Overwhelming Numbers

Chief Judge Fredrick Lawton announced this week that one of two Business Court judges would be transferred to the Family Court Division beginning in January. This is to relieve the family court judges who currently have more than 25,000 open cases.

Many family court cases involve unrepresented parties at critical times in their lives. The emotional impact of family court cases affect children, parents, extended family and friends in many and various ways.

The recent shooting in Texas, ostensibly caused by a family conflict where the shooter was targeting his former mother in law was not the cause of this change, but is a startling example of the potential harm engendered in many family matters. Judge Lawton introduced this plan at the OCBA meeting last Thursday and stressed the need for more judges in the circuit. Although studies have shown a need for more than 7 additional judges in the Ninth Circuit over the past few years, no new judges have been added by the legislature for the past 10 years.

Unfortunately, Florida is learning what low taxes and tightening budgets means for the basic functions of government. As the Legislature continues its war against the Judiciary, the citizens of Florida suffer. By lowering funding from the budget for courts, the legislature has made the courts focus on revenues generated by filing fees, fees for services, fines and penalties. These fees transfer the costs of the court system to litigants and offenders but reduce the overall effectiveness of courts for the average citizen who may feel excluded from access to the justice system overall due to the high cost of litigation.

While big businesses and corporations routinely ad costs of litigation to their budgets and pass these on to consumers, citizens as individuals can rarely plan such expenditures. Corporations employ in-house counsel and hire law firms to advance their interests both in litigation and in lobbying the legislature for limits on liability and restrictions on lawsuits that could harm their bottom line. Again, John Q. Public does not normally enjoy these opportunities.

When your family faces a crisis, call on an attorney who knows how to solve problems rather than exacerbate the situation. We practice Collaborative Divorce, Elder Law, Family Law and Guardianship as well as representing families in Educational problems.

Visit our website at www.aubreylaw.com and let us know how we can assist your family.

Separating your Finances Before you File for Divorce

Finance-related conflicts are one of the top reasons why American couples divorce. For the most part, all financial actions an individual takes during his or her marriage are actions made on behalf of the couple. This means that if one party accrues debt, the other can be liable for it.

If you know your marriage is headed for divorce, there are a few things you can do before you actually file your divorce paperwork to make the divorce process less stressful. One of these is separating your finances from your spouse’s. Although you might not be able to completely separate your finances without the court’s aid, you can certainly take a few steps to start the process. If you are married to an individual who is rapidly accruing debt or making poor decisions with your marital funds, make it a priority to separate yourself financially from him or her as soon as you can.

Separating your finances before you file for divorce should never be done in an effort to hide assets from your spouse or hoard them for yourself. Doing so most likely will backfire on you. Be honest and transparent with your spouse about all your financial decisions and explain why you want to separate them ahead of the divorce.

Work with a Financial Advisor

In Florida, a divorcing couple’s assets are divided equitably. This means that both parties receive an appropriate share of marital property according to their contributions to the marriage and their individual needs after the divorce. To get a clear picture of your marital estate, work with a financial advisor.

Using the information from your financial advisor and guidance from a divorce lawyer, you can begin the process of separating your finances. Your spouse and his or her lawyer also need to be part of this arrangement.

Close Joint Accounts and Transfer Balances to Separate Credit Cards

One of the easiest ways to make the asset division process easier is to close your joint checking, savings, and credit card accounts. Divide the money within checking and savings accounts between yourselves and transfer it to new, separate accounts. For your credit card debt, work out a way to pay down as much of it as possible. If you still carry a balance, transfer it to two new, separate cards.

Transfer Titles to your Property

If you have assets that have both your names on the title, transfer the titles so they become separate assets. Generally, couples do this with their vehicles. If you know you want to retain the marital home, you can also do this with the house in conjunction with a refinance.

Refinancing to Separate your Assets

Talk to your lawyer about your options for refinancing large assets like your house. This can be part of buying out your spouse’s interest in the property. Your divorce does not have to be final for you to refinance the home in your name only.

Work with an Experienced Winter Park Divorce Lawyer

Contact The Law Office of Aubrey Harry Ducker, Jr., P.L.C. today to schedule your initial consultation with an experienced Winter Park divorce lawyer. During your consultation, we can discuss separating your finances while your divorce is pending and strategies for handling your property division.

https://www.marriage.com/advice/divorce/10-most-common-reasons-for-divorce/

 

Who Else Benefits from a Collaborative Divorce?

Many couples choose collaborative divorce because of its benefits, like its low cost compared to litigation, the non-combative nature of the process, and the greater likelihood that they will reach a mutually satisfying settlement through collaboration. The benefits of collaborative divorce do not stop here. Many other people in a divorcing couple’s lives, particularly their children, can reap significant benefits from the couple’s choice to do a collaborative divorce.

If you are considering collaborative divorce, think about how your choice will impact the other people in your life now and those who might enter it in the future. Of course, the decision to divorce through collaboration should be made according to whether it is the right choice for you and your spouse – if it is the right choice, its benefits will ripple to your other relationships.

The most important aspect of a collaborative divorce is the actual act of working together with a spouse to create a divorce settlement that benefits both parties. Collaborative problem solving is a skill that a divorced individual can continue to use in interactions with the former spouse and new partners in the years that follow his or her divorce.

Your Children

After you and your spouse, your children are the ones who can benefit the most from your collaborative divorce. This is because through the collaborative process, you are the ones to determine your parenting plan, rather than the court. You know your children and their needs best and if you and your spouse are willing to work together, can develop an ideal parenting plan that promotes productive co-parenting.

Your Families and Mutual Friends

When a couple divorces, it is natural for their families and friends to feel they have to “take sides.” This can be very difficult for individuals who are equally good friends with both halves of a couple and even family members who have grown attached to their in-laws. Choosing collaboration generally makes it possible for the divorcing couple to remain on good terms, which can make the divorce easier for their friends and loved ones.

Your Future Partners

You or your spouse might date again. You might even marry again and have more children with a new partner. Having a poor relationship with a former spouse can hurt new relationships, especially when there are children involved. Effectively communicating and co-parenting with a former partner can make it easier for a new partner to enter your life and your children’s lives. It can also make maintaining this new relationship easier by eliminating the chance for conflict with a former partner on issues related to your children.

Work with an Experienced Winter Park Collaborative Divorce Lawyer

Before you commit to a collaborative divorce, speak with an experienced Winter Park divorce lawyer about the specifics of your case. Your lawyer could find that collaboration is right for you or he or she could steer you in a direction better suited for your case. Contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today to set up your flat-rate consultation in our office.

https://www.flcourts.org/core/fileparse.php/533/urlt/995a.pdf

Four Mistakes to Avoid with your Collaborative Divorce

Choosing a collaborative divorce over ending your marriage in the courtroom can save you time, money, and stress. Simply making the choice to divorce this way is not a guarantee that the divorce will be easy, though. You can make mistakes during your collaborative divorce that set the process back, cost you money, and can make it impossible to complete the process. Understanding these mistakes before you begin the divorce process is the key to avoiding them.

 Number 1:  Refusing to Compromise with your Spouse

 A collaborative divorce only works when you are willing to compromise with your spouse. Before your first collaborative divorce meeting, sit with your lawyer and make a list of your priorities for the divorce, ranked from highest to lowest. Brainstorm the compromises you are willing to make and those on which you stand firm. If you are not willing to budge at all, you will not be able to reach a mutually satisfying settlement.

 #2:  Being So Willing to Compromise that you Do Not Advocate for Yourself

 The opposite of refusing to budge on your priorities is being so willing to acquiesce to your spouse that you come away from the divorce with nothing you wanted. Remember, this is your divorce too. These are your marital assets, your children, and your future. Be willing to advocate for yourself and know when to put your foot down.

 3: Not Taking Care to Anticipate and Manage Disagreements

 You should know where you and your spouse stand on issues like alimony and parenting time before you start working on your collaborative divorce. When you identify your priorities with your lawyer, brainstorm ways to resolve the conflicts that you think will arise. Talk about these conflict resolution strategies with your spouse before the meetings as well and stick to the resolution protocol that you establish.

 4.           Being Unrealistic About your Divorce’s Outcome

 Your lawyer can help you bring your expectations for the divorce in a realistic direction. Unless your spouse is violent, suffers from a crippling addiction, or otherwise puts your children in danger when they are together, chances are you will not have sole custody of the children. Similarly, do not expect to come away from the divorce with all of your marital assets simply because you worked outside the home while your spouse worked as a homemaker. You are both entitled to a fair share of your marital assets and the opportunity to maintain a consistent relationship with your children. Enter the divorce process knowing that although you will probably not get exactly what you want, you can work with your spouse to reach a settlement that gets you pretty close.

 Ok, how about a 5th? Not working with an Experienced Collaborative Attorney

 

Work with an Experienced Winter Park Collaborative Divorce Lawyer

 A collaborative divorce is a great way to complete the divorce process in an amicable, stress-free way. If you are interested in ending your marriage through this process instead of the traditional courtroom divorce, contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today to schedule your initial consultation with an experienced collaborative divorce lawyer in Winter Park.

 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

 

Great Article on Affairs in The Atlantic

Marriages are not Immune to Affairs. Marriages today are very different. Affairs are also different. Difference is the key and the cautionary tale as follows:

https://www.theatlantic.com/magazine/archive/2017/10/why-happy-people-cheat/537882/?utm_source=fbb

Should You Ask for a Paternity Test? Depends . . .

If you are not sure about your child’s parentage, yes. There are legal reasons why a parent would have his or her child’s paternity determined as well as personal and medical reasons. Even if you are not looking to establish parental rights to a child, having a paternity test performed can help you determine his or her genetic health risks and give you peace of mind.

 A Biological Father is Not Always a Legal Father

 When a child is born to a married woman, her husband is automatically the child’s legal father regardless of whether he is the child’s biological father. If the mother is not married, the child’s biological father is not automatically put on the child’s birth certificate and granted parental rights. In order to be the child’s legal father, he must sign a voluntary acknowledgment of paternity at the time of the child’s birth or later in the child’s life.

 If the child’s mother and the alleged father do not agree that the man in question is the child’s biological father, one can file a paternity action to have the child’s paternity established by the court or the Florida Department of Revenue Child Support Services. Genetic testing is used to determine the child’s parentage.

 Determining a Child’s Parentage can be Part of Establishing Parental Rights to Him or Her

 In family law, the most common reason why an individual would seek a paternity test is to establish parental rights to a child. Having parental rights grants an individual the following:

●       The right to seek custody or parenting time with the child;      

●       The right to seek child support for the child;   
●       The right to cover the child with your health insurance and other benefits, like veteran benefits and Social Security; and                    
●       The child’s right inherit to your assets following your death if you do not have a will. 

Filing a Paternity Action in Florida

 A child’s mother, the child’s alleged father, a legal representative of the child, or the Florida Department of Revenue can file a paternity action to have a child’s parentage established.

When a party seeks to establish paternity through a court order, the court may order a genetic paternity test and require one or both of the parents to pay for it. In contrast, a genetic test ordered as part of an Administrative Order of Paternity through the Department of Revenue is free. In both scenarios, the final judgment establishes whether the alleged father is the child’s legal father. This does not automatically grant him child support or time with the child, but it does grant him the right to seek these things.

 Work with an Experienced Winter Park Family Lawyer

 Navigating issues of paternity, parental rights, and child custody can be tricky. If you find yourself entangled in these issues, an experienced Winter Park family lawyer can guide you to a productive solution. To get started with our firm, contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today to schedule your initial consultation in our office.

 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/Sections/0742.10.html

http://floridarevenue.com/childsupport/Pages/paternity.aspx#fifth

 

Collaborative Divorce for Unconventional Circumstances

Every marriage is unique. Logically, this means that every divorce is unique, even though they generally involve the same issues to settle, such as how the couple’s property is divided and how the couple with handle co-parenting after the divorce. There is no one-size-fits-all divorce method, and when couples try to force their divorces to fit specific molds, they often come away feeling frustrated and unsatisfied with their divorce settlement terms.

Collaborative divorce puts couples in the drivers’ seats of their divorces, rather than leaving the rulings that they will have to live with up to the court. Collaborative divorce is an especially attractive option for couples with unconventional circumstances and needs, such as business owners and those willing to try modern co-parenting arrangements like birdnesting.

You Know What is Best for your Children. Develop the Ideal Co-Parenting Plan for Them
There are many different ways to handle co-parenting after a divorce. When the court makes a co-parenting determination, it does so with the child’s best interest in mind. You might determine that your child’s best interests are served by a birdnesting agreement or another alternative timesharing arrangement. If you and your spouse agree to an unconventional parenting plan like incorporating boarding school or time with extended family, work together to include this in your collaborative divorce settlement.

Some Couples Live Together After their Divorces
For some couples, the idea of living with a former spouse is laughable. For others, it is necessary and even attractive. If you are considering remaining in the same household after your divorce, even if you are in different units of a multi-family property, it is important to take this into consideration when developing the terms of your divorce settlement. Remaining in close quarters after your divorce can make it easy to deviate from your property division settlement, so it is important that you are clear and in total agreement about this settlement before starting live as a cohabitating divorced couple.

Splitting Up or Reorganizing your Business is Easier when you are In Control
If you and your spouse owned a business together, valuing the business so it can be equitably divided between you is an important part of the divorce process. But what if you both want to continue operating the business? In a case like this, your interests will still have to be divided and you will continue the business operation as partners.
Even if you do not want to continue operating the business together, you will need to find a fair way to divide it. Whether one of you plans to continue operating it will determine how you divide it and its assets.

Work with an Experienced Winter Park Divorce Attorney
Contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC today to set up your initial consultation with an experienced Winter Park divorce attorney. During your consultation, you can discuss your specific divorce goals and needs with Mr. Ducker to determine an appropriate plan for ending your marriage. Never assume that your ideal divorce is unattainable – it, or something close to it, could be very doable through collaborative divorce.
Resources:
nypost.com/2016/04/28/is-birdnesting-the-stupidest-or-smartest-divorce-trend-yet/
thebalance.com/business-valuation-methods-2948478

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

 

Is Collaborative Divorce Better than Mediation?

Collaborative divorce and mediation are two forms of alternative dispute resolution (ADR) that divorcing couples can use to complete the divorce process. One is not inherently “better” than the other, but one can be a better fit for your divorce. Which type of ADR is better for your divorce depends on your relationship with your spouse and the unique details of your marriage.

 Go into the divorce process with an open mind and do your research about your options. Work with your spouse to determine which divorce method is best for you – if you choose collaborative divorce, you will need to work cooperatively with him or her. You can determine if this is possible by seeing how well you can work together to determine the right divorce method for yourselves.

 How Mediation and Collaborative Divorce are Different

 Mediation and collaborative divorce both take place outside the courtroom. With both types of ADR, the divorcing couple maintains a high amount of control over their divorce.

 There are differences between the two, though. The primary difference between collaborative divorce and mediation is the absence of a mediator in a collaborative divorce. A mediator is a neutral third party who guides the divorcing couple toward their settlement, whereas with a collaborative divorce, the couple handles this process with their lawyers.

It Could be Better for your Divorce

 Whether collaborative divorce is better for your divorce than mediation depends largely on your ability to work cooperatively with your spouse. Although both divorce methods are less adversarial than a courtroom divorce, having a mediator present can lessen any lingering tension between a couple whereas in a collaborative divorce session, tension can leak into the couple’s interactions.

Whether collaborative divorce or mediation is better does not just depend on your personalities. Your level of knowledge about the divorce process can also determine whether you are better suited for one or the other. A mediator can explain each part of your settlement and how agreements are reached. He or she is a guide to divorce, whereas with a collaborative divorce, you and your spouse guide yourselves. Of course, you have a divorce lawyer no matter which type of divorce you choose, and your lawyer can answer any questions you have and provide you with the advice you need. But a mediator is an additional layer of professional advice and guidance, guidance that is meant to empower you and your spouse to make productive, fair choices about your divorce settlement.

 Work with an Experienced Winter Park Divorce Lawyer

 If you are considering a collaborative divorce, work with a divorce lawyer in Winter Park who has specific experience facilitating this type of divorce. Contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC today to set up your initial consultation with Mr. Ducker. During your consultation, you can discuss your specific divorce concerns with him and have all your questions answered so you can move forward with your divorce as an informed participant.

 https://www.law.cornell.edu/wex/alternative_dispute_resolution

How to tell if your Divorce is affecting your Children, and How to Help!

A divorce can be difficult on every member of a family. Children, even very young children, are perceptive to their parents’ conflicts and can feel stressed about the changes to their lives that come with a divorce. The reality of potentially having to move, no longer seeing each parent every day, possibly meeting their parents’ new partners, and adjusting to a different routine can have a significant impact on a child’s mental and physical health. If you are a parent going through a divorce, you can take steps to reduce your child’s stress levels.

Know How Divorce Tends to Affect your Child’s Age Group and Gender

Although there are many other variables that can impact how a child is affected by his or her parents’ divorce, the child’s age and gender can help parents predict and recognize the mental health difficulties he or she faces. Boys tend to become angry and aggressive and often show this by fighting and acting out in school. Girls are more likely to become withdrawn and depressed.

Preschoolers and school age children can suffer most from feeling like they have no control in a divorce. Teenagers can feel betrayed and may become angry and attempt to be more independent.

 Look for Warning Signs

 A few warning signs that a child is in mental distress about his or her parents’ divorce include:

●       Acting out at school;     
●       Poor performance on schoolwork;       
●       Changed personality;   
●       Withdrawal from social activities;        
●       Changed eating or sleeping habits;         
●       Reduced self esteem; and                           
●       An unwillingness to discuss the divorce or his or her feelings about it. 

Encourage your child to communicate with you about the divorce. If your child has questions, answer them in an age-appropriate manner that provides enough information to satisfy the question without overwhelming your child. Keep these discussions positive – do not make negative comments about the divorce or your former partner, no matter how you feel about them.

Help your Child Receive Help if Necessary

If you observe one or more of the symptoms discussed above in your child, your child’s pediatrician can refer him or her to a child psychologist or licensed counselor. Consider working with a counselor who specifically handles divorce-related issues in children. Your child’s school psychologist or guidance counselor can also be a helpful resource for him or her. You, too, can help your child during and after your divorce. Maintain structure in your household, such as daily and weekly routines and a set of rules and expectations. This can help your child feel secure and eliminate feelings of confusion and anxiety.

Work with an Experienced Winter Park Divorce Attorney

As a parent, it can be difficult to know the right thing to do for your child when you are going through a divorce. Understand that you are not alone and when you need help for your child or yourself, your divorce lawyer can point you in the right direction to get that help. Contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. in Winter Park today to set up your initial consultation in our office.

https://www.psychologytoday.com/blog/surviving-your-childs-adolescence/200908/parental-divorce-and-adolescents

http://www.livescience.com/37908-divorce-hardest-on-young-children.html