Why Collaborative Divorce?

There are MANY reasons to choose a Collaborative Divorce, Costs, Timeliness, Process, Control, CHILDREN.

The Costs associated with asking a Judge to decide major issues in a divorce case can range from hundreds to tens of thousands of dollars. Most attorneys know what the judge is likely to decide given the limited facts the judge will ultimately hear. So why should you give aways your children's college fund in order to risk the judge seeing things your former spouse's way? You should not.

Timliness is how long it will take to have the Judge make a decision. Just getting on the calendar for a hearing may take several weeks to several months. At hearing, if your attorney runs short of time, either because he did not prepare or because the other side managed to distract and stall the presentation of evidence for your case, you may have to wait several more weeks or months to finally have the Judge hear all the evidence allowing a ruling. That ruling may be subject to appeal, or the Judge may take some time to reduce an oral ruling to writing, delaying a few more weeks, or in the case of appeal, several more months.

In a Collaborative Case, time is determined by your attorney's scheduling with the other team members who are all working to Resolve the situation, not to delay decisions! This Collaborative Process puts YOU in Control of the Decisions. Having a Communications Coach, and your legal advisor, helping You Make the Decisions saves time, and ultimately results in a Much less Stressful process for your family. Ultimately, Collaborative Divorce results in Less Drama for children as Parents can learn to work together even though they are no longer married and living together. The reduction in stress in the household, along with new communications styles and mediums may have a lasting effect on your family, and especially your Children. Call me 407-645-3297 or visit my website at www.aubreylaw.com

Still not convinced, according to Lauren Hansen, there are at least 9 more to consider when Children are involved:

9 negative effects divorce reportedly has on children

The Week – Thu, Mar 28, 2013

http://news.yahoo.com/9-negative-effects-divorce-reportedly-children-220900169.html

Just in case you missed it - Divorce brings on a world of issues for children.

We like to think children are resilient and can adapt easily, but in reality, childhood trauma manifests itself for YEARS to come in their lives.
Make the Decisions Now so in the future, your children will Thank you.

It's Friday but Sunday's Coming

Good Friday - I don't know what is good about it! Jesus Christ, the Savior of the World was Crucified about 2,000 years ago. Witnesses made accounts of His death. Other's made accounts of His life. And some others published accounts of His Resurrection. That is what I believe.

Thankfully, I believe we can have assurance of the Abundant Life. We can also know we are in God's Perfect Will in the Universe.

It has been said that Christmas is the Promise and Easter is the Fulfillment. I like that. We live in a world of brokenness, broken homes, broken lives, broke debtors, soulless banks. The Almighty Creator of the Universe, God cares more for us than our bank account or net worth.

God Loves You. God Wants You to have an Abundant Life. God wants to restore you to full fellowship with the Universe. It's Friday, but Sunday's promise of Easter is Coming.

Amen.

A dear friend Pastor Henry Green, of Heritage Baptist Church in Annapolis, MD, wrote this for Maundy Thursday: http://www.abpnews.com/opinion/commentaries/item/8342-overcoming-darkness

Many of my friends write and work at Traditionally Baptist Institutions. Feel free to visit www.bjcpa.org or www.christianethicstoday.org or www.aubreylaw.com that last one is not really a baptist institution, but I like it!

Or call me: 407-645-3297

Aubrey

Brain Gym - Excercise Your Mind

My mother works the Sudoku puzzel every day. Many people work on crossword puzzels, or brain teasers daily. These activities help keep the mind working and can (according to research) stall or prevent alzheimers, dementia and other brain lag that typically occurs with aging.

http://www.kenneymyers.com/blog/24-blogs-with-things-you-can-do-to-keep-your-brain-sharp-as-you-age/

Somebody asked that I put this link in my blog, and I trust you will enjoy the link.

Call me when you have legal questions at 407-645-3297, especially those questions related to Collaborative Divorce, Elder Law, Family Law, Guardianships and HAMP tier I and Tier II Mortgage Modifications.

Or visit my website at www.aubreylaw.com

Collaborative Divorce Saves Money, Time and Stress

Almost every month the Collaborative Family Law Group of Central Florida http://www.cfl-cfl.com/ meets to discuss ways we can help our clients save money, save time and save stress when pursuing a divorce. Sometimes we meet together at the Mount Vernon Inn on 17-92.
http://bestwesternflorida.com/hotels/best-western-mount-vernon-inn/ 
Other times we meet in one of four practice groups at various offices in the area. Each time we meet, we learn new ways to discuss, facilitate, encourage, coach or counsel our clients.
The International Association of Collaborative Professionals http://collaborativepractice.com/ is an international community of legal, mental health and financial professionals working in concert to create client-centered processes for resolving conflict. Supporting Collaborative Practice as a conflict resolution option, its Mission is:

• establishing and upholding the essential elements, ethical and practice standards of Collaborative Practice;
• fostering professional excellence by educating and providing resources to Collaborative practitioners;
• leading and integrating the Collaborative community; and
• promoting the growth of Collaborative Practice.

Why would you want a Collaborative Professional? Because it saves you Time, Money, Resources, and most of all STRESS! In a Collaborative Divorce, YOU make the Decisions in concert with your spouse and several professionals selected to assist.

You get to select a single Financial Professional to assess your family's finances to maximize child support and alimony so that limited resources are stretched for the family's benefit.

You get to select a Mental Health Professional who coaches you in communication. Many graduates of a Collaborative Divorce find they are much better able to communicate than ever during their marriage.

You get to decide how and when you get divorced; there is no waiting on a response from the other side, the court, a deposition, etc.

You are not alone in these decisions! You have help from several professionals who work daily in these situations. Our collective experience and expertise HELP you Make Decisions!

Call me at 407-645-3297 or visit my website at www.aubreylaw.com and ask how we can help you seek a Collaborative Divorce. Aubrey

Are You Poor?

According to the Federal Government, if you make less that $1,938.75 per month, you are.

The Department of Health and Human Services has announced the new poverty income guidelines for 2013. The new minimum monthly maintenance needs allowance (MMMNA) used to determine eligiblity for many government programs has ristn this year to $1,938.75 in the 48 contiguous states and the District of Columbia, effective no later than July 1, 2013. Last year, that amount was $1,891.25.

The new figure will be $2,422.50 in Alaska and $2,231.25 in Hawaii. The minimum MMMNA is 150 percent of the monthly poverty guideline for a couple.
For a full list of the 2013 poverty income guidelines, click here.

What does this mean? If you want Medicaid, Federal Grants for Education, etc. if your income is lower than the MMMNA, you should easily qualify!

Social Security Changes Coming

I received the following note from a friend who runs AGED, that is Advocates and Guardians for the Elderly and Diabled. They are a stellar organization and provide significant assistance to their clients.   Upcoming Social Security Changes There were many changes made to Social Security which could impact your benefits in 2013. Here are a few that we think are particularly relevant. To view the full list visit Social Security's Announcement on the 2013 changes. Cost of Living Increase Social Security approved a 1.7% cost-of-living (COLA) increase for those receiving monthly Social Security and/or Supplemental Security Income (SSI), beginning December 31, 2012.   For more information about the COLA increase, please visit Social Security's website.    Change in Social Security Credits   As you work and pay taxes, you earn "credits" towards retirement and other benefits. In 2013, the amount of money you have to make to earn one credit increased. Now, it will take $1,160 to earn one credit, an increase of $30 from the previous year. In general, a worker needs approximately 40 credits, or 10 years of work, to be eligible for benefits.   Increase in Retirement Earnings Test Exempt Amounts When individuals receive retirement benefits, but continue to work, there is a limit on what they can earn before they are required to give back some benefits. For 2013, for every $2 in earnings above the new limit of $15,120/year, or $1,260/month, one dollar of benefits will be withheld . It is important to note this only applies until the year the worker reaches full retirement age. For the months up to the month of the birthday, a different formula applies. In 2013, Social Security will hold back $1 in benefits for every $3 that a worker earns above $40,080.   For more information about the changes in the Retirement Earnings Test Exempt amounts, please visit Social Security's website.

For more information you may call me at 407-645-3297, or visit my website at www.aubreylaw.com To contact AGED, visit www.trustaged.org or call AGED at (407) 682-4111.

How much will My divorce Cost?

Great Question! If you go to one paralegal in Central Florida, you will find this price list:

All divorces run between $400-$1200, depending on how many children, the amount of assets to be distributed, the amount of debt to be distributed, and the complexity of the divorce. Our prices are approximately ten percent of what most lawyers will charge for similar type paperwork.

	DIVORCE UNCONTESTED and CONTESTED (both parties making under $50,000 per year):                                                      Visit my Website: www.aubreylaw.com UNC CON - with No Children & No Property $400 $300 - with Property $400 $400 - with Children $500 $500 - with Children & Property $500 $500
	DIVORCE UNCONTESTED and CONTESTED (both or either party making above $50,000 per year): * UNC CON - with No Children & No Property $500 $400 - with Property $500 $500 - with Children $600 $600 - with Children & Property $600 $600 - with Child & Property, both parties making above $50,000 per year with substantial assets and debts $750 $1200
	FILING FEE for Divorce:                                         Visit my website: www.aubreylaw.com - As of January 1, 2006, the filing fee in most Florida counties for Divorce is approximately $408.
	ANSWER for Divorce: - Includes the following documents: Dissolution of Marriage, Financial Affidavit, Notice of Social Security and Parenting Plan when applicable. All of these need to be filed. - Under $50K - $300 / Over $50K - $400
	MODIFICATION of Child Support, Visitation or Paternity (both parties making under $50,000 per year): - Modifications base $400.
	MODIFICATION of Child Support, Visitation or Paternity (either or both party making above $50,000 per year): *                                                                Visit my website: www.aubreylaw.com - Modifications base $500.
	FILING FEE for Modification: As of 2006, $50 in all Florida Counties. Of course the hiring of an attorney can be expensive. But what happens if you spend money for a non-lawyer to prepare your case, and something goes wrong? A Non-Lawyer cannot advise you as to what the court may do, or what your actions may cause. A Non-Lawyer cannot tell you what your spouse's response means. When you need a Divorce, you need an Attorney who can work with you throughout the process to make sure your divorce is completed properly. Call me at 407-645-3297 or visit my website: www.aubreylaw.com

Whose Interests Do You Represent?

As an Attorney, I am required to advance the interests of my client. Sometimes that doesn't appear clear from one perspective or another. Many, MANY times, the opposing party to litigation will try to convince my client that I am in fact NOT advancing their interests, but either I am working against them, or not working at all - claims of Dilly, Dally and Delay P.A.

What are my client's Interests? Perhaps a better description would be, my client hopes, dreams, and desires for their family. What my client wants, as the outcome of litigation is the primary "Interest" I must support. So long as my client is not seeking litigation just to harass the other side, or just to delay the inevitable resolution, I must follow the Client's direction.

A great note on Interests can be found here: http://be-fulfilled.org/post/2012/11/17/Helping-Clients-Understand-Interests.aspx

When you want the advice of an attorney, call me.

Don't be afraid to call; I assure you that many others have been in the same position and needed help. Bo Prosser likes to say the two most basic prayers are Please Help, and Thank you. I like that! Feel free to visit my website at www.aubreylaw.com and send me a message. You will be glad you did! Aubrey

1629 Miles for Thanksgiving

This year for Thanksgiving, we drove to Signal Mountain, just outside Chattanooga, Tennessee, to spend the holiday with my family. My parents still live on a farm there and my brother and his wife had their second child, a boy, the Thursday before Thanksgiving. I planned to cook the traditional Turkey, dressing and cranberry salad at my mother's then take dinner to my brother and his family in the valley.

Just before we left for the trip, my wife learned of her college roommate's mother's passing in Greenville, Tennessee, about 3 1/2 hours north of Chattanooga. Since we were also planning to drive to Durham, NC for the Duke v. Miami game, we made the detour for the funeral. This meant Four days of driving over a 6 day holiday weekend. We left Florida Tuesday evening and made it almost to Macon, Ga., before spending the night. Waking up in Cordell, we drove most of the morning to reach Tennessee; however, just before leaving Georgia, we stopped for lunch at my sister's house for lunch with her and her 3 wonderful children. Later that afternoon, we finally arrived at my Grandfather's farm on Signal Mountain. The evening centered on making the oyster dressing and cranberry salad with groceries brought from Florida.

Thanksgiving Day, I spent most of the morning walking around the farm after putting the turkey in the oven to roast. Mom, Dad and I surveyed the back fence lines and tried to find one corner so we could put the final fence up between my mom's property and that sold to a new owner. After we ate lunch, my brother finally arrived with his 2 year old son, so Andy and I walked the fence lines again to verify proper markings corresponded to the deeds issued by the probate court. After it got dark, Andy took dinner home to his wife and baby, and we planned to follow to get a look at the newest Ducker. Unfortunately, as we went to get in the car, I realized I did not have my keys. Fearing I had dropped them somewhere over the miles of fence line I had traversed today, all woodsy and briar filled, I was rather apoplectic. Thankfully my wife found the keys right where I had dropped them in our room.

On Friday morning, we left about sunup to drive to Greeneville for the funeral. My wife's college roommate's mother had been living in Greeneville, Tennessee, to be near one daughter who could take care of her to prevent having to go to an assisted living facility or nursing home. Ironically, the funeral occurred at Tusculum Baptist Church, across the street from Tusculum College, one of the schools my 17-year old is considering. We drove around before the funeral taking in the beautiful campus and sports facilities.

I'll have to write more tomorrow! If you need assistance in selecting an attorney in the Central Florida area for a Collaborative Divorce, Elder Law, Family Law, Guardianship or other question, please call me at 407-645-3297 or visit my website at www.aubreylaw.com

Thanks, Aubrey

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.