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divorce Archives

When should people file for a divorce modification?

If you have terminated your marriage in Florida, you more than likely have a settlement that explains the terms of the divorce. Divorce settlements involve factors, such as child support and alimony. Although the terms included in the divorce settlement are set and may be enforced by law, there are circumstances that may allow the settlement to be modified. According to Florida Statutes, if one of the parties experiences a significant life change, it may constitute a settlement modification.

What is gray divorce?

If you are married, over the age of 50 and are considering legal separation or divorce, you may become part of the trend known as ‘gray divorce.’ The number of people who have filed for divorce later on in life has grown considerably over time, leaving some researchers to look at why older Americans have decided to terminate their marriage after decades of being together. A study conducted by researchers at Bowling Green State University have found that while one in 10 people over the age of 50 filed for divorce in 1990, one in four people of this age divorced in 2009. That number is predicted to grow to over 800,000 gray divorces by the year 2030.

How is property divided in Florida?

When you file for divorce or legal separation in Florida, you may be forced to negotiate a wide-range of topics with your spouse. One of the most difficult may be that of property division. It can be hard separating all of the marital property and assets that you have accumulated during the time you were married. Florida is an equitable distribution of property state, meaning that the judge presiding over the case will determine who is entitled to what based on what he or she deems fair and equitable. You may want to try to negotiate the terms of the divorce settlement before the case is given to a judge.

Splitting up the retirement accounts in a divorce

At the Law Office of Philip J. Schipani in Florida, we know how difficult your life becomes when you begin going through a divorce. In addition to whatever issues you and your spouse may have with regard to your children, you may also have issues with regard to your property division. This is especially true if both of you have retirement accounts that make up a large portion of your overall assets.

Should you avoid using social media amid divorce?

If you are among the many Florida residents who are currently going through a divorce, you may find that you are relying on social media more than usual, whether for support, entertainment or in an effort to help combat loneliness. There are, however, certain actions you can take online that can hurt you in your divorce and affect your ability to secure alimony, maintenance or what have you. Thus, you might be wise to tread carefully when using the internet until your divorce becomes final.

Balancing alimony, taxes and divorce settlements

People in Florida who make the choice to get divorced have many factors to evaluate before they agree to a final settlement with their former partner. Some of these things are emotional, some are financial and some may be a bit of both. In the division of assets and debts, there is generally some type of tax liability that accompanies different assets and this liability can go a long way toward changing the actual amount of money a particular spouse either pays or receives. One way this is balanced for some couples is with the allotment of spousal support payments.

The many advantages of a mediated divorce

At the Law Office of Philip J. Schipani in Florida, we know that going through a divorce is one of the most stressful and emotionally draining periods of your life. We also know that more and more couples, regardless of their differences, wish there were a better way to obtain a divorce than the traditional litigation process that often becomes a courtroom battle between opposing lawyers on behalf of their intransigent clients. There is a better way. It is called mediation.

How to financially prepare for divorce

Going through a Florida divorce is rarely easy or seamless, but there are certain steps you can take before, during and after the process that can streamline it and help you adapt in its aftermath. At the Law Office of Philip A. Schipani, we understand the many financial considerations that come into play as you prepare, file and adjust after your divorce, and we have helped many clients navigate their way through the process and achieve solutions that meet their needs.

Is Florida a community property state?

If you are a Florida resident contemplating divorce, you undoubtedly have many concerns. Which of you will get custody of your children? Which of you will have visitation and how much? Will the judge allow you and your children to continue to live in your family home? How will (s)he decide to divide all your household property between you and your spouse?

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Law Office of Philip J. Schipani
1605 Main Street, Suite 608
Sarasota, FL 34236

Phone: 941-549-8981
Fax: 941-366-7331