South Florida Family Law Blog

While going through a divorce in Davie is certainly difficult, many of the clients that we here at The Minaya Law Offices, PLLC have worked with have seen this process free them from toxic (and in some cases, even abusive) relationships. If your relationship with your ex-spouse had reached such a point, then you may be relieved to have it behind you. That said, your relationship between him or her may be forced to continue if the two of you have children together. While you may be able to safely maintain your distance from your ex-spouse at most times, situations such as custody exchanges may force you to confront him or her in close quarters. 

Custody exchanges in particular can become stressful situations when tension still exists between you and your ex-spouse. Fortunately, you can ask to have such exchanges be monitored or supervised in order to avoid the potential for conflict. Per The Institute for Family Violence Studies, family courts will consider such requests when any of the following elements are present in a custody case: 

• Family violence 
• Substance abuse
• Mental illness
• Evidence of parental sabotage or alienation

You and your spouse have recently made the decision to get divorced in Florida and now you are faced with the very real possibility of having to pay alimony. This often-necessary payment could be required because of a number of options. Understanding why alimony is recommended and why you are being asked to pay may reduce your frustrations and aid you in reaching a beneficial agreement with the courts. 

According to Forbes, alimony is a payment that is usually court-ordered. You may be asked to pay it or your spouse may be asked to pay it. This depends on the working status of the both of you and your individual stability in relation to financial security. Some of the reasons why you may be asked to pay alimony include the following:

• Your spouse has less earning power than you do and will require significant time to rebuild his or her assets and savings.
• Your spouse helped you excel in your career during the marriage, thus strengthening your earning power. Meanwhile, he or she is relatively unemployable. 
• Your spouse has a lack of formal work experience because he or she opted to stay home and raise a family during the time you were married. 

Even with the major progress of same-sex marriage legalization in 2015, countless Americans face speed bumps when attempting to separate. For many, laws surrounding divorce were never clearly laid out from the start; for others, living in different states alone has caused issues. As for Florida's laws, same-sex couples who marry also have the rights to divorce. 

Indeed a liberating event, the nation's 2015 change in law was one to celebrate. The Tampa Bay Times sheds light on the problems, however, that followed the legalization of same-sex marriage, one of which concerned divorce. Previously, same-sex couples who sought separation faced a conundrum when they discovered divorce was not so simple. Known as "wed-lock," gay couples were trapped when Florida refused to divorce couples who had married in other states. Another hiccup in the system involved wills; spouses who sought divorce but could not do so also faced issues when attempting to write wills for family, since Florida law requires that spouses receive assets. 

There is no question that divorce is an emotional subject. Many couples enter the divorce process confused, angry and upset about a relationship that has them going to court. A dissolving or broken relationship, the stress of a major life change and challenge of court is a whirlwind of activity and it can bring out powerful feelings.

While it’s natural to have these feelings, divorce court is an analytical process where finances, property division and child custody are the primary topics. Courtrooms are serious, formal and direct. Impressions and how you present yourself matter along with all the financial details and sordid personal matters. Inappropriate behavior in court can be costly.