understands the process, the risks and the likelihood of success. If you are interested in a consultation or have questions do not hesitate to contact Sustainable Family Solutions. Simply click here and send us a message and we will get right back to you.
The goal of shared parenting is for parents to collaborate and to remain actively involved in their child’s life, not just on weekends or holidays. In most cases, parents share parental responsibility and make decisions together regarding education, health, and other important matters. Timesharing refers to the time each parent is allowed to spend with the child or children. In more and more cases, parents have equal or nearly equal timesharing with the children. Historically, most children whose parents divorce have spent a majority of their time living with one parent — usually the mother — with the other parent getting visitation rights. However, there has been a big push in recent years to balance the amount of time children spend with both parents, giving parents the opportunity to be actively involved in the raising of their children. In most states, including Florida, judges make custody decisions based on a”best interest of the child” standard. However, judges need not explain the reason(s) for their decisions. Several states have gone so far as to pass shared parenting legislation. In 2013, Florida lawmakers approved an alimony reform law that included a provision for shared parenting. However, Gov. Rick Scott vetoed the bill. Equal timesharing isn’t for everyone and works best for those who are ready, willing and able to take on responsibilities for their child. If you are interested in a consultation or have questions do not hesitate to contact Sustainable Family Solutions. Simply click here and send us a message and we will get right back to you.
https://youtu.be/8VLF9fivEl4 Let’s talk about what a divorce consultation is. It is your chance to understand your rights and responsibilities in...
While alimony can be modified, just because you request a modification it doesn’t mean you will get one. It is...