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South Florida Family Law Blog

Challenges of same-sex divorce

Same-sex couples in Florida are now able to enjoy the same benefits of marriage as their heterosexual counterparts. Unfortunately, with marriage there also comes the possibility of divorce. While gay couples are free to divorce as well as marry, there are some complications that couples may encounter once they start the process. 

According to CNBC, one of the biggest issues that comes up is the length of marriage vs. the length of the relationship. Some couples have been together for years but their marriage certificate makes it look like they have only been together for a little while. This can factor into decisions such as spousal support, parental rights and asset division. If the divorce proceedings occur in a court setting there may be less of a chance of equal division or support of any kind. Because of this, experts recommend that the best way to make these decisions is through mediation. This allows both parties to work with a neutral party and discuss what each side wants and what is fair. Often this process results in better outcomes and fewer bad feelings.

Alex Rodriguez and ex-wife spar in media over alimony

Alimony and spousal maintenance may be only meant to serve as a temporary form of financial assistance to help a former spouse get back on their feet financially. Thus, one who is obliged to pay such support may feel frustrated is they feel as though their ex-spouse no longer needs it. A drastic change in one's financial circumstances may also make it difficult for one to meet an alimony obligation. This may prompt a petition to either modify or end such an obligation. It may without saying that such action may be met with contention. 

That is what appears to be the result of former baseball star Alex Rodriguez's request to lower the monthly payment he currently makes to his ex-wife. Rodriguez reportedly pays her $115,000 every month (a portion of which goes towards supporting the couple's two daughters). Yet he claims that since his retirement from baseball, his income has been significantly reduced. While he has expressed a willingness to continue to pay child support, Rodriguez claims that his wife is now a rich woman who can support herself. He also has expressed frustration over his perception of also having to support her current fiance and the child they two have together. His ex-wife has responded by claiming that it was Rodriguez himself who requested that she forego work to raise their girls. She also states that she is willing to reduce what he owes, but not to the extent that he wants to. 

Your home and mortgage in a divorce

When getting divorced, many spouses in Florida want desperately to stay in their homes. Some wish for this for the benefit of providing stability to their children during a time filled with so many other changes. This is certainly a reasonable desire for a legitimate purpose but it may not necessarily be in a person's best interest financially to do this.

As explained by Bankrate, if one person is going to remain in the home and assume financial responsibility for it, that person should get their own solo mortgage rather than keeping the existing joint mortgage. Even if a divorce decree identifies one party as the person responsible for the home, the lender may still consider both persons named on the loan as responsible for any debt associated with that loan.

How can I better discipline my child as a single parent?

It can be tough for many Florida parents to effectively discipline their children. This is especially true after divorce, when existing behavioral issues may be complicated by the effects of the separation. There are steps you can take to prevent discipline issues from occurring, as explained by VeryWellFamily.com.

Don’t put your child in the middle

How can I help my child adjust to adoption?

Families in Florida looking to expand their home to a child in need may choose to adopt. When adopting toddlers or older kids, adoptive families should take certain steps to create a smoother transition into their homes. This is especially true when adopting children from overseas, who may find adapting to their new environment extremely rough. Parents magazine offers the following advice in this case, which will ensure your child feels comfortable.

Use soothing contact

How does Florida law help you receive your owed child support?

Many parents with sole custody face a former spouse that stops paying required child support payments. Your child needs these payments for their school activities and entertainment, but you require these payments to help provide for your child’s basic needs. How will you sustain yourself or your child without your ex-spouse’s funding?

In Florida, multiple remedies exist to ensure that you receive your court-ordered child support payments. Yet the most important action to take after not receiving payments is speaking with an experienced family law attorney. These attorneys have years of experience surrounding divorced parents and child support, and he or she can help you decide which action to take to quickly obtain your missing payments.

What are the benefits of same-sex marriage?

Since 2015, same-sex couples around the country, including Florida, are now able to marry and enjoy all the rights granted to their opposite-sex counterparts. However, if you and your partner are considering getting married, you may still have some confusion about what those rights entail and what benefits the two of you stand to gain if you get married. 

While it may not be a good option for every couple, FindLaw explains that marriage offers same-sex couples benefits previously denied them in terms of government benefits, joint ownership of property and estate planning.

Family law challenges and job loss

When it comes to family law challenges, there are many different hurdles that people may have to work through both during and after their divorce. Moreover, these issues may also have an impact on their lives in other ways, some of which positive and some of which are negative. For example, someone’s job may be affected by family law matters they are facing in a number of ways.

Sometimes, these stressors can have a negative impact on someone’s ability to carry out their job responsibilities temporarily, although they are eventually able to move forward. In other instances, someone may find themselves out of work, which can make it even more difficult for them to move forward in life. When family law matters are not handled appropriately, and people struggle with unfavorable outcomes, they may lose their job for a number of reasons. For example, they could have a hard time concentrating at work and their performance may decline.

What is a lifestyle analysis?

For divorcing couples in Florida, financial issues are usually tough to navigate. That’s why the financial analysis is so important. Sometimes referred to as a financial affidavit, this document is provided to your legal team to determine things like division of assets and whether alimony is warranted for either spouse. Forbes explains how a lifestyle analysis works and why it’s so important.

Establishing a standard of living

How can I choose a guardian for my child?

When thinking about the future, selecting a guardian for your minor child can seem daunting. Along with the unpleasantness of the task, you may feel overwhelmed when faced with choosing a suitable guardian considering the gravity of the situation. In order to make the process a bit easier to manage, Parenting offers the following advice.

Communicate with your spouse

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