Russell G. Marlowe, PARussell G. Marlowe, PA2024-03-18T10:43:53Zhttps://www.russmarlowe.com/feed/atom/WordPress/wp-content/uploads/sites/1301063/2020/08/cropped-favicon-rgm-32x32.pngOn Behalf of Russell G. Marlowe, PAhttps://www.russmarlowe.com/?p=475012024-03-18T10:43:53Z2024-03-18T10:43:53ZMediation is usually required
With this goal in mind, Florida courts generally require parents to participate in custody mediation before going to court.
Mediation is not the same as a formal court proceeding. It is an informal meeting between you, your co-parent and a mediator.
You may have an attorney attend the mediation with you, although it is not required. You might prefer to simply talk with an attorney before mediation to learn how to prepare and how to act.
The mediator’s role
A mediator’s job is to remain neutral, listen to you and your co-parent’s positions on custody and help guide you toward a resolution. A mediator cannot take sides or force one parent to accept another parent’s custody requests.
If your custody dispute is filled with conflict and bitter feelings, you might be convinced that mediation will be pointless. While it is true that sometimes mediation is unsuccessful, you should still make a good faith effort to resolve your custody dispute at mediation.
You should not go in expecting to get everything you want. You will likely have to compromise, but overall, you will probably be happier with the outcome because you had a say in it.
Some benefits of mediation
Mediation is usually quicker and less costly than courtroom litigation. You may wait months or more to get to a custody trial.
You and your co-parent are always free to come to your own agreement about custody. If you do, there is no need for you to participate in mediation.
However, you should still have your agreement written down, signed by both of you and filed with the court to make it an official custody order. This often reduces the chance of future disputes or disagreements.
]]>On Behalf of Russell G. Marlowe, PAhttps://www.russmarlowe.com/?p=475002024-03-04T22:16:25Z2024-03-01T22:14:47ZProperty division in Florida
At Russel G. Marlowe, PA, our law firm understands that disputes and issues often arise during the property division process. While divorce is already an emotional and difficult time, our legal team has the skills and knowledge to guide our clients towards a resolution that considers their rights, interests and needs.
Florida is an equitable division state, meaning there should be an equitable split of the marital property between the spouses after the marital debts are accounted for. This means that any assets and property accumulated during marriage will be divided. This includes retirement accounts, pension plans, joint savings, and vehicles and real property regardless of who is named on the title or deed. To be marital property, they must have been acquired during the marriage or be a direct result of the labor and investments of the spouses during the marriage.
Factors to consider
While the presumption is that a 50-50 split is an equitable distribution, there are various factors that could help establish that such a split is not fair. Thus, certain factors can help determine what a fair and equitable division of property looks like for your unique matter. A factor often considered is the contributions to the marital assets made by each party, which includes those made to the care and education of the children and service as a homemaker.
Other factors include the economic circumstances of each spouse, the length of the marriage, any interruptions to the career, education or contribution of either spouse, the desire to retain certain assets, the desire to maintain the marital home for dependent children, any intentional waste of marital assets prior to divorce filing and any non-marital property that could be considered marital property. With these and other factors in mind, you could reach a resolution that is favorable to you.]]>On Behalf of Russell G. Marlowe, PAhttps://www.russmarlowe.com/?p=474992024-02-14T18:39:43Z2024-02-14T18:39:43Zrequest the court seal all or part of their divorce case so that the public does not have access to it.
However, to do this, a person will have to file a proper request and explain why their records should be sealed.
They should keep in mind that they are asking for an exception. This state’s practice is that the public should be able to find out what is going on in their state’s courts.
Keeping a divorce private is a good reason to consider mediation
Many couples, especially if they are professionals, executives or have a prominent role in the community, will want to keep the personal and financial details of their lives out of the public eye.
Likewise, business owners should remember that dividing property in a divorce may involve having to present evidence in court about their business’s operations. For business reasons, owners may not want this information available at the local courthouse.
One advantage to divorce mediation is that it can allow couples some measure of privacy. Although some information about their divorce will still be public, mediation can be very effective in keeping sensitive personal and financial details private since it is a confidential process that happens outside of court.
While mediation is not the right solution for every case, those who are concerned about privacy should consider it as a divorce alternative.]]>On Behalf of Russell G. Marlowe, PAhttps://www.russmarlowe.com/?p=474982024-02-07T17:15:19Z2024-02-06T17:13:03Zonly relevant law on the books says that if a parent wants to move, they must notify both the other parent and the court of their new address.
Courts entering custody and visitation orders must include this notice requirement as part of its order. Generally, this applies to any change of address, even in theory an address down the street. However, the court can for a good reason waive this requirement.
Custodial parents wanting to move should also make sure to review their custody and parenting order, as the order may include important details and requirements.
The court will allow parents to relocate if the court feels the move is in the child’s best interest. The court will consider several factors to decide whether the move is in a child’s best interest.
Practically speaking, here are some circumstances a Virginia court might consider:
If the parents agree to the move, the court is likely to allow it. Not in every case, but a custodial parent is often well-served by reaching out to the other parent to negotiate a solution if they need to move.
The court will consider how involved the other parent in their children’s life has been prior to the move. A court is more likely to approve of a move if the other parent has been absent or distant.
The distance of the move will matter. A move of 30 miles is more likely to get approved than a move to the other side of the United States.
The court will consider the reasons for the move.
Parents who need to relocate will want to prepare a convincing case
Northern Virginia parents may need to move for many good reasons. Often, job opportunities or family obligations may take people out of this area.
While parents are free to leave, a court with jurisdiction can prevent them from taking their children with them. In order not to be forced into having to decide between their children and a move, they will need to prepare a convincing argument.
]]>On Behalf of Russell G. Marlowe, PAhttps://www.russmarlowe.com/?p=474962024-01-30T17:43:27Z2024-02-02T17:41:12Z getting a divorce.
Some may have religious views against divorce or come from cultures which disfavor it. In other situations, people may have emotional or financial reasons to stay married.
At the same, those who are reluctant to divorce may have a critical need for legal protection both for themselves and, if they have them, their minor children.
While pursuing them can be complicated, there are options for Pasco County residents in this situation.
Usually, someone wanting to separate but stay married will need to negotiate
There are ways a Floridan can ask a court to set up a parenting plan, child support and spousal support even without filing for a divorce.
With respect to a dividing a couple’s property and debts long term, the spouses will have to sign a separation agreement or a postnuptial agreement.
These agreements give each souse some measure of protection and can spell out in detail their respective rights and responsibilities. However, if either spouse wants a divorce later, the court may re-visit the couple’s agreements.
The couple must be able to sit down and agree on how they will divide their property for this option to work as an alternative to divorce. It will take some careful forward planning to accomplish this divorce workaround.
It may also require help from a mediator or a legal team dedicated to resolving marital conflicts in a spirit of collaboration.]]>On Behalf of Russell G. Marlowe, PAhttps://www.russmarlowe.com/?p=474942024-01-19T17:07:07Z2024-01-19T17:07:07ZSpousal support factors
The court considers several factors when deciding how much spousal support to award. These include the length of the marriage and the lifestyle the spouses had while married. If the spouses were married for a long time, the court may be more inclined to award spousal support than in short-term marriages.
The court will also review each spouse’s financial resources, including their income, assets and debts, and their earning capacities. If one spouse left the workforce to raise children or manage the household, they may need spousal support until they can find employment or depending on their age and health, may need it permanently.
Modification
In some situations, it may be necessary to modify the spousal support order. However, there are certain conditions that must be met to do this.
First, there usually needs to be a substantial change in circumstances from when the original support order was granted. This may include a large increase in income or on the other hand, a job loss that causes financial difficulty.
It’s important that if you need to change the spousal support amount that you do not simply stop paying. That can carry serious consequences. Instead, you must go to court to make the change and you will need to bring evidence to support the modification request.]]>On Behalf of Russell G. Marlowe, PAhttps://www.russmarlowe.com/?p=474932024-01-05T11:39:12Z2024-01-05T11:39:12Zthe supreme court certifies family law mediators, but what do they do?
Why mediate?
The first reason is time and money. It can save time and money by avoiding lengthy and costly court proceedings by reaching a settlement that meets your needs and interests. You can also avoid making your family problems public as mediation is confidential. Finally, mediation can enhance your communication and cooperation with your former spouse or partner and reduce emotional stress and conflict.
What is a certified family law mediator?
A Florida Supreme Court Certified Family Law Mediator is a mediator who has met the certification requirements of our state’s supreme court. To get this certification, you must have at least a bachelor’s degree, and pass a written examination on mediation ethics, statutes, rules and procedures. Certified Family Law Mediators must demonstrate good moral character, and they must complete at least 16 hours of continuing mediation education every 2 years. Mediators must also have 100 education and experience points in mediation prior to attaining certification.
Why use a certified mediator?
Choosing a Florida Supreme Court Certified Family Law Mediator has several advantages. First, using a Certified Family Law Mediator ensures that your mediator has the training and experience to handle complex and sensitive family issues. Next, you know that they are familiar with the Florida family law system and its legal standards.
This means that you get all the benefits of mediation, along with ensuring that your mediator has the tools they need to ensure a reasonable and legal outcome is achieved.
]]>On Behalf of Russell G. Marlowe, PAhttps://www.russmarlowe.com/?p=474922023-12-28T18:53:20Z2023-12-21T18:49:48ZPetition the court
First, one parent must file a child custody petition with the court and serve the other parent with notice. If you and your former spouse can positively communicate, you can create a parenting plan that works for both parties. A parenting plan outlines how you will each meet your parenting responsibilities and how you will share time with your child.
It may be helpful to participate in mediation where a neutral third party, called a mediator, can help you and your former spouse reach an agreement. If you are unable to agree in mediation, the court can decide for you based on the best interests of the child.
Parenting plan
The parenting plan will vary slightly depending on your family’s circumstances, but generally includes a time-sharing schedule that addresses when the child will be with each parent, which parent has decision-making authority about education, medical care and religion, and how the parents will communicate with each other. The parenting plan should also outline options for dispute resolution.
It may also address how the child will be transported to each parent’s home, who will take the child to extracurricular activities, or which parent will attend school events.
If your family’s needs change over time, you or your former spouse can request a modification of the original child custody agreement. This may apply if one parent needs to relocate or it may need to be changed as the child approaches adulthood, for example.
The parenting plan is most effective when both parents can be flexible.]]>On Behalf of Russell G. Marlowe, PAhttps://www.russmarlowe.com/?p=474862023-12-18T10:51:58Z2023-12-07T10:46:56Zcollaboration.
The basics of a collaborative divorce
In a collaborative divorce, the parties choose attorneys who are willing to agree to forego a trial even if the parties cannot agree to settle their differences through negotiation. The parties then retain a neutral financial planning expert and a neutral family counselor (or mental health counselor). This “collaborative team” then works together to identify and resolve the issues in the divorce.
The basic issues
In virtually every divorce, the parties must resolve the following differences: division of assets, child custody and visitation, child support, and spousal maintenance (also known as “alimony”). While the issues may bear similar names, the financial situation of the family and other factors such as ethnic and religious backgrounds, will bear heavily on how the divorcing spouses choose to resolve their disputes.
The mechanics of a collaborative divorce
Once the team has signed a collaborative divorce agreement, which contains the mutual agreements of the team to forego a courtroom trial, the team meets together to identify issues and explore possible solutions.
The team does not have the power to force the divorcing parties to accept any particular solution; instead, they have the power to suggest potential solutions to the parties.
If one party rejects a suggestion, the team may modify the proposal or focus on an entirely new attempt to solve the issue. The team will work through each issue by proposing compromise solutions. No proposal is binding on either party unless it is accepted by both parties.
If the parties reach an agreement, it is presented to the judge for approval. The judge will issue a final judgment and decree that dissolves the marriage and orders the relief embodied in the negotiated settlement. If the parties are unable to negotiate a settlement, they must retain new attorneys and proceed to trial.
Despite the fact that some collaborations fail to resolve all issues in a divorce, most knowledgeable divorce attorneys recommend either mediation or collaboration as a useful alternative to a full-scale court room trial.
]]>On Behalf of Russell G. Marlowe, PAhttps://www.russmarlowe.com/?p=474822023-12-04T17:55:26Z2023-11-21T17:54:11ZMediation overview
Usually, the mediator starts by explaining the mediation process and confirms that you both understand that you are entering into discussions voluntarily. The mediator will not make a decision for you but can help you identify issues to discuss like asset division, child custody and spousal support.
Once you and your spouse reach an agreement, the mediator can help you draft a written agreement that can be presented to the court. If the court approves the agreement, it will issue a final divorce order including those terms. The court order is final, and both spouses must comply with it.
Benefits
Mediation may offer several benefits. It is often less expensive than a traditional court process and each spouse can share the costs. It can reduce conflict, which is especially helpful if you and your spouse have children. Overall, it can be a less emotional process than going to court.
It may also be less time-consuming if you and your spouse can resolve outstanding issues without court intervention. It can give you more control over decisions and it is generally confidential.
The decisions that you and your spouse make in mediation are customized to your needs and circumstances.]]>