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Divorce and Family
The Loss of a friendship and/or marriage can be painful and devastating. Couples are encouraged to attend mediation after they file the lawsuit for dissolution of Marriage. Mediation is also available before couples file and the settlement Agreement can be filed with the dissolution at the same time thereby avoiding unnecessary cost and anguish that a prolonged divorce and litigation can have. When a marriage has come to an end, it is best if the couple can decide the terms of the divorce otherwise in a contested divorce (if it goes to final hearing or trial) your most personal matters, property, child support and visitation will be decided by a judge.A Marital Settlement Agreement can be signed by the party that memorializes the party’s wishes. This process is generally faster, cheaper less expensive and done in a private manner. However, many divorcing couples are unable to proceed with an uncontested divorce and will therefore proceed with a contested filing; at some point during the process and before a judge will make a final decision on your case, they will order the parties to attend mediation.
If you want to file for divorce but want to attend mediation before you file, you can contact the office and we will assist you in preparing and filing the paperwork and legal pleadings and the Settlement Agreement.
Negotiated Settlement, Mediation or Judge’s Decision; the attorneys involved will typically attempt to negotiate a settlement and if negotiations fail, the parties will attempt to settle all issues at the Mediation. If there is not a settlement in Mediation then there will be a final hearing where the judge will rule on the issues and grant the divorce. When considering a divorce there are a number of issues that need to be addressed. We can assist you in fling the divorce and filing the Mediated Agreement.
Any decisions’ regarding a child is determined based on the best interest of the child standard. Florida encourages both parents to have a relationship with the child unless it is to the detriment of the child. Typically the parents will have shared parental responsibility where both parents share in decision making for the child. Typically, the home of one parent is designated the child’s primary residence. The other parent is generally granted reasonable and liberal visitation or timesharing. Property Division: Once marital assets and debts are identified the court begins with the premise that the division should be equal, unless there is a justification for unequal division of property based on factors such as the length of the marriage and the contribution of both spouses to the marriage.
Child support: Child support is set in accordance with the Texas child support guidelines. Each parent is required to complete a financial affidavit which will determine each parent’s net income. From this net income the guidelines indicate the minimum child support figure as well as a percentage obligation for each parent. The non-custodial parent pays the child support to the primary residential parent or the custodial parent. Work related child care costs, health insurance costs and uncovered health care treatment are included in the formula for child support.
Parental Responsibility and Custody
Divorce mediation proceeding and can be tailored to suit the best interest of the children. They can also be modified when there is a substantial change in circumstances and it is in the best interest of the child to do so. A child’s preference may be considered but may or may not alone determine who the child will primarily live with. Other factors that may be considered when modifying parental responsibility include the moral fitness of a parent as well as the mental and physical health of the parents.
While child support, alimony and parental responsibility may be modified, it is important to note that generally property distribution cannot be modified. Thus, it is critical to be aware that when one is negotiating regarding marital property the division of property is typically permanent with regards to your settlement agreement.
Organizations:
Member: The American Bar Association (ABA)
Member: The Texas State Bar
Candidate for Membership: Texas Association of Mediators (TAM)
Member: The American Bar Association (ABA)
Member: The Texas State Bar
Candidate for Membership: Texas Association of Mediators (TAM)
