How do you Work Out Terms in a Collaborative Divorce

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

Last Day of July

Wow, I was trying to post a note yesterday, but since I started with a draft from June, it posted in June. I really wanted to post something in July. I have been very busy.

Of course today I discovered that my phone lines have not been working as expected and many of my incoming phone calls have reached a "The Line is Disconnected. If you believe you have reached this recording in error, please hang up and try your call again."

While I am listed on Martindale-Hubbell as an AV Preeminent Attorney, they have my phone number disconnected in their system. I wish it were a temporary problem, but apparently it has been this way for a few weeks.

WHAT??? I have been busy AND new clients have not been able to reach me from my telephone listings! That hurts.

Just to let you know, I can always be found at www.aubreylaw.com
You can email me at aubreylaw@gmail.com
You can call my office direct at 407-645-3297 or 407-645-1330.

Please let me know if you ever call my office and cannot get through. I have a phone system that is supposed to roll calls to an empty line (we have several) or take a message if all lines are busy.

Please forgive me if you have been trying to get through and have reached an error message. I am trying to get it corrected ASAP! They said "24-48 hours" but I am really hoping for 2-4 hours.

I like efficiency in services!!!

Adultery, Blasphemy, Christians and Divorce

A, B, C, D, E, F, G . . . elemenope . . . If only Life were as simple!

A client came to my office recently and told me that her "Christian" mother had called her an Adulterer and kicked her out of the house. We filed her divorce several weeks ago and she was living with her mother following domestic violence in her marital home. Unfortunately, her mother feels she should simply endure the violence because "what God hath brought together, let no man put asunder," to quote the traditional wedding vows blessing.

Blasphemy is defined as either an untruth or taking god's name in vane. I consider using "Christian" language in decidedly unchristian manner as a form of Blasphemy. Obviously her mother was referring to Matthew 5:31, 32 (It was said, 'Whoever sends his wife away, let him give her a certificate of divorce'; but I say to you that everyone who divorces his wife, except for the reason of unchastity, makes her commit adultery; and whoever marries a divorced woman commits adultery.)When someone says, "I want a Christian Attorney." I usually reply, "No you do not." or "I don't think you do." If you wanted a Christian Attorney, you would settle with your adversary far from the courthouse as Jesus himself instructed in other verses in Matthew. "If anyone wants to sue you and take your tunic, let him have your cloak as well. Whoever forces you to go one mile, go with him two." You can do your own research at https://www.bible.com/bible/100/mat.5.nasb

Christians sometimes tend to view Jesus' words as being important. They are, but must be placed in context of the Roman Empire and the Province of Judea where Jesus lived and taught. Roman law allowed a man to put away his wife by divorce for any reason. Women had no such right to seek a divorce as they were mere chattel to be bought or sold by their fathers. Men could divorce their wives, but women could not, even for domestic violence, adultery, neglect, abandonment, etc. Since Women were tied to their father, husband, or son, they were destitute without such patriarchal support.

Divorce has been around for more than 3,000 years, but a Woman's Right to sue for divorce is quite new. Today in Florida, the only reason needed for a marriage is "the Marriage is Irretrievably Broken." When a spouse physically abuses and violates his or her "true love" how can the marriage survive?

Every now and then I see a story in the news that makes me want to help. Some friends have put together a seminar on Domestic Violence. Associated Baptist Press reporter Bob Allen writes: American Baptist Women’s Ministries will lead an online “virtual mission encounter” on the topic of domestic violence Sept. 23-27.
“Garlands instead of Ashes: Domestic Violence” is the third of four learning opportunities in 2013 allowing women to meet online and share their passion for mission without the expense of travel and having to take time off work. http://www.abpnews.com/culture/social-issues/item/8786-domestic-violence-focus-of-virtual-tour#.UhYEYTbD-M8
No person should be forced to live with an abuser, and especially not for "Christian reasons."
 
If Domestic Violence is a part of your life and you want it to stop, call me at 407-645-3297. I may be able to help, even if I don't like the phrase "Christian Attorney." You can also visit my website at www.aubreylaw.com for more information and links regarding Divorce, Child Support, Alimony, Equitable Distribution, and many other topics. I am an Attorney, licensed in Florida, practicing in the areas of Collaborative Divorce, Elder Law, Family Law, and Guardianships. I have helped numerous husbands and wives seek a fresh start.

Senate Bill 718 and House Bill 231

TURNING BACK THE CLOCK on 30 years of progress in Family Law
An Update and Plea to Help Stop this Travesty

Recently the Florida House passed HB 231 mandating changes to divorce law that will make marriage much more palatable and divorce much easier. You see, if this becomes law, no man will fear alimony or child support. Changes proposed will END permanent alimony (never mind that permanent alimony is almost universally not permanent today). Changes will also guarantee child support will be minimal and discretionary. If the primary breadwinner doesn't want to pay support, they are guaranteed 50/50 timeshare, and can easily ask for more to "allow the other spouse maximum time to work" thereby lowering child support to next to nothing. Forget deadbeats, no order will issue requiring support while fighting it out.

OK, those are worst case scenarios, but anything is possible when this legislature is in session!

Here are some of the proposed changes:

- application of these new rules retroactively to alimony awards entered (within the past 15 years by agreement) regardless of whether the support was based upon the agreement of the parties or court ordered after trial;

- litigation of alimony changes carries a risk of attorneys fees, just for contesting the changes in court;

- The new law would REQUIRE the proof of increased income AND for TWO YEARS of increased income to be deemed permanent. Quite a hurdle for the person receiving alimony. There is no such requirement should the obligor seek to obtain downward modification. Oh, my pay went down, so I don't have to prove it or show the decreased income lasted 2 years.

- Possibly the Worst idea: The new law includes a presumption for 50/50 timesharing except in very limited circumstances (prove a danger to the child's health, safety and welfare)(this applies in ALL cases not just divorcing parents)

Another bad idea: if the obligor is unemployed at the time of the dissolution the spouse has to wait a full two years after they become employed before asking for spousal support to be modified. So, lose your job just prior to divorce and 2 years without alimony will certainly punish your former spouse for wanting a divorce!

If this passes out of the Senate tomorrow afternoon, and it looks probable, it will be on the House floor next week and then off to the Governor shortly thereafter. The Family Law Section is doing what it can to defeat these bills, having committed to a grassroots and media campaign to get the word out, but those efforts are going to run short without your help. I am therefore asking that if you have not done so in anticipation of this bill being voted upon by the full Senate tomorrow that you please contact your Senators and, after tomorrow, your Representatives (or all Senators and all Representatives) http://www.flsenate.gov/Senators/Find and http://www.myfloridahouse.gov/Sections/Representatives/representatives.aspx and urge them to oppose this legislation. Then, remember how they voted when they run for office next time.

 

Call me at 407-645-3297 or visit my website at www.aubreylaw.com

Aubrey

Great Resources for Family Law Issues

You can always visit my site at http://www.aubreylaw.com/

If you choose, you can visit the site http://lawyers.com/duckerlaw/

If you visited the Lawyers.com site, you might find an update on current family law issues at:

http://lawyers.com/duckerlaw/FamilyLawNewsletter.jsp

Sometimes a little information can help you to ask the right questions.

What do you want to learn?


The Family Law Newsletter is created and maintained by Lexis/Nexis, one of the leaders in Legal Research Sources. Below are some current excerpts:

Juvenile Litigation with Respect to Institutional Confinement Facilities

There are many juveniles that are confined to public and private institutions. Many of the institutions have deplorable conditions. Juveniles are often held in dingy cells or small, dark rooms and are confined for hours, days, or weeks. Often times juveniles are deprived of exercise, recreational activities and schooling. Sometimes juveniles are even supervised by untrained or inadequate staff as well.More...

Child Custody and Religion

Religion is usually not an issue in child custody proceedings, even if the parents practice different religions. For example, if a child has a Christian mother and a Jewish father, a court will not consider the merits of either religion in determining which parent should have custody of the child. The court will grant custody to one parent, or joint custody to both parents, and the child will be exposed to both the mother's religion and the father's religion.More...

Postmarital Agreements

A postmarital agreement, or postnuptial agreement, is an agreement executed by a husband and wife after they are married. More...

Enforcement of Child Support

When a court enters an order of child support, it orders one party to pay a certain sum of money to another for the support of a child. The person who is ordered to pay is called the obligor. The person who received the payment is the obligee. The amount of child support that is payable is usually based on state law that takes into consideration the number of children for which an obligor is responsible and the amount of income the obligor earns from all sources. More...

Adoption and Safe Families Act - Overview

In 1997, the United States Congress passed the Adoption and Safe Families Act (ASFA). The ASFA was enacted to modify and clarify certain requirements of the Adoption Assistance and Child Welfare Act, a federal law enacted in 1980, and the Family Preservation and Support Services Act, a federal law enacted in 1984. More...

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.

Judges and Counselors

One judge in my district put it this way, “I have more than 1,500 different cases. Each one expects me to remember all the details in the court file, know who is telling the truth, act fairly between them, protect their children, divide their property, make the other person follow court rulings on a daily basis, and know what is in the best interests of all involved. I have maybe 30 minutes or an hour of testimony from each of them and they expect me to know what is best. I have never even seen their home, or children. How can any Judge know what is 'Best' for this family?”
Many times an attorney is simply trying to counsel the client to accept the possibilities of Divorce. Realize there are no “winners and losers” just people trying to get on with their lives. Inevitably, clients make mention of church, God, their upbringing or spouses religious life. This is the time when I truly am able to counsel as a Christian, not simply an attorney. From my own life, I cite numerous examples of God working in and through difficult times to a more Holy result. The Bible is filled with examples of broken lives being useful to God, even when the person in question did not acknowledge the broken nature of their relations. Divorce begins as a broken relationship. Whether the break results from outside forces or interior struggles, broken relations are the status. The Court acknowledges and affirms the broken relationship and divides the property, setting a course for future relations either as parents or merely former spouses.