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If you’re facing a divorce or child custody battle, you have surely considered how expensive the proceedings may be. Horror stories about these cases costing tens of thousands of dollars are common, so anything that can lessen the impending cost is welcome for most. Pre-suit mediation is the best way to handle grievances without the full-blown costs of a court trial.

What is Pre-Suit Mediation?

Pre-suit mediation involves bringing both parties together in a legal environment that is less formal than a traditional court. With the assistance of a court-appointed and trained mediator, the parties will share their grievances and evidence, discuss the issues, and hopefully come to a compromise that works for everyone.

Many courts favor pre-suit mediation as the best way to resolve conflicts and lessen the burden of cases on the court system, especially for child custody disputes. Some courts and judges even require pre-suit mediation prior to divorce and child custody. (more…)

A prenuptial agreement is a written agreement entered into by two prospective spouses before their marriage which dictates what happens to their finances during and after the marriage, if it ends. Prenuptial agreements are also called premarital agreements or prenups. These are legally binding agreements that are enforceable by a court of law.

It’s important to always have any prenuptial agreement you intend to sign reviewed by a qualified divorce attorney prior to signing! Your attorney can review each provision in the agreement to ensure it fully complies with state laws. Any section of a prenup that violates the law is not enforceable.

But, what about voiding a part of the prenup even though it is legally compliant? Well, that’s a different story. There are very few reasons why a prenuptial agreement, or parts of the agreement, may be voided here in Florida. Those valid reasons include: (more…)

Alimony is money paid to one ex-spouse by the other due to a financial disparity between the two parties at the time of divorce. Alimony is usually decided at the time of the divorce, but prenuptial agreements may also include provisions for alimony payments. Alimony can be in the form of monthly payments or a lump sum. While most alimony cases only last for a few months or years, recipients of permanent alimony can receive payments for the rest of their lives in certain cases.

Who Must Pay Alimony?

Alimony may be ordered to be paid by either the former husband or wife in the divorce decree. Judges in Florida divorce proceedings use a two-part test to determine if alimony is a possibility. The first part of this test assesses the potential recipient’s need for alimony. If it is determined that alimony is necessary, the judge will then assess the potential payer’s ability to afford alimony payments. If both parts of the eligibility test are passed, the judge then decides how much the receiving spouse will collect. (more…)

A divorce in Florida is known as a dissolution of marriage, and divorces can be either simplified or regular. Simplified divorces occur when both spouses petition the court for the divorce and are in complete agreement about how everything should be handled. In a regular divorce, only one spouse petitions the court for the divorce, and the other must respond to that petition.

Regular divorces can be even further broken down into uncontested and contested. Uncontested divorces happen when both spouses agree on how to divide marital assets and debts, handle child custody, or determine alimony payments. A contested divorce happens when the spouses do not agree on one or all of these things. In the case of a contested divorce, a judge ends up deciding how to split property, accounts, and time with children. The steps of a contested divorce case are: (more…)

What is a prenup, and why would I want one?

A prenuptial agreement, also known as a premarital agreement or a prenup, is an agreement between two prospective spouses as to the management, control, and division of assets and debts in the event that their marriage to each other ends in a divorce.

Prenuptial agreements aren’t just for the rich and famous. If you have any type of assets prior to getting married, a prenup will ensure that you don’t lose what you earned before marriage. Common assets that you can protect with a prenup include:

• Inheritances and rights of children from prior relationships
• Property purchased or inherited before the marriage
• Property expected to be received as part of a future inheritance
• Savings accounts
• Investments
• Retirement accounts and pensions
• Insurance policies
• Sentimental items and heirlooms

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