Working Out the Terms of your Spousal Support Agreement in a Collaborative Divorce

Spousal support, also known as alimony, is an issue that arises in many Florida divorces. It is the money one partner pays to the other after their divorce, generally for a fixed period of time but sometimes, until the receiving spouse remarries or either partner dies. This money is intended to help the spouse who opted out of the full-time workforce to care for the couple’s home and children during the marriage to avoid financial hardship.

 In a collaborative divorce, the divorcing couple works together to make their own determinations about their divorce settlement, rather than having the court make them. Alimony is often an issue discussed during collaborative divorces alongside parenting time and the division of the couple’s marital assets.

In Florida, you Can Waive your Right to Seek Spousal Support

Florida law permits individuals to waive their right to seek alimony in the event of their divorces in prenuptial agreements. This is not the case in all states.

 Just like a collaborative divorce, a prenuptial agreement requires a couple to be flexible and willing to work together to make determinations that benefit them both, even in unpleasant situations like divorce.

 Waiving Spousal Support in Exchange for a Larger Share of Marital Assets

 When you divorce through collaboration, rather than litigation, you and your spouse work together to reach a divorce agreement that best fits your needs. In any divorce, dividing your marital assets is a component of the final settlement and often, it is the largest component of the settlement. Talk about potentially opting out of alimony in exchange for a more favorable share of your marital assets with your spouse, but also with your lawyer privately – there could be issues you do not initially recognize, like large tax burdens associated with certain marital assets or the long-term impact of choosing not to create an alimony order.

Collaborative Divorce is All About Keeping Control of your Divorce

Couples who choose collaborative divorce are often more satisfied with the results of their divorces than couples who divorce through litigation.

If you took on lower-paying jobs or opted out of the workforce completely during your marriage, alimony is a way to protect your financial future. Do not confuse the need to be amicable in a collaborative divorce with a need to agree with everything your spouse suggests. If you feel alimony is in your best interest, explain this and support your position with relevant facts during your collaborative divorce meetings. Your lawyer is your advocate, but you also need to advocate for yourself.

Work with an Experienced Winter Park Divorce Lawyer

When you are considering divorce, you have a lot on your mind. Before you begin the collaborative divorce process, discuss these issues with your divorce lawyer so you begin the process educated about Florida’s divorce laws and what you can expect given your case’s unique circumstances. Contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today to schedule your initial consultation with us.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html

 

Collaborative Law and Divorce

Having spent a May weekend at Florida's 3rd Annual Statewide Collaborative Conference, I am energized to share the benefits of Collaborative Law with the World!!!

All of my clients agree to use a Collaborative Process if their opposing party will also agree to a Collaborative Process.

Here are a few of my findings:

Constructive Divorce with Value-Based Pricing

By Mark A. Chinn

http://www.americanbar.org/content/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/chinn.html

Planning for Your Divorce…and Your Next Marriage

By Marlo Van Oorschot

http://www.americanbar.org/content/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/planning_divorce.html

Collaborative Law: A New Approach to Divorce

Vol. 32 No. 1
By Terri A. Lastovka
Terri A. Lastovka, CPA, JD, ASA, focuses on business valuations (including dispute resolution valuations) and litigation consulting.
 http://www.americanbar.org/publications/gp_solo/2015/january-february/collaborative_law_new_approach_divorce.html

FAMILY LAW: Collaborative Divorce: Why the Underwhelming Advance?

Vol. 32 No. 1

By Luke Salava
Luke Salava is a fourth-place 2012 Schwab Essay winner who plans to launch StayWed, a nonprofit bringing attorneys and family therapists together to help mend imperiled marriages.
 http://www.americanbar.org/publications/gp_solo/2015/january-february/family_law_collaborative_divorce_why_underwhelming_advance.html

Book Review: Collaborative Divorce Handbook
By Margaret R. Kerouac Esq. – July 28, 2011
http://apps.americanbar.org/litigation/committees/family/articles/summer2011-book-review-collaborative-divorce-handbook.html

The Collaborative Divorce Handbook: Helping Families Without Going to Court, published by Jossey-Bass in 2009, is an excellent and convenient resource for those seeking an in-depth introduction to collaborative practice or as a guide or refresher for those with some experience practicing collaborative law.

October is Domestic Violence Awareness Month

I received this today via Email.   Good afternoon, October is Domestic Violence Awareness Month, a time for each of us to reflect on the devastating impact that domestic violence has on our society. You can scarcely get through a day without hearing a news report about a violent incident in the community. The national conversation often revolves around high-profile instances of abuse, illustrating that money and success are not safeguards. We at the Clerk’s Office deal with those in fear every day as they come to us seeking a judge’s order of protection against someone they believe wants to hurt them. I am proud to say that our recent partnership with Harbor House of Central Florida has already resulted in getting quick help to more than 25 people who may otherwise have had to wait up to 72 hours for their cases to be heard. If you are dealing with assault or stalking, three days is a long time – maybe too long. In April, I began deputizing more than two dozen Harbor House employees. Taking the oath of office has allowed them to continue processing domestic-violence injunction petitions during the hours that the Clerk’s Office is closed. That means no one has to wait overnight or through a holiday or weekend for a Clerk’s Office employee to take their paperwork. “Having this opportunity to swear in our employees to save lives is our primary goal, since being able to process a domestic violence injunction when the Clerk’s Office is closed is crucial for a victim in a domestic-abuse situation,’’ said Carol Wick, president & CEO of Harbor House of Central Florida. “It also enables us to uphold no-contact orders at any Harbor House location, which eliminates one more barrier to protecting survivors and holding abusers accountable.’’ Through September, more than 4,800 people had visited the Orange County Clerk’s Office this year seeking court-ordered protection. If that pace continues, the year-end number will be higher than that of 2013. The paperwork is several pages long and is available at the Clerk’s Office and its branches. It is also available online at myorangeclerk.com, which allows the petitioner to fill out the forms privately and thoroughly, away from crowds and bystanders at the courthouse. I also recently made Affidavit of Violation paperwork available online. This is the form a survivor fills out if their attacker has violated an injunction order. To reach Harbor House of Central Florida after hours, please call 1-800-500-1119. Regards,

Eduardo “Eddie” Fernández Orange County Clerk of Courts

News From Winter Park Police Department

Greetings Winter Park,  

Normally I advise to NEVER click on a link in an email or copy and paste it to your browser, however; I am certain these are safe as they are from the Police.  J

*  Pet Walker Watch!!!!  - Take your cell phone when you walk your pets so you can quickly call in any suspicious persons or vehicles.

 

1.    Crime Mapping information - Our Crime Analysis Tech advised that we are utilizing the following link for mapping crime. 

 

http://www.raidsonline.com

 

2.     Women’s Self-defense classes -   2 hour class regarding various safety concerns in parking lots, parking garages, home, parks, etc. and discussion on weapons and techniques to assist in a physical attack.

 

Register Here:         https://wppd.org/community/safe.asp

 

3.    Security Survey’s & SmartWater CSI  -   (A review of your property (windows, doors, locks, landscaping, lighting, etc.) for vulnerability to crime and/or criminal activity and provided a free product to mark your property. (See web link for info)

 

Register Here:         https://wppd.org/smartwatercsi.asp

  

4.    Lockbox Program -     $19 for residents or FREE for 65 or older who are prone to injury, have significant health concerns, that live alone or are alone frequently.  A spare key is provided by you for emergency entrance into your home. (Instead of breaking a door or window.)

 

Register Here:         https://wppd.org/community/lockbox.asp

 

Follow us on Facebook::

Winter Park Police Department                                     

                       

          Facebook.com/winterparkpd

And Twitter:             @WinterParkPD

Or visit:

www.wppd.org

 

"All that's necessary for the forces of evil to win in the world is for enough good men to do nothing." Edmund Burke

The MustardSeed of Central Florida is having a PARTY!!!

Chairs 4 Charity Event Details

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Chairs 4 Charity is a Happening Thursday, April 3, 2014,
Benefiting the Mustard Seed of Central Florida!
This is our Fourth Chairs for Charity event, and it will be a “Shabby-chic happening”
at The Winter Park Farmers Market, located at 200 West New England Ave,
Winter Park  Florida , 32789.
The evening is from 6:00 pm – 9:00 pm, and will be FUN!
The Mustard Seed will showcase eclectic donated furniture pieces and dinnerware for guests to enjoy signature cocktails, hors d’oeuvres entertainment and  a silent auction while viewing your one-of-a-kind artwork.
The Youth Symphony Orchestra will provide the music, we will show case local artist  who have chosen a chair from our donated items, the Artist will then turn their chair into a piece of Art. Our artists will be listed on our website , Monday, March 3rd. So be sure to check back!
We also will have scheduled appearances by retired NBA Legends, we will keep you posted. We hope to see you at this “Happening” event.
Cost of a single ticket is $50 and $85 will buy two tickets!
Download the Event Flyer Here!

Ticket Options

Individual $50.00 USD For Two $85.00 USD

Thank you in advance for supporting The Mustard Seed of Central Florida.

Happy Thanksgiving!

Thanksgiving is my favorite time of year.
During this holiday, I get to remember everything for which I am thankful and find a few moments with family.
On facebook, I have posted daily regarding those things making me thankful not only this month, but throughout the year. My list includes: A roof over my head, my children, my loving wife, my family and of course my church and friends. Beyond these easy items are: Courts that administer Justice in an impartial manner; elections that allow our voice to determine the direction of our country; the Florida Gators, for all the wonderful things done on the field and off; Free Public Education; Collaborative Attorneys, who make the practice of Law meaningful and fulfilling; Roads; cars; particular friends who invest their time in my life daily; those friends and family that keep in touch even though we haven't seen each other in literally years, and of course, all the soldiers, sailors and airmen who defend our lifestyle daily.
At this time of year, I am especially thankful for clients who allow me to assist them at some of the most difficult times in their lives. Without their faith in my abilities as an attorney, without their trust in my counsel, I would be exhausted trying to survive.
Thanks be to God for all the blessings in my life, now and throughout the year.

Someone Owes you MONEY!

Did you bury a computer screen or television between 1999 and 2007?

If you did, you may be eligible for MONEY from a settlement involving some of the major manufacturers and PRICE FIXING!

Consumers of LCD Flat Screen TVs, Monitors and Laptops Can Share in $1.1 Billion Settlement Fund Eligible consumers and businesses in 24 states and the District of Columbia may be able to collect $25, $100, $200 or more by answering a few simple questions about the LCD flat screen TVs, monitors, and laptops they bought from 1999 to 2006. No receipts or other documents are required for small claims. The deadline to file a claim is December 6, 2012. The 24 states are: Arizona, Arkansas, California, Florida, Hawaii, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Mexico, New York, North Carolina, North Dakota, Rhode Island, South Dakota, Tennessee, Vermont, West Virginia and Wisconsin. Click here for an overview of the Settlements. If you would like to print a Claim Form and mail it in, please click here.

When do you Call a Lawyer?

The time is NOW! If you are wondering whether or not to call a lawyer, an attorney or as I prefer, Counselor at Law, then you should call. We are here to answer your questions.

Many people will ask their friends, family, and even strangers on the street what they think of a problem.

Lawyers are trained to answer questions of a legal nature. Attorneys are adept at asking the followup questions that provide real meaning to the questions. Counselors at Law can help you interpret and apply the law to your situation in a way you may have not considered and can discuss the impact decisions may have on other areas of your life. In Central Florida, one attorney advertise on TV that "a free 5 minute call will answer all your questions." If that is true, Call!

In my practice most questions are more involved than a short phone call. They usually involve multiple family members and the impact on each can be different. In Divorce, the children must be a consideration. In Elder Law, the Parents are ususally the major consideration. Guardianships can affect many different life decisions.

If you have questions of a legal nature, Call an attorney.

Visit my website at www.aubreylaw.com or call me at 407-645-3297. Make an appointment to come in and review your situation and the many different ways and possible outcomes that can relieve the stress you are feeling. Aubrey

Identity theft again - thanks to the Florida AG

Who Investigates Identity Theft?
If you are a victim of identity theft you should contact your local police department or sheriff's office first to file a report. Under Florida's identity theft law, the report may be filed in the location in which the offense occurred, or, the county in which you reside.

It is important to remember to get a copy of the police report. Very often, the bank, credit card company, or others need proof of the crime in order to erase the debts created by the identity thief.

If you can't get a copy of the report, at least get the report number.

Who prosecutes identity theft?
Identity theft prosecutions are handled either by the State Attorney in the local judicial circuit, or the Office of Statewide Prosecution in the Attorney General's Office. The Office of Statewide Prosecution handles the prosecution of multi-circuit organized crime.

What are some tips regarding how to file a police report?
Provide documentation. Furnish as much documentation as you can to prove your case. Debt collection letters, credit reports, your notarized ID Theft Affidavit, and other evidence of fraudulent activity can help the police file a complete report.

Be persistent. Local authorities may tell you that they can't take a report. Stress the importance of a police report; many creditors require one to resolve your dispute. Also remind them that under their voluntary "Police Report Initiative," credit bureaus will automatically block the fraudulent accounts and bad debts from appearing on your credit report, but only if you can give them a copy of the police report.

Be a motivating force. Ask law enforcement to search the FTC's Consumer Sentinel ID Theft database for other complaints in your community. You may not be the first or only victim of this identity thief. If there is a pattern of cases, local authorities may give your case more consideration.

That's why it's also important for you to file a complaint with the FTC. Law enforcement agencies use complaints filed with the FTC to aggregate cases, spot patterns, and track growth in identity theft. This information can then be used to improve investigations and victim assistance. Click here to access the FTC's online complaint form.

How do We get Along for the Children?

Following is a message I received in my role as Guardian Ad Litem for two children. Their parents could not agree on a visitation schedule, arguing about whether weekly pickup and drop off were to be on Friday or Sunday. The Brother of one wrote:

"Lets just stop all the messages between the two of you and just
comply, nothing other than an "OK, see you at ..." This has to become
a non incident as this will always be happening, mix ups are normal in
family affairs and developing a cooperative manner of working
together, without the threat of court action by either party, is the
only suitable choice (In My Opinion)...its not easy, will take both to agree, but
at the first, it will take at least one party to choose to not
fight...be that party, comply no matter how onerous it might be, but
stop the fighting at all costs, determining fault and assigning blame
will only keep both of you stuck in the problem, so sidestep it by
agreeing immediately with no rancor ...that is the only way that
cooperation can sprout and become the way that this parenting can work
harmoniously between all parties...your brother "

I add this post because so many times people in the midst of conflict forget they once loved, and every issue becomes a power struggle. Obviously if the power struggle continues so that one party is constantly taking advantage of the other, an attorney can help present to the court the disparity in parenting. Court should be a LAST Option, not a first thought. Call me at 407-645-3297 for information on Child Custody (now called Time Sharing) or any other family law matter. Visit my website at www.aubreylaw.com for more information.

What do You do when You don't Know What to do?

When all around you are losing their heads over some perceived emergency without any plan of action, What do You Do? Do you stop and ask directions? Do you sit quietly and wait for the storm to pass, then clean up the mess and plan better to prevent future emergencies? Do you lead the charge, yelling do something to those around you who neither know what needs to be done nor how to go about doing it?
I am one who addresses those emergencies in life with a calm reflection. I have seen the damage done by a hasty response. I have witnessed the exponential increase in stress caused by the "Chicken Little" response of "the sky is falling".
Many years ago, I was the one to notice the sky falling and attempt to warn those around me. Working on the electrical plant of a Nuclear Submarine, I would many times see an emergency arrise on the meters and guages and it was my duty to not only note the changes, but to recommend actions to prevent damage to crucial equipment. Others might jump in before seeing All the indicators, trying to fix the first indications only to compound the real source of the problem. Many times, waiting for the opportune moment to suggest a better course of action means being heard rather than ignored.
In my practice, I see people in some of their worst situations, impending death, Family strife, marital strife, Divorce, etc. Many times alcoholism or drug addiction play a part in destroyed relationships. Other times, simple communication issues cause complete distrust or misunderstanding. An outsider who has witnessed the progression of strife, can see the direction, even if he or she cannot adequately communicate to the parties involved.
Life can be like that. Make a friendly suggestion before the friend recognizes the dire straits, and risk being ignored. Once the magnitude of problem is considered, a timely suggestion means all the difference in the world. Call me at 407-645-3297 or visit my website at www.aubreylaw.com and let me help you recognize the symptoms and solutions to your problems.

Attorney's fees are reasonable - considering

Many people wonder how attorney's arrive at their retainer or fees charged. The determination of what is reasonable considers many variables including at least the following: the time and labor required of the task presented, the novelty, complexity, or difficulty of the questions involved, the skills requisite to perform the legal service properly.

Additionally, the attorney may consider whether the acceptance of the particular employment will preclude other employment by the lawyer and the fee, or rate, customarily charged in the locality, Orlando, Central Florida, Winter Park, etc., for legal services of a comparable or similar nature.

The attorney may also consider the significance of, or amount involved in, the subject matter of the representation, the responsibility involved in the representation, and the results obtained.

More important considerations may include any time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client.

Of course the attorney may also consider the length of the professional relationship with the particluar client and the nature of previous work involved.

Finally and perhaps most important in the determination of attorney's fees in a given case are the experience, reputation, diligence, and ability of the lawyer performing the service and the skill, expertise, or efficiency of effort reflected in the actual providing of such services. Whether the fee is fixed or contingent and the client’s ability to pay being dependent on the outcome of the representation may also factor importantly.