Articles Posted in Divorce / Dissolution of Marriage

998810_fingerpaint__14.jpgChildren in a divorce can significantly impacted by the divorce if parents do not take proper precautions and try to make the transition easier on children. According to a new study, there is a link between kids of divorce and suicide. The study quickly gives a disclaimer, as will I, that this does not mean that children of divorce are going to commit suicide, it simply shows that children can be impacted significantly unless parents take precautions to help with the transition.

The study conducted by Esme Fuller-Thompson, a professor at the University of Toronto, showed that men from divorced families are three time more likely to consider suicide and that women of divorce have an 83% higher chance of considering suicide. The study indicates that while they did research on a number of individuals there are certain factors missing, including how much time parents spent with the children post divorce. In addition, the number of suicidal ideations decreased for women when abuse and addiction situations were removed. However, for men, the number remained the same with those factors removed. The overall basis of the study was to see the correlation, but the study failed to find out what the root cause is, which led to the speculation that men often lose their male role model in a divorce and that lack of male influence has a strong impact on men as they grow from boyhood.

Florida timesharing allows for parents to think about kids first without first thinking about “custody”. Timesharing replaced the terms, “custody” and “visitation” in 2007 to help put children first in the divorce. The idea is that parents do not need to look at children as property, but as kids that need guidance from both parents and hopefully, as both parents put the children first during and after the divorce the findings from the study will decrease over time.

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1024823_blackboard.jpgChildren are misplaced in a divorce. Florida law has tried to counteract the effects of divorce on children by providing parenting class requirements and changing custody to timesharing and parenting plans. However, a recent study shows that maybe the changes are not all that is needed, but an actual understanding of the psychological impact divorce has on children. The study done by the University of Wisconsin-Madison showed that the living environment surrounding the kids before divorce proceedings does not have as much impact as actually starting the divorce proceedings.

The study took 3,585 students ranging from kindergarten to fifth grade and examined the impact on divorce on the children. The kids in the study were compared to those in stable, intact families. The most impacted area of the children were in their math studies since it is the one that builds on itself and requires foundation for future learning (1+1=2 is beginning to multiplying). The study’s researcher, Hyun Sik Kim, attributed the setbacks to not only a change of environment, but also the balance of time with each parent and economic changes based on the parents each being impacted by changes in income (child support, one income family, etc.).

Before proceeding forward find out what you can expect in the immediate and distant future by speaking with a lawyer in your area.

1340714_wooden_house_-_playground.jpgTimesharing and divorce can impact children in school, home and socially according to a new study. In a Florida divorce involving children, parents are encouraged to look at visitation as timesharing with the other parent and to develop parenting plans so that they can resolve issues together rather than at odds with each other. However, a recent study done at the University of Wisconsin-Madison showed that divorce first begins impacting children once they proceedings start.

Florida divorces involving children require that parents attend a parenting class to help them better understand the effects divorce may have on their children from beginning to end. Divorce does not just end with a judge making a decision, but will continue throughout the lives of the children since both parents will live in separate homes.

Florida adopted timesharing plans to help put kids at the front of the parents minds when going through a divorce. However, if parents are not willing to change their reactions or ways of handling a divorce, then the children will remain negatively impacted. If you are thinking of divorcing, it is a good idea to speak with a lawyer about your divorce and your concerns involving children before actually filing for divorce.

1240494_a_pair_of_couches.jpgIn a Florida divorce, marital property is often a topic of contention. In a divorce often there is an exchange of marital property necessary for both parties. When exchanging property it is a good idea to set a time and place for the exchange. If there is property in the marital home, then often a police escort can be helpful for making certain that there are no disputes that take place and that the parties do not items that have not been agreed upon by both parties. If there are items up for dispute, then it is a good idea to make a list of all items so that they can divided by the court when the time comes.

Florida is an equitable distribution state, meaning that each party is entitled to one-half value of marital assets. So, if you have two new TVs, one party will get one and the other party will get the other TV. If you need to exchange items or get them from storage it is a good idea to have to have a 3rd party, not involved with the case, present so that you can have a witness. If you cannot agree on a 3rd party, contact the police for a police escort.

Speak with a lawyer about your rights and options before making any property changes.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

273159_welding_4.jpgDivorce impacts families from the parents to children and often children want to have a say in where they live. Florida recognizes that children need to be considered in a divorce and has established that a time-sharing and parenting plan should be established for the benefit of the children by taking into consideration the school and extracurricular activities of the kids. In addition, the time-sharing plan should provide time for each parent to develop a parent-child relationship though they may not live in the same home on a daily basis.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

754431_in_business.jpgFlorida divorce law allows for a spouse to be awarded spousal support/alimony, if the court finds that the requesting party has a need for support and if the other party has the ability to pay alimony. Both tests are important in determining spousal support because the goal of the court is to make the parties whole, not to make one party whole while the other lives a destitute life. In addition to determining the need and ability to pay, the court must determine how long spousal support is necessary or allowed under the Florida alimony statute.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

369111_taxpapers.jpgIn a divorce or other child support case, I am often asked which parent can claim the child as a tax exemption. According to Florida State 61.30(11)(a)(8), the parent with the majority timesharing is required to file the IRS waiver of claiming the tax exemption if the other parent is current in child support payments. This is enforceable when the parents have agreed, or it has been ordered that they alternate tax years claiming the child.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1122707_divorce.jpgIn Florida, divorces require the equal distribution of marital assets. What this means is that anything purchased or co-mingled during the marriage is considered marital and those assets have to be divided equally to the spouses. However, if one spouse uses those funds inappropriately (drugs, affairs, etc.), then the court may order an unequal distribution of the marital assets.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1264271_notebook.jpgIn Florida divorce cases involving children, the parents are required to attend a DCF approved parenting class to help them learn ways of talking with their children and each other about divorce, timesharing and other issues. In North Florida courts, like Jacksonville, the family law judges require the same course be completed in paternity cases as well.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1046879_house_symbol_3.jpgIn Florida, child support is determined based on the child support guidelines. In addition, if the payee requests an income deduction order, then the child support will be garnished from the payor’s wages with a fee established by the State. The fee is minimal and is assessed to the payor for the service of having the garnishment done.

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