Relationships and family matters are one of the greatest joys we can have in life, and they can be one of the biggest stressors when things go wrong. Once a marriage stops working, people begin looking for ways to settle matters and move on with their lives. The problem is that making a clean break is not always that simple, especially when children are involved. Legal disputes are a stressful period in one’s life. 

Stress can only be enhanced when confusion is mixed in. One of the biggest questions that clients can have is whether they should opt for an attorney or a mediator. Some even believe that the two roles are synonymous, while others think that only one is an option. People that are new to the legal system can easily become confused by the roles of an attorney and a mediator. Before deciding which one meets your needs, it is vital to know the difference between the two roles.

Mediator

Mediators can be attorneys, but it is not a requirement. The mediator’s role is to provide mediation to parties in a dispute. This means helping the people involved communicate their issues and concerns, along with helping them reach an agreement around the dispute. Mediators are not supposed to decide who is “right” and who is “wrong” or tell people what steps to take to make things right. Mediation is about talking to both parties and actively working on a solution that makes sense to the mediator and the parties in the dispute. Mediators can assist in making communication more manageable, but they have to be neutral at all times. They are also not allowed to provide therapy, legal advice, or counseling to clients.

While mediation is centered around working things out and coming to an agreement, this isn’t always possible. Oftentimes, people in such sensitive disputes can be very emotional and un-agreeable. In such situations, it can be challenging to find common ground that works for everyone involved. In a situation where an agreement is reached, that agreement must be put in writing and signed by the parties involved, making it a legally binding document.

Attorney

The role of an attorney is quite different in these types of disputes. They are there to stand by their clients’ side and advocate for them. They have one goal, and that is to get the best possible result for their clients. Your attorney will enter into negotiations with the other party’s attorney and try to negotiate on your behalf. If these disputes cannot be settled, the issue will carry on through the family court system. Here, attorneys will present their case to the court in a trial, after which a judge will ultimately decide on the outcome. It is important to note that, unlike a mediator, an attorney cannot represent both parties in such disputes because it is a conflict of interest.

Knowing where to turn in these stressful times will help you get through the proceedings more easily. Ultimately, both attorneys and mediators are looking to help you resolve the problem and help you move forward. Mediators aim to do it through communication with the other party, while attorneys represent you and advocate for you as well as look out for your best interest. 

Debora A. Diaz is an attorney concentrating only on divorce and family law cases. She is a Supreme Court Certified Family Mediator and is also available to mediate your case.

Written by Debora A. Diaz, Esq.

Is Inherited property Marital? www.deboradiazlaw.com

Is Inherited Money Marital Property in Florida?

A dispute over money or property can lead to conflict even in the most cordial of divorces. It’s one thing for soon-to-be-former spouses disagree over money or assets that they have earned during their marriage. However, inherited assets often have a sentimental value to one of the spouses, which makes then an entirely different matter. According to Florida law, a spouse may be entitled to a part of your inherited assets, but there are certain things you can do to protect them.

Florida as an Equitable Distribution State

Florida practices equitable distribution, meaning that the court aims to divide marital property during divorce in an equitable and fair manner. The distribution should be equal, and the court will begin with that assumption. However, the distribution may be adjusted if appropriate for a specific case. Many factors come into consideration, including the duration of the marriage, the economic circumstances of each spouse, the contribution of one spouse to the other’s education or career, and each spouse’s contributions to the marriage.

Inheritance as Marital Property

The division of marital assets, property, and debts in Florida is based on what was accumulated during the marriage by both spouses. However, in some cases, only one spouse will be a beneficiary to assets when someone passes away. When this happens, where the assets go will tell you how they will be divided.

For example, A and B are married and, during their marriage, A inherits $100,000 from a relative. The money is kept in a savings account with only A’s name on it, and it is not used for the couple’s living expenses. In the meantime, B files for divorce and wants half of the $100,000. Since the money wasn’t used to enhance their lifestyle together or placed in a joint bank account, the money is most likely going to be considered non-marital and will belong to A. The money would be ruled marital funds if it was used to benefit them both or put into a joint account.

If the couple has children and their divorce case involves alimony, the rules are somewhat different. Alimony is based on the length of the marriage, the marital lifestyle, the needs of a spouse, etc. If one spouse is the beneficiary of the inherited money, the ability or need to pay the alimony is lessened.

For example, A and B are married, and A inherits $100,000 from a relative. They decide to divorce, and B claims a need for alimony. If the inheritance is considered a non-marital asset, A has all the money available immediately. A may still have to pay alimony, which depends on his or her ability to pay alimony, the length of the marriage, and A’s actual needs. The fact that A now has certain funds available will also be factored into what his or her actual needs are. If the couple has been living on $500,000 per year, then $100,000 isn’t going to provide for his or her needs in the long term.

If you need help to determine whether your inherited money is considered a marital or non-marital asset, as well as how to prove the money is inherited, call Debora A. Diaz, Esquire at 727-846-1802 to schedule a consultation.

Attorney Diaz is also a Supreme Court Certified Family Law Mediator and is available to mediate your case.

Written by Debora A. Diaz, Esq.

Will

To help avoid the need for the state to decide how your estate should be distributed, it’s a good idea to have your last testament and will in place. Without it, the state will determine the division of your assets according to its intestate succession statutes, which may occur contrary to your wishes. According to Florida law, any provisions of your will that would benefit your former spouse will be invalidated, unless the will was created after the divorce or states otherwise. If you haven’t provided a secondary designation for assets that would otherwise go to your former spouse, the state will have to determine where the assets should go.

If a spouse dies during a pending divorce, the surviving spouse will inherit through the deceased’s will. In case there is no will, and if there are no children from a previous relationship or outside the marriage, the surviving spouse will inherit all assets. It won’t be possible to completely disinherit a former spouse until the divorce is finalized – a surviving spouse can claim up to 30% of the value of the deceased’s estate. These rights can be waived only by a prenuptial or postnuptial agreement.

After Divorce

After the divorce is finalized, the law treats your former spouse as if they had died at the time of the marriage dissolution. Once the divorce is complete, there is no need to change your will, but it is still a good idea to change beneficiary designations on all assets where your former spouse is named. Also, you will want to revisit any revocable trust you had created to handle some of your assets. If the trust was created before the divorce and your only and/or primary beneficiary is your former spouse, the provisions that benefit him or her will be invalidated by Florida law. When it comes to distributing your assets according to your wishes, your trust could become meaningless without a secondary beneficiary.

Beneficiary Forms

When filing for divorce, you will have to provide a comprehensive list of all your assets, including your insurance policies, retirement plans, and other types of assets that require you to name a beneficiary. Make sure to update those forms after the divorce by naming someone else as the beneficiary. Failing to update those forms can cause unnecessary confusion and stress in case of your death.

Children

If you have children from the marriage with your former spouse, you may not be able to prevent him or her from becoming their guardian. However, you can keep your former spouse from taking control of your assets that you leave for the children (including your home, bank accounts, insurance proceeds, etc.).

If you have questions about divorce, child support, shared parental responsibility, time-sharing/parenting time, and parenting plans, contact Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.

At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients.

Attorney Diaz practices exclusively in divorce and family law in Florida. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

Written by Debora A. Diaz, Esquire.

Filing for Divorce: How to Prepare Yourself

Your marriage is not working. You’re sure you want a divorce. However, before you officially file for divorce by filing a document called a Petition for Dissolution of Marriage, you should be aware that there are steps you should take that will protect you, your assets, and parenting rights. 

By knowing all the steps involved in the divorce process, you are less likely to be caught by surprise and experience the drama and frustration that comes with being unprepared. And if kids are involved, being prepared will make the whole process more comfortable and more peaceful for them. Here is what you should do before the proceedings begin: 

Understand the Divorce Process in Its Entirety

There are different divorce options, and the one you choose will depend on factors like minor children, joint debts, and property. If you and your spouse don’t share any of these, then you’re looking at a reasonably quick and inexpensive divorce process. 

After you’ve filed a Petition for Dissolution of Marriage, the court will serve your spouse with the paperwork. If your spouse agrees on how to divide property and debt and share responsibilities for any children, the divorce can proceed and be finalized without a trial. However, if there is no agreement or the spouse denies that the marriage is broken beyond repair, you may be ordered by the court to attend marriage counseling for up to three months. 

Have a Solid Exit Plan 

Think about your finances, career, children, and future goals. You can’t fully expect to survive on alimony and child support to cover your finances as your spouse may fight to keep as much money as possible. Before you file for divorce, know how you will make ends meet. Create new goals for the future. In the weeks or months leading up to your divorce, you may start putting money aside and save it in a separate bank account. 

Prepare for Custody Disputes 

In a perfect world, parents would divorce amicably and share parental responsibilities equally. Unfortunately, this is not always the case, and ex-spouses will dispute over time-sharing and child support. Leading up to filing for divorce, keep a diary on your children’s appointments and extracurricular activities. Keep a record of expenses relating to their school, activities, and so on. In cases where child safety is an issue, make copies of any police reports or evaluations that demonstrate why you should have custody of the kids and not your spouse. 

Be Ready for How Long It May Take

How long a divorce takes in Florida depends on whether it is contested or uncontested. Uncontested divorces, where both parties agree on everything from child support to division of debts and property, can take as little as four to five weeks depending on the jurisdiction ad the judge assigned. A contested divorce, however, can take far longer, with some taking six months to a year or longer.

Get Organized and Prepare Your Documents 

To divide your assets and debts, the court will need to see copies of your bank statements, mortgage documents, tax returns, and all documents related to income. You will also need to prepare documents related to life insurance, marital debts, and titles to assets like real estate or vehicles. 

Seek Legal Advice 

Be sure to consult with a lawyer during the preparation stage. A family law attorney can help you review your options and give you a rough estimate of the costs of divorce. Your divorce lawyer will not only give you expert advice; they will make the process less stressful and ensure there are no delays, so you can get divorced as quickly and painlessly as possible. Most importantly, they will guide you so you don’t make mistakes that may cause financial harm or unfair sharing of your kids and assets. 

Debora A. Diaz is your Pinellas, Pasco, and Hernando County Divorce Lawyer who has been practicing in all areas of family and marital law since 1995: divorce, domestic violence, child support, temporary custody, paternity, time-sharing, relocation, and dependency. 

Family Law Attorney Debora A. Diaz offers a consultation at a reduced rate to discuss the facts of a particular situation and to inform the client of the applicable laws. Be informed. 

If you have questions about divorce, child support, shared parental responsibility, time-sharing/parenting time, and parenting plans, contact Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.

At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients.

Attorney Diaz practices exclusively in divorce and family law in Florida. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

A significant determining factor in child custody and visitation decisions in Florida involves the living accommodations of each parent. Where each parent lives and how this may impact the child’s best interest will both be taken into consideration. 

It is an antiquated notion that children of divorced parents automatically live with their mother. Today, many fathers fight to be the primary custodian of their children. In cases where there is a child custody dispute, the child will most likely live with the parent who can provide the most stable living situation. The judge will want to know where the children will sleep and how much space you have in your home. Here are a few other things the judge will consider when it comes to your living situation: 

Safety 

The court’s duty is to ensure that the child’s emotional and social development are maintained. This can be achieved by ensuring they live primarily with the parent that can provide their basic needs and ensure their health and safety. Therefore, allowing them to live in an unsafe house, environment, or neighborhood would be a violation of that duty. Unsafe environments may expose the child to convicted sex offenders, substance abusers, poisonous materials, drugs, and weapons, or extreme temperatures.

Enough Space to Accommodate the Child 

The court will expect that the parent’s accommodations provide enough space for all the children involved. This also impacts overnight visitation decisions. If you have four children spending the weekends with you, they should not have to cramp together in one bed. The courts may require proper and distinct sleeping accommodations for each child, particularly for infants and toddlers. 

School and Extracurricular Activities 

It is usually in the child’s best interest to not disrupt their lives and pull them out of their school, separating them from their friends, favorite teachers, and extracurricular activities. A parent may insist that they will live in a district that has better schools. This will be taken into consideration along with the child’s ability to adjust to change, particularly if that parent’s home will provide the child with more safety and security. 

The Child’s Age 

Older kids will need more space and privacy. You may be required by the court to provide a teen child with their own bedroom, specifically a private place for them to get dressed. Sharing of rooms between siblings is typically not an issue as long as the children have adequate space to maintain their health and safety.  The people who are going to be around the children during time-sharing is also another important consideration.

Whether your children live with you or you enjoy regular overnight visitations, your goal should be to provide your kids with safe accommodations. To learn more about what qualifies as an adequate living accommodation in Florida that will help you with a custody dispute, consult a lawyer specializing in divorce and family law. 

Family Law Attorney Debora A. Diaz offers a consultation at a reduced rate to discuss the facts of a particular situation and to inform the client of the applicable laws. Be informed. Contact Debora A. Diaz at 727-846-1802.

Attorney Diaz is also a Supreme Court Certified Family Law Mediator and is available to mediate your case.

Holidays and special occasions have long been a source of conflict and stress for families of divorced parents. What happens when both parents want their child to spend Thanksgiving or Christmas with them? Or what if each parent wants to throw their child a party on the exact day of their birthday?   

To help co-parents deal with child visitation and time-sharing, especially during the holidays, preparations, agreements, and parenting plans are vital. Before making any holiday and travel arrangements, be sure to revisit your parenting plan to ensure you’re honoring it. 

Why Mediation is Necessary for Parents Negotiating Holiday Celebrations 

In a perfect world, divorcing parents would sit down and draft the terms of custody and time-sharing without friction. Settlement agreements, child custody orders, and parenting plans are necessary to enforce time-sharing and holiday scheduling. 

To avoid ugly child custody battles, courts encourage parents to use programs like mediation that help them resolve custody and time-sharing disputes.

During mediation, you and your ex-spouse are accompanied by your attorneys, and you will meet a neutral third party to discuss issues pertaining to child custody, time-sharing, and holiday scheduling. 

When designing a parenting plan, allow your child’s best interest to guide you. Think about the goals that you both share and what kind of childhood you want for your children. 

Go over all the meaningful holidays for all the years that your children are minors. There are a number of ways you can share the holidays. However, one of the most common and easiest ways to split the holidays fairly over the years is by alternating years. For example, your child will spend Christmas with you this year and spend Christmas with your ex-spouse the following year. Alternatively, the holiday itself may be split; the child can spend Christmas morning with one parent but transfer to the other parent’s house in time for Christmas dinner. Some parents may simply decide that they will get the kids on the same holiday every year. 

Every family is unique, and specific holidays may be best experienced with a certain parent. For example, the ex-spouse may agree that the dad should take the kids for Halloween because he lives in a neighborhood where trick or treating is safer or simply more fun. They may also agree that the children will enjoy the 4th of July with the mom more because she lives in a community with the best fireworks. 

Modifying a Parenting Plan 

Children grow up. Their needs and interests change. Their parents’ lives change too. Parents may need to move because of their jobs. The dad or mom may remarry and move to another neighborhood or state. The children may mature and take an interest in one parent’s religion and, therefore, wish to celebrate certain holidays and traditions with them. 

Even if you and your ex-partner designed the perfect parenting plan when the kids were younger, it may at some point need to be modified as your child grows up. Parenting plans and time-sharing schedules can be modified by agreement or by proving a “substantial, material, and unanticipated change of circumstances.”

To learn more about modifying parenting plans and time-sharing agreements, contact Debora A. Diaz, Esquire at 727-846-1802.

If you have questions about divorce, child support, shared parental responsibility, time-sharing/parenting time, and parenting plans, contact Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.

At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients.

Attorney Diaz practices exclusively in divorce and family law in Florida. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

Written by Debora A. Diaz, Esquire