When a Divorce Goes to Court

Most people going through divorce would rather have it go uncontested and quickly. It simply does not, sometimes, and couples end up in court. It is not as common as television makes it seem, but sometimes it is simply the best, or only way to negotiate the best possible outcome of a divorce. Not all divorces end up in court, but when they do, it is usually because of specific events or reasons.

Domestic Abuse

If a partner files for divorce from an abusive spouse, proceeding out of court may simply not be possible. Communicating directly may be a danger and the abusive party may be unwilling to negotiate at all. Thus, a court appearance, make safe for the victim, may be the only way.

Lack of Cooperation

Generally, it takes two to divorce. However, if one person refuses to cooperate and sign off, then a court appearance may be necessary. One person cannot completely stop a divorce if the other insists it is necessary. If mediation does not work, either, then a judge must become involved. The uncooperative party could face legal repercussions if he or she continues to refuse by not appearing in court at the appointed time.

Someone Disappears

In the end, if one person really wants a divorce, it is probably going to happen. Even if one spouse tries to avoid a divorce by leaving, or is suddenly gone for any reason, and cannot be found, divorce is still possible. It may affect how long the procedure takes, but the person filing may appear in court to make the situation known to a judge.

Ongoing Disagreements

Divorce requires that issues be settled. When two people are separating, sometimes it simply is not possible, even if the two parties are generally amicable. When spouses need help negotiating, they may try mediation, first. If that doesn’t work, a court appearance might be necessary. This particularly true when children are involved. If spouses can’t agree on what might be best for the children, impartial parties must sometimes get involved.

Misrepresented or Hidden Information and/or Assets

Filing for divorce can be complicated. You must have all the right forms and provide many significant details about finances, children, and more. If the divorce is contested, all these details become even more important. There are still ways to stay out of court when a divorce is contested, but not sharing vital information is not one of them. If one spouse fails to produce discovery, whether accidentally or on purpose, you may end up in front of a judge.

Though not every divorcing couple ends up in court—arguably, even most are able to settle out of court—it is a possibility under certain circumstances. If you do go to court, things may also be much more expensive, as an attorney will most likely have to be present. In addition to avoiding the above, forego court appearances by seeking a licensed attorney’s help from the beginning. Affordable services are available. If you’re in Florida and need a divorce, call Miller Law. Let us help you stay out of the courtroom.

Move Through Divorce Negotiations

Divorce is sometimes the largest and most significant monetary expense a person might experience. The process can drag on, costing more time and money, as well as emotional strain. It is easy for spouses to be swept up in the details and emotions, and not realize just how much it is costing them, or what they could do to make it more simple, less frustrating, and less expensive.

Dealing with Anger

Anger and frustration are natural, and there is no shame in experiencing or expressing it in the appropriate settings. However, it can also be a detriment to your divorce proceedings; it can cloud your judgement, and cause you to continue and press for things that may not matter to you in the end. Anger can sometimes drive an individual to pursue more than they need, or to believe that their spouse is doing so. Spouses who work to put aside their anger while negotiating the terms of their divorce find it much easier to reach agreeable terms.

To work on controlling your anger in order to keep a clear mind and clean negotiations is one of the best things you can do for the sake of your divorce, and of your sanity. You may find you are better able to handle the situations calmly, even better than you may have thought possible. 

Moving Forward

Divorce is also a difficult thing to face, and all of the stress and responsibilities that may come with it can be tiring. It is important not to let that cause you to procrastinate. To avoid slowing things, it is best to move forward as swiftly as possible with negotiations and toward your future. Procrastination is costly. 

Start with strong organization; know what you have and what you need, and know the process before you. Choose the swiftest possible litigation option that suits your needs. If you can work with a mediator, that is often the fastest route. Taking these steps without hesitation means less time and money for you.

Get Help

You may be tempted to take care of everything yourself and avoid hiring an attorney at all. It is not impossible, but it is not recommended. Things can easily become complicated and leave you with even more stress, and you could end up paying for an attorney, anyway.

There is no shame in needing help, and it is far better to weigh your options and choose the attorney who suits you best than risk the complications of doing it yourself. It is possible to find a lawyer who can handle your case well while making it affordable for you.

Divorce does not have to drag on, nor does it have to be so expensive that you cannot afford it. If you control your emotions, prepare and avoid procrastination, and look for the best assistance, you can get through it. Contact us at Miller Law and find out how we can help you move through your divorce as quickly and affordably as possible.

Child Custody, Visitation, and Change

Divorce is difficult for everyone and the struggle of figuring out child custody, visitation, and support makes it even more so, particularly for the children. In the event that you and your spouse have to come to an agreement on child visitation and custody, there are some ways to help keep it amicable, and less painful and confusing for everyone.

Divorce is hard and confusing for children. It is important that parents make it as easy as possible on them by working together to create a new life for the children. Sometimes, parents get caught up in their own feelings about the divorce and one another, and inadvertently make things harder for the children. Keeping the peace and finding a way to agree on visitation is the best thing you can do for your children during divorce.

Keeping the Peace

Positivity is important. It may be very difficult to maintain, even part of the time, when you’re under such strain during legal separation. However, you may find that acting upbeat for the sake of the children can improve your own mood. Let them know that you and your spouse love them no matter what happens, that you’ll both be there for them, and show them that you can still be pleasant to one another. Arguing with your spouse will likely upset them and negate any feelings that things might work out just fine. Sharing the children and having visitation should be a time to focus on them and their feelings, rather than yours; you can take time to work through your feelings when you are on your own. Doing so won’t automatically make things easier, but working to keep the peace is a step in the right direction.

Maintain a Schedule

Divorce throws everyone’s life off track. You can, however, try your best to keep your children’s lives as normal as possible. If you can, keep up with any schedule they already have in place; get them to their schools, activities, meal times, etc. If you do have to make changes, do your best to make the transitions easy, and be agreeable with your spouse when doing so in front of the children. If you can work together with your spouse, create a schedule that works best for the children and for you. Add visitations, their appointments, weekends, and anything that may affect their lives. Come to an agreement on sharing the responsibilities. They need to know that their lives will change, but not necessarily for the worst. You may also want to consider spending a little extra time with them, such as adding a family dinner during your time with them.

Place Importance on Comfort

If your children spend time in a new home, make sure it has things that are comforting and recognizable to them. If they miss their things or their other parent, let them bring things over or call your spouse. Try not to be bothered by this; let them know you’re not offended. It’s about their comfort and not yours in those moments. It does not mean they do not love you, or that they will not be able to transition into the new life. They just need time to do so.

As you work on making divorce as easy on your children as possible, we can help with the legal part of child custody. Call us at Miller Law and find out how we can help you and your family.

Understanding Alimony

Alimony is a common concern during divorce proceedings. One person may request payments from the other during or after the divorce, or the courts may require that the spouse who earns more help support the one earning less for a certain amount of time afterward. The court decides this by reviewing all the case facts, particularly the financial circumstances of both parties.

The judge considers who is in need and who has enough money to potentially provide the alimony. The spouse seeking assistance must be able to show that they do not have sufficient income or the ability to earn enough, including investments, or separate property on which to live. A spouse’s education and skills are also a factor since they affect a spouse’s ability to earn. If a spouse needs education in order to increase earning capacity, alimony may be provided in order to assist in living while getting that education.

The standard of living during the marriage may also be a factor. If a spouse became reliant upon another and accustomed to a certain standard of living, alimony may help the person adjust afterward. The amount of time the two were married, age, children, and much more are all considerations in alimony decisions.

Types of Alimony

States have their own laws regarding alimony. Most decisions can be modified to suit the individual circumstances, and again when circumstances change. Alimony may also be tax-deductible for the person paying, and the recipient may be taxed. In Florida, there are five sorts of possible alimony:

• Temporary: Temporary alimony is issued when one spouse needs financial support during the divorce proceedings.
• Rehabilitative: This is meant to help a spouse who does not have a way to earn income, or to earn sufficient income, and needs education or assistance finding a job. This is particularly relevant if he or she has previously been completely financially reliant on the other during the marriage.
• Bridge-the-Gap: These payments begin after the divorce. They are made over a shorter period of time—no more than two years—to help a spouse with housing and other essentials during the transition—the gap between marriage and a single life—to a new life after marriage.
• Durational: This type of alimony is awarded if others are not enough to support the recipient. The length of time may be longer than something like Bridge-the-Gap alimony, but may not exceed the length of the marriage. So, if the couple was married for ten years, the alimony may not be paid for longer than that.
• Permanent: If the court determines that one spouse will be in need of funds permanently, then a judge may order permanent alimony. However, there must be strong reasoning behind this decision.

Whatever the circumstances, divorce is never easy. You want the best possible help to get through the legal issues and on to your new life. If you are filing for divorce in Florida, our attorneys at Miller Law Associates have the experience and understanding you need. Contact us and let us aid you in your divorce so you can get on with your life sooner.

Relocating with a Child After a Divorce

When you have children and you then decide to get a divorce from your spouse, the divorce process is much more complicated. This is because you now need to work out who is going to care for the kids and how the children should be spending their time. This is often contentious as both parents want to make sure they have time with their children and are able to build strong relationships.  It can become an especially big issue if either parent wants to relocate to a different area, as this can complicate visitation significantly.

What Happens if a Parent Wants to Relocate with a Child After a Divorce
When parents are negotiating a custody agreement during a divorce process and either parent wants to relocate, this issue is going to have to be decided. The question of whether a divorced parent can relocate with a child may also come up when there is already a custody order in place but either parent needs to be move for some reason.

When one of the parents wants to relocate, the parents should talk about the issue together and try to make a decision together.  If both parents agree, then the parent can relocate with the child according to the agreement they reach.  The parenting agreement that you reach at the time of a divorce can become the official custody order. If you already have a custody order in place and need to modify it so that either parent can move with the child, the process will involve submitting a request to the court. As long as both parents are in agreement, the court will generally sign off on the modification to the custody order that allows the move.

If the parents are not in agreement about relocation, this becomes complicated.  Parents can try to work out some way to make the relocation work for their family. For example, a child could visit frequently or could have telephone visitation every day with the other parent.  However, if they cannot come to a consensus and one parent still wants to relocate with the child, the issue is going to end up in family court and a judge will have to make a decision.

When a judge decides whether to allow a parent to relocate with a child or not, the judge is going to consider the best interests of the child. The judge will want to ensure that the decision that is made allows the child to have the most stable and supportive family structure. There are a number of different factors a judge considers in deciding whether to enter a relocation order, including the impact the relocation will have on the child's relationship with the other parent and with extended family.

It is important for parents to have a divorce lawyer representing them when they are coming to a decision about child relocation, as they will need to make the most compelling argument possible to try to convince the judge to side with them on whether to allow the relocation or not.

What Happens if One Spouse Hides Assets in a Divorce

Divorce involves splitting up marital property so each spouse gets a reasonable fair share of assets acquired during the course of the marriage. In order for property to be divided and for decisions to be made about spousal support and child support, if any, it is important to know how much money is being made and what assets the couple owns.

Unfortunately, sometimes one spouse in a marriage that is ending is unwilling to provide financial disclosures as required. This can make the process of divorce much more difficult and much more expensive for all parties involved in the process of ending the marriage.

If one spouse is hiding assets in a divorce, it is going to be virtually impossible for the couple to resolve their issues and create a divorce settlement outside of court. It is almost always better if a couple negotiates on their own about how property and assets should be divided, because this can allow each person to get more of what he or she cares about while also making the divorce cost less overall. However, if you suspect your spouse is hiding assets or is not being forthcoming about income and property, you probably do not want to just agree to a divorce settlement. If you agree to accept what your spouse is offering and there are hidden assets somewhere, you could be missing out on money that should be yours.

Mediation or a negotiated divorce settlement is probably not likely to work very well to get you what you deserve if your spouse is hiding assets because there is no real way to compel your spouse to provide financial information when these processes are used. By contrast, if you go before a judge in a litigated divorce and your spouse is hiding assets, the court can demand disclosures. If your spouse refuses to comply with a court order and/or you can prove your spouse is lying on financial disclosure documents, this can have serious consequences for your spouse including a potential charge of perjury or being held in contempt of court.

There are ways to find hidden assets, even if one of the two spouses is very unwilling to disclose. For example, a forensic accountant can sometimes be hired in divorce situations if one spouse is hiding assets. While this can be expensive, it may be worth it to hire someone to trace the money if you find yourself in a situation where you may be cheated out of a significant portion of what you actually should get when a marriage ends.

When a spouse hides assets in a divorce, this almost automatically makes the case a much more complex one. This means it is important for both of the spouses to be represented by a qualified and experienced legal professional. You should hire an attorney as soon as you can to get help in trying to ensure you get a fair divorce settlement.