How To Get Divorced Better With Mediation


“Till death do us part…” Whether you incorporated these traditional words into your wedding vows or went with something less conventional, the intention was the same: to enter into a binding, lasting relationship with your spouse. Sometimes, however, that doesn’t work out, and you find yourself in a divorce. With the proper perspective and commitment, your divorce doesn’t have to be a war.

How To Get Divorced

With the proper perspective and commitment, you can learn how to get divorced better with mediation and other cooperative strategies, especially if you have children.

Divorce does not have to mean the end of your relationship as co-parents, but the reinvention of it. It is possible to develop a new, working relationship with your ex, but an outside expert is often essential. Mediation can be beneficial to help you establish expectations for your new roles as they relate to helping your children adjust and reach their potential in school and life.

A qualified, impartial mediator can help turn down the volume on any emotional turmoil that may be present between you and help you focus on the work of raising happy kids. Potential conflicts can be prevented, and any gaps in the Parenting Plan can be filled in, which provides peace of mind.

Ultimately, mediation does not work in some cases. But if both parties give it a try – sometimes several tries – they might find they can begin to rebuild respect for each other, and what could be better for all involved?

Want a better understanding of how to get divorced using mediation for an improved outcome? Email Keith@AttorneyGrossman.com, or call toll free: 877-687-1392, or locally: 239-210-7516.

If you’re interested in the role emotions play during a divorce, read my free e-book, “Does Every Divorce Need a Shark?”

Does Every Divorce Need a Shark

 


Child Support and Alimony Rely Upon Your Financial Affidavit


A divorce often brings strong emotions about who’s right and who’s wrong. The courts are set up to deal with facts, not emotions.

Financial Affidavit

One of the most important tools for determining facts, especially for child support and alimony, is the Financial Affidavit, which both parties are required to complete and file with the court.

Completing your Financial Affidavit can be an unpleasant task, and it can feel intimidating when so much is riding on getting it right. The final order will factor in your income, expenses, assets and liabilities, which you will provide in your Financial Affidavit, to determine the division of property, and any child support or alimony.

Get help from your attorney or financial planner to get you through this important paperwork. One common mistake that can end up being costly is guessing rather than doing the work of finding the correct numbers. The best-case scenario is to have a good understanding of your financial picture before divorce proceedings are underway, but many times people find themselves unprepared.

Regardless, it’s important to take your time and go through your credit card bills, utility payments, bank statements, hospital bills, mortgage or rental receipts, etc., and get the numbers right. Not only can little errors affect the final order, but intentional omissions or mistakes on this document is considered perjury.

Divorce is tough enough, so make it easier on yourself by asking for help when needed and filling out your Financial Affidavit in a conscientious fashion. And if anything changes in your situation, you should update your Financial Affidavit.

Do you need assistance with completing your Financial Affidavit? Email Keith@AttorneyGrossman.com, or call toll free: 877-687-1392, or locally: 239-210-7516.

If you’re interested in understanding the role emotions play during a divorce, read my free e-book, “Does Every Divorce Need a Shark?”

Does Every Divorce Need a Shark


Getting A Divorce Agreement Straightened Out


By Melody Porter, Esq. at Grossman Law & Conflict Management

“My former spouse tricked me! Can I set aside my divorce order?”

Divorce Agreement

This question comes about when one former spouse believes the other former spouse got them to agree to a settlement agreement based upon lies. Getting a divorce agreement straightened out can be tricky.

The Florida Rules of Civil and Family Procedure authorize setting aside a divorce order only in limited circumstances. Unfortunately, in most cases, it is not appropriate to set aside a Final Judgment of divorce – even if actual fraud (lying, trickery, etc.) has occurred.

Florida case law requires that any attempts to set aside a Final Judgment must state that:

  • there was a misrepresentation
  • the person knew the falsity of the misrepresentation
  • the person made the misrepresentation intending the other person would rely on it
  • the other person acted upon it
  • the other person’s reliance caused damage

There are also time limitations placed on attempting to set aside a Final Judgment.

Although there are challenges to setting aside a Final Judgment, it can be done when you closely follow the technical rules involved. Please call us if you would like to speak with an attorney about the specific circumstances in your case.

Contact Melody directly at MPorter@AttorneyGrossman.com.

Would you like more insight on how to deal with your feelings when you are working through straightening out a divorce agreement? Email Keith@AttorneyGrossman.com, or call toll free: 877-687-1392, or locally: 239-210-7516.

If you’re interested in learning more about emotions during a divorce, read my free e-book, “Does Every Divorce Need a Shark?”

Does Every Divorce Need a Shark

 

 


What Is Divorce In Same-Sex Marriages?


By Danielle Levy, Associate Attorney at Grossman Law & Conflict Management

What is divorce in same-sex marriages?

Same-Sex Marriages
Photo credit: joseanavas / Foter / CC BY

As many states have passed laws permitting same-sex couples to marry or enter into civil unions, we have seen an influx of couples, who relocated to Florida from the state they got married in and now wish to get divorced in Florida. This group of people is unable to obtain a divorce in Florida because the state’s constitution was modified in 2008 to include a ban on same-sex marriages, and Florida does not recognize these marriages entered into legally in other states.

Additionally, these married couples may be further limited and unable to obtain a divorce in a state that recognizes their marriage because of strict residency requirements. Essentially, they are stuck in their marriage with no legal remedy that is otherwise provided to other married couples.

In August 2014, a federal judge in Florida ruled Florida’s same-sex marriage ban is unconstitutional. However, we are currently waiting to see the outcome of the appeal before these marriages would begin to be recognized. This ongoing debate seems to be par for the course across the country. Various judges are ruling similar bans to be in violation of the due press and equal protection clauses of the U.S. Constitution, while others are upholding these bans. Most recently the U.S. Court of Appeals in the Midwest struck down same-sex marriage bans in Wisconsin and Indiana and a federal judge in Louisiana upheld Louisiana’s ban.

This is certainly a hot and ever changing topic. Contact our office if you or a friend is interested in learning more about how the laws are changing and what can be done when faced with feeling trapped in these marriages.

Contact Danielle directly at DLevy@AttorneyGrossman.com.

Have questions about divorce? Email Keith@AttorneyGrossman.com, or call toll free: 877-687-1392, or locally: 239-210-7516.

Interested in learning more about how to address the emotions involved when going through a divorce? Download the Free e-Book: “Does Every Divorce Need a Shark?”

Does Every Divorce Need a Shark


How Do You Take Care Of Yourself When Getting A Divorce?


How do you take care of yourself when getting a divorce? Divorce is hard. It’s hard on you, physically and emotionally.

Taking Care of Yourself

Photo credit: mikecogh / Foter / CC BY-SA

At our practice, we take great pride in providing collaborative solutions whenever possible and managing conflict at every opportunity. No matter how hard we work at it, though, we acknowledge our family law clients are dealing with one of the most stressful times in their lives. No matter how bad it feels, you should know it will get better and there are things you can do now to help you get through it and arrive at the other side with your head held high.

Here are just a few ideas you can put into use right now:

– Talk with an attorney.
Whether you and your spouse are communicating well, or are in a state of high conflict, speak with an attorney about your options, get a feel for if you “click” with this person and whether he or she is committed to advocating for you.

– Practice saying “no.”
We often have negative associations with the word, but it can be the most positive word you can say. During this time, you need to budget your time and energy. Are you overcommitted? Pass on anything that doesn’t speak to your priorities.

– Take a walk.
The rhythm, cardiovascular benefits and time away from your usual space can do wonders if you’re dealing with stress, uncertainty or fatigue.

– Talk with a friend.
The divorce process can feel isolating. Actively lean on your friends for conversation, a cup of tea or doing something fun.

– Relax.
That might sound like a tall order. Try attending a trial class at a yoga studio or identify the activities that help you get “out of your head.” Do you like to paint? When’s the last time you just sat and watched a sunset? Turn on some soothing music. Take a bath. Close your eyes and concentrate on breathing deeply.

– Laugh.
It really is the best medicine. Combine a couple of these tips and bring a friend to that stupid comedy movie you otherwise wouldn’t have seen.

– Find professional help.
There is never any shame in taking care of yourself, and a mental health counselor is a specialist in helping you do just that.

– Give yourself a break.
If you feel overwhelmed, realize that it’s normal. Print out this list and carry it with you and add to it as you find new strategies for coping. When you’ve made it through, hand it off to a friend.

Need help in finding the best way to apply these ideas on how to take care of yourself while going through your divorce? Email me: Keith@AttorneyGrossman.com or call my toll free number: 877-687-1392, or call my local number: 239-210-7516.

Would you like a better understanding of the emotions you are experiencing related to the divorce? Download my free e-book: Does Every Divorce Need a Shark?

Does Every Divorce Need a Shark