Talking to Your Spouse about Collaborative Divorce

When you have reached a point in your marriage where you know it is over, it is not always easy to have calm, grounded conversations with your partner.  
                                      
If you can manage to speak amicably, you can make the divorce process much easier for yourselves. One significant way you can make the divorce process easier is to choose a collaborative divorce.

If your spouse is not familiar with the concept of collaborative divorce, discuss it. Get all the information you can and have a kitchen table talk. There are many benefits for you both if you choose this type of divorce. Below are a few tips you can use to start and work through this discussion.

Present it in an Objective Way

Rather than trying to convince your spouse that a collaborative divorce is best for you, present it in an objective way. Contrast collaborative divorce with a traditional courtroom divorce and mediation, which could also be a route to explore for your divorce. Talk about the processes associated with each. Consider the costs of each. Consider where these costs will be paid.

Discuss the Benefits of Collaborative Divorce for your Divorce

Consider discussing the benefits of collaborative divorce in an objective way, like citing cost comparisons between the different divorce methods. During this discussion, bring up the reasons why you feel a collaborative divorce is ideal for you, which could be your ability to work together amicably or your desire to split your marital assets in a specific way, making it necessary that you retain control of the divorce process. Your reasons might not be more specific than that you want to save money, and there is nothing wrong with that. Your reasons for wanting to try collaboration are valid, as are any hesitations your spouse might have.

Encourage your Spouse to Do His or Her Own Research

You cannot decide how you will divorce on your own. Give your spouse the time to do his or her own research on the process and if he or she raises objections, listen to them. Your spouse might have a very different point of view about your marriage and how well you can be served by a collaborative divorce. It is important that you remember not to try to convince your spouse to agree to a collaborative divorce because it is what you want, but to work with him or her to determine the ideal divorce method for your divorce. If you cannot reach this initial agreement amicably, collaborative divorce probably is not right for you.

Work with an Experienced Winter Park Divorce Lawyer

If you are considering using collaborative law to end your marriage, work with a divorce lawyer who has experience handling collaborative divorces. Even though you are in control of the divorce when you choose collaboration, your lawyer can provide you with the essential legal advice and representation you need to successfully complete the process. To get started, contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today to set up your flat-rate consultation with us, either in our office or at your preferred location.

http://www.investopedia.com/terms/m/maritalproperty.asp

 

 

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.

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