April 12, 2022
The process of getting divorced can weigh heavily on your financial status and mental health, as it’s quite a costly procedure that can put so much stress on your shoulders. Therefore, divorce mediation may be a viable solution for couples who are on good terms and are willing to come to an agreement or settlement with each other.
If you’re looking to use divorce mediation as a method for marriage dissolution, here’s all you need to know about it:
What Is Divorce Mediation?
The process of divorce mediation is a system in which a married couple comes together to dissolve their marriage through a mutual agreement with the help of a third-party mediator. Contrary to popular belief, the mediator doesn’t act as a judge when they are present in the discussion. They actually act more like a peacekeeper than a referee. They don’t have the authority to order the couple to do anything. They are just there to ensure that the process is civil, legal, and safe for both parties.
Divorce mediation is less expensive, less stressful, and much faster than a divorce trial, which is why many couples opt to go with this option instead of taking the case to court. It’s not unusual to see a couple decide to not break up after going through this process, as it gives them both a chance to hear each other out.
What If There Are Kids Involved?
When there are children involved in the case, the nature of the mediation process will naturally become more complicated. The mediator in these cases will shift their focus from the parents to the children, as their wellbeing is paramount. For this reason, the mediator needs to know the basics of child custody, child support, visitation time, and more. They need to be able to tell whether the child’s best interests are being represented or not, as that will ensure the process is done legally and with as little impact on the child’s life as possible.
How Does Mediation Work?
Divorce mediation is done in many sessions, where the terms for each section of the divorce are discussed and agreed upon. This includes alimony, child custody, child support, and property division. The process may or may not involve a lawyer, as the initial processes will only have to do with the drafting process of the final divorce agreement. You can then bring the draft to your lawyer so they can check if it’s fair to you or not.
Mediation doesn’t have a time limit, which means that it can go on for years, or it can be done within weeks, depending on the complexity of the case.
Will Divorce Mediation Work in My Case?
Typically, if you are on good terms with your spouse and the cause of the divorce has nothing to do with abuse, adultery, or fraudulence, mediation is the way to go. It helps avoid further conflict and allows you to save money and time. Additionally, if you have children, you won’t have to put them through a heated court case, which can have a long-lasting impact on their development into adulthood.
Despite what the mainstream media wants to tell us, many people who are looking to get a divorce are on much better terms with one another than you imagine. The separation is usually caused by a lack of communication or understanding, which is why meditation is such a popular option.
Dorsey Law JAX has the best family attorneys in Jacksonville, FL. We also specialize in criminal law and personal injury. If you need help determining the terms and conditions of child support, get in touch with us today.
April 5, 2022
When two people with a high net worth get a divorce, the procedure becomes exponentially more difficult owing to the magnitude of the assets that must be found, valued, and split. Furthermore, high net worth couples may face additional challenges when determining custody, child support, and alimony matters because higher income levels mean that the basic calculations that the state produces are no longer the presumptive amounts, and there are many ways support can be calculated that result in many different amounts.
Given the numerous moving parts involved in the dissolution of these marriages, it is critical to be aware of the frequent mistakes to avoid during a high net worth divorce that might adversely influence the outcome of your case.
Avoid the Mistake of Hiding Assets or Debts in a High Net Worth Divorce
Another serious mistake to avoid during a high-net-worth divorce is attempting to hide any assets or property from the other spouse. In most high-asset divorces, each spouse’s counsel may consult with a jointly or individually engaged forensic accountant to ensure that all assets are appropriately found and valued. As a result, attempting to conceal any holdings by failing to disclose them in the belief that they would be overlooked may not only be useless, but may also expose an offending individual to legal penalties in some situations, as well as a court awarding the non-offending spouse a greater distribution.
Accepting a Settlement Offer to Speed up the Process
Divorce is never an enjoyable experience. Emotions and stress levels can (and typically do) soar. Sometimes you just want to agree to whatever your spouse proposes for a property settlement so you can cut connections and move on with your life. This, however, may not be in your best interests.
You may have agreed to take too little or too much spousal and child support, and you may be receiving less than your fair share of assets. Furthermore, the future tax effects of your actions may not be noticeable right away, but unfavorable consequences may follow you for years.
Your divorce attorney will play a key role in helping ensure assets and liabilities are divided in a way that is in your best interest.
Avoid Lavish Expenditures During Your Divorce
In a high-net-worth divorce, both parties have a lot riding on the case’s outcomes. As a result, some high-net-worth spouses wrongly feel that by spending lavishly before filing for divorce, they may raise the alimony they may be entitled to, keep the expensive objects as part of their settlement, or simply try to keep that amount of money out of the final division. However, it is essential to note that this strategy is risky.
If you are caught spending lavishly before it is time, your spouse’s attorney has the right to ask for punitive damages for any unreasonable expenditures. Furthermore, your attorney may require you to disclose any pre-divorce expenditures, and the judge may end up attributing the money to your spouse.
Assuming Your Divorce Needs to Be Difficult
Anger and years of frustration may lead to nasty conflicts in many high-net-worth divorces. However, don’t expect your divorce to be a protracted struggle with your soon-to-be ex-spouse. If you and your attorney can reach an agreement in your best interests, you may be able to avoid the time and money that might come with unnecessary litigation.
Not Using a Skilled Divorce Lawyer
Don’t make the mistake of assuming that all divorce lawyers are the same. Although your coworker or brother may have had a positive experience with their attorney years ago, it is critical to select an attorney with whom you are comfortable working and who has the abilities and resources to assist you properly.
Conclusion
The stakes are high in any high net worth divorce, and it is essential to consult a skilled attorney to help ensure you do not fall victim to common high net worth divorce mistakes.
If you’re looking for the top Jacksonville attorneys specializing in family law, reach out to the Dorsey Law firm. With over 35 years of experience, we can provide you with help with your prenup and more. Contact us today at (904) 394-2865 for a consultation.
March 27, 2022
In Florida, child support orders may start for children when they are fairly young, and continue for years after their birth. A person’s life may change dramatically over the years; they might get a different job, earn promotions or raises, make less money if life changes such as injuries or other ailments prevent them from being able to work. When these changes occur, the child support order may no longer reflect the current life circumstances of the parents. Now, it’s important to note that these can only be changed in court.
The amount of child support paid may be too high or too low, depending on the circumstances. The child support order may be changed in these instances. However, not every change in the circumstances will result in a change in the child support order. Changes must be substantial and permanent in order to change the order.
So when can child support orders be changed? If you want to learn more about this, then we’ve got just the thing for you. Here’s a brief breakdown of what you need to know when it comes to modifying child support orders.
What Are the Requirements for Child Support Modifications?
If a substantial change in the circumstances results in a change of at least 15% of the child support order if the modification is requested within three years after the original order was made, or 10% of the child support order if the modification is requested after three years, it can be said that there has been a substantial change in the circumstances.
A substantial change in custody is a large, permanent change to an arrangement. These large shifts in living situations must be changes that will last longer than six months. Permanent changes to living arrangements generally need to be involuntary changes that occurred because of something that was out of a parent’s control, like a business downturn, or a significant raise for the other parent.
How Do You Make Child Support Modifications Official?
Parents can reach their own agreements on child support, but anyone can ask the court to change the order. The person who wants to change the amount needs to file a petition with the court and have a hearing where they present evidence. If one parent doesn’t follow this process, then the court will enforce the original order.
Most states have procedures for modifying child support orders. For example, to change your child support agreement you may need to fill out the proper forms and submit them to the court. If a judge agrees that the modification of the agreement is appropriate, the court will usually approve it based on your application alone, without a court hearing.
When parents can’t agree on a child support modification, they’ll have to appear in court to argue their case. A judge will listen to their arguments and decide whether a change in child support will be granted. This means more time and money wasted on court fees and legal expenses.
Conclusion
We hope this article proves to be useful when it comes to helping you better understand the process of changing child support orders. While this process may seem daunting, it’s not something that you won’t be able to do as long as you’ve got good foundational knowledge on the subject. If you need more help with this, we suggest working with a legal professional.
We understand if this is a little too complicated to handle on your own. Luckily, there is something you can do to make handling this process infinitely easier. If you need the advice and services of Jacksonville attorneys specializing in family law, contact Dorsey Law JAX.
