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Getting a Divorce in the Age of the Virus

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These are unusual times. Kids in Pinellas County are going back to school today, and the mediationclassroom won’t look anything like it used to. If you are considering a divorce at this time, that process may not be the same either. Here are some things to consider.

Research your options for the divorce: The choice of process depends on the complexity of your situation and how well you and your spouse can communicate during the divorce process. Reviewing this list will help you to understand your options:

• Pro Se — Parties agree to a settlement between themselves and file all paperwork on their own. This is typically recommended only for very simple situations.

•  Mediation — A mutually agreed-upon neutral third party guides the discussions to reach a settlement. This may or may not include each party retaining an attorney to provide guidance throughout the process and review the divorce document.

•  Collaborative process — A collaboratively-trained team consisting of attorneys for each spouse, a financial “neutral”, a counselor, coach or child specialist (as needed) who meet as a team with the spouses to reach a settlement. The attorneys agree not to litigate, even if no settlement can be reached.

•  Traditional attorney-to-attorney — The attorneys work between themselves to structure the settlement for the parties and frequently discourage the spouses from communicating with each other regarding the issues being addressed during the process.

•  Litigation — A judge makes the final decisions on issues that cannot be agreed upon otherwise.

You can begin to determine which process may be best suited for you through online research and through phone or video calls. If you have not received recommendations, you can search for local or statewide mediation organizations to find a divorce mediator or the family law section of your state bar association to obtain a listing of divorce attorneys.

Interview and assemble your team of professionals: In most cases, each spouse should retain an attorney experienced in family law. The attorneys’ involvement can be limited to periodic consultations if mediation is the chosen route and cost is an issue. You want to be sure you are comfortable with your attorney, so spend enough time talking with them to understand if their approach to a divorce is consistent with your ideas. Your team of divorce professionals may also include a financial professional who specializes in divorce, for assistance with the financial decisions, and a counselor or coach to deal with the emotional and behavioral aspects of going through a divorce.

Gather your financial information: Gather information on your income, assets and liabilities, including pay statements, tax returns, bank accounts, investment accounts, retirement accounts, pensions, business interests, real estate, and liabilities (such as mortgages, student loans, car loans, credit card debt, etc.). Again, much of this work can be done online and information can be shared through secure online portals to eliminate in-person contact. It will be helpful to have this information readily available to work with your team on developing potential settlement options. Agreement on a valuation date for your assets and available income may be contentious, especially if you have seen recent significant changes, so be prepared to update information as you go through negotiations.

Create a budget: One of the most important steps is determining a budget to understand how much money you will need to cover essential and discretionary living expenses. Taking time while you are sequestered at home to review recent credit card bills or checking account transactions to understand your current expenses will be time well spent. This information will be important to help you understand how much income you will need post-divorce and often is helpful to determine child support and spousal support amounts, should these will be part of your agreement. Your expenses may have changed during this time. For example, it is likely that you are spending more on groceries and less on gas, restaurants, and childcare. You will need to update your expenses as time goes on as you want your expenses to accurately reflect your lifestyle and needs.

Review your living arrangements: Consider how your living arrangements may change and what options are available within your budget. Real estate transactions are moving forward during this time; you may want to begin researching your options if moving is necessary. Real estate may lose value during this time, so be sure to use current data in your search.

Discuss a parenting plan: It can be difficult even in the most amicable divorce cases to come up with a co-parenting plan that works for the kids and the parents. This pandemic requires parents to carefully consider and plan for travel and living arrangements for their children, if they are living separately. Start discussing parenting plans during this time and remember that logistics such as travel between households and sharing home schooling duties also need to be considered. Some jurisdictions require parenting classes or a mediation session to discuss co-parenting. The availability and format of these sessions may be limited for the foreseeable future.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Spousal Support and Someone New

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Spousal support is financial assistance that recognizes a partner’s contribution to the mediationmarriage and helps the recipient achieve financial independence. Alimony is available only to those who were legally married; and, rules vary by state.

The spousal support that you receive following your divorce is important to your security. This is why you need to understand what can happen if you start living with someone.

Spousal support terminates when you remarry – which you may already expect. However, the law also allows for support payments to cease when you “cohabit” with someone else romantically “in a permanent place of abode on a continuing basis.” Exactly what that phrase means is somewhat open to interpretation. Therefore, you need to be cautious about your relationships until you are certain that you’re prepared for your support payments to cease.

What sort of things can be used to show the court that you’ve taken up residence with a new romantic partner (or one has taken up residence with you)? How can the court tell the difference between, for example, a roommate who is just splitting the bills and a romantic partner? What’s the difference between taking a romantic “staycation” at home with someone and “continuous” cohabiting?

Often it’s a judgment call that gets left up to the court. However, be prepared for just about anything to be used against you that could potentially indicate you are in a relationship with someone else and that you are living together, such as:

Utility bills, vehicle registrations and mail that is addressed to you and your new partner at the same location
Joint bank accounts, a joint lease and similar financial ties between you and your alleged romantic partner
Photos or videos of you and your romantic partner in an embrace or video of your romantic partner coming home at night and leaving again in the morning
Protecting your spousal support rights can be important. If it is, make sure that you have a clear understanding of your legal options before you get involved with someone new.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Divorce Assumptions

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Divorce is a process that has touched all of us in one way or another. With 50% ofmediation marriages ending in divorce, you probably have someone close to you that has gone through one, if you haven’t had one yourself. There are a lot of assumptions that people make about divorce that may not be accurate.

ONLY WOMEN GET SPOUSAL SUPPORT.
While this may have been somewhat true in the past because of traditional family roles, times are changing. Women have made their mark on the workforce. More and more men are stay-at-home dads. Spousal support is meant to provide support in the instance of a serious income imbalance when one spouse provides non-monetary support to the relationship instead of acting as a breadwinner.

Of course, spousal support itself is occurring less and less often, but if it is awarded, there’s no guarantee that only the former wife will receive it.

THE MOTHER ALWAYS GETS CUSTODY.
Similar to trends in spousal support, the idea that the mother of the child or children always gets primary custody is outdated. Fathers no longer have a steeper hill to climb in court than mothers, and both sides begin on similar ground.

EACH SIDE GETS HALF.
This one cuts both ways, so to speak. Courts are concerned with equitable division of assets, not necessarily equal division of everything. The distribution must be fair, not even, and the process takes into account the financial standing of each spouse. That means that some parties with higher means may walk away with more debt.

There are two types of property – marital assets and non-marital assets. Marital assets are generally assets acquired during the marriage, with some exceptions. Non-marital assets are those acquired before the marriage or through inheritance or gift. Generally, only marital assets are divided between spouses, while non-marital assets stay with the particular owner. At the same time, this doesn’t mean that the spouse who earned the balance of a retirement account gets to keep the full amount – this kind of asset is likely to be divided in some equitable way.

NON-PAYMENT OF CHILD SUPPORT LIMITS VISITATION.
This is a common misconception, and it causes a multitude of problems. Child support is a completely separate issue from visitation. If a noncustodial spouse does not pay child support, the custodial spouse cannot withhold visitation. The reverse is also true: if a spouse withholds visitation, that doesn’t authorize the noncustodial spouse to withhold child support. Although they both concern the children of the marriage, they are two separate issues with different rules and standards, and one has no bearing on the other. The appropriate sanction for failure to supply either visitation or child support is up to a court.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Preparing for a Child Custody Dispute

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Divorce is a painful process, and a child custody dispute is the most painful part of it. It parents tugging childcan be particularly distressful for the child who is facing conflicting loyalties.

Since the meaning of the phrase “best interest of the children” can mean many different things, it is important to make sure you are properly prepared for your child custody case in order to have the best possible outcome. Generally, parents who are active in their children’s lives are favored as well as parents who encourage a positive relationship between the children and other parent. Here are some additional ways you can prepare for your child custody case:

Proper Home Environment: Maintaining a proper lifestyle and home environment is important to proving to the court that you are able to care for the children in the appropriate manner. The home the children are intended to live in should be kept clean and safe, meeting the basic standards of cleanliness. Additionally, as a parent, you should maintain your own physical and mental health, as well as your appearance, in order for the children to live in a healthy lifestyle.

Keeping Proper Documentation: Being prepared and having the proper documentation is also an important part of being successful during a child custody case. Parents should consider keeping a log of all the details about the custody process, such as notes that highlight their efforts to improve their overall parenting skills and facilitate positive interactions between the children and other family members. Additionally, parents may want to keep notes of moments where the other parent may have presented themselves as unfit to have custody of the children. Finally, all documentation that is given during the custody process should be kept and organized as well as keeping a list of individuals who may serve as witnesses to their parenting skills.

Enlisting the Services of a Therapist: Since the children’s well-being is the most important thing to the court, it is important to make that a top priority. By providing the children with counseling, the court will possibly ask the therapist for an assessment of the children’s well-being – this can be a valuable legal tool for parents wishing to have physical custody. While many counselors may be hesitant about making custody recommendations, they will be willing to make a testament about what the children need in order to live a balanced life.

Assistance from a Child Custody Attorney: During all contested custody disputes, both parents should seek the legal help of a child custody lawyer. Even if the custody disagreement is part of an existing divorce process, it is important to know that not all divorce attorneys all well-versed in family law and child custody issues. Because of this, it is important to find a lawyer who specializes in child custody to ensure you are being represented properly as a parent.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Divorce and the Virus

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Divorce is a pretty stressful time anyway, but the virus is providing some new challenges. divorced coupleFor one thing, if you are still living under the same room as the person you are getting divorced from, it is more difficult, since you are probably both at home more of the time. Domestic violence is probably more of a treat. If one or both of you are in a profession where your income is adversely affected, that doesn’t help either. Money problems are often a source of disagreement.

Give Yourself A Break
Whether you’re in quarantine with or without your spouse, going through a divorce is overwhelming. For such reasons, it’s important to give yourself a break. Spend some time working on hobbies or tasks you enjoy doing around the house. This will allow you to take your mind off your divorce, and it will give you some time to yourself if you’re in quarantine with your spouse.

Stay In Contact With Your Loved Ones
It’s important to stay in close communication with those you love—especially while going through a divorce and the COVID-19 quarantine. You can spend time with your children or have a video chat with your friends and family. Sharing your feelings with your loved ones will help you get through this time.

Avoid Arguments With Your Spouse
Reducing arguments with your spouse will reduce your stress. If you are still sharing a home with your spouse, it may be a good idea to create a plan to get along while you two are in quarantine. If you and your spouse aren’t living together, it may be best to avoid phone calls that can lead to arguments.

Maintain Stability & Routines
Creating a daily routine will create stability and comfort during this time. If you are working from home during the quarantine, it can be helpful to develop a daily routine to help you manage the new changes. A great tip is to plan your day, so you give yourself a clear vision of what to expect. It’s always helpful to give yourself time in the day to take a break, stay connected with your loved ones, and exercise.

Get Informed About Divorce
If you have extra time on your hands due to the Coronavirus quarantine, use it to get informed about the divorce process. If you have children, you should get information about child support and child custody. It’s also important to understand how property division is determined in Washington, and how mediation can help you have a more amicable divorce.

Seek Legal Guidance
Going through a divorce is overwhelming, so it’s essential to have strong legal representation on your side. An experienced family law attorney can help you understand the complexities of your divorce, protect your best interests, and provide peace of mind.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Moving Out Before the Divorce

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Obviously you may want to move out of the house right away instead of waiting until themoving divorce is final. It will probably be awkward and uncomfortable to face your spouse on a daily basis once you have decided to get a divorce. There are financial considerations. Your temporary orders will determine what payments you need to make before the divorce is final, and you may not be able to afford to move out.

Even if you might think that moving out early is beneficial for you and your spouse, it can hurt your divorce case in the long run if it is not done properly.

Moving out can reduce conflict

If you find yourself in an abusive relationship, you might not have a choice but to take you and your child out of the house and live somewhere else for your own safety. However, you need to get a court order for protective custody as soon as you can so you can find a safe place and not face kidnapping accusations.

Spouses with children in a high-conflict divorce also believe that not having both parents in the house can lessen the conflict in front of their kids. It is part of the child’s best interest to not witness so much tension between their two parents to make the transition into the divorce much easier for them. You also need to talk to the court to confirm you are not in the house and to organize a schedule for the children.

Lack of planning can be costly

Spouses who fail to inform the court that they are moving out suffer significant drawbacks in the courtroom. Many wives often trick their husbands into thinking it’ll be ok once they move out, but not organizing anything with the court could lead the wife to accusing the husband of abandoning his children and putting her in a financially difficult scenario. The wife also gets more control over what the husband failed to take with them on their way out, such as their financial records.

What many people also fail to realize is that their name is still on the house. If the spouse leaving is the one who was primarily paying for the establishment, the court will make them still pay for the marital home along with their new apartment or living area. Depending on how much you contributed during this period, this could also lead the courts to believe you have enough to pay additional spousal support after the divorce.

Unless you are dealing with a dangerous partner, you should not leave your home immediately after the decision to get a divorce without appropriately planning. If you believe it might be necessary, consult with a family law attorney to make sure you can do it without losing too much.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area. For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

 

Unwed Fathers and Custody

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It is commonly believed that the courts favor the mother in child custody decisions. child and fatherHowever, the father, even an unwed father, has rights.

While most unwed fathers will not be granted sole custody of his child (if the mother is fit), he will be granted visitation rights. Unwed fathers must pay as much as married fathers in child support according to child support guidelines. This requirement of support lasts until the child becomes an adult.

What are the custody laws for unmarried parents?

Custody Law for Unmarried Parents. For unmarried parents, child custody laws differ from state to state. Some states require unmarried mothers to file for child custody, while other states presume that an unmarried mother automatically has custody.

How does a mother get full custody?

The process for a mother to get full custody begins with the filing of a motion in the court in the county where the child resides. Such a motion typically is part of a divorce, legal separation or paternity case.

What legal rights does an unmarried mother have?

As a rule, unmarried mothers are granted primary right to custody of their children. This means she has complete authority to make any major and minor decisions regarding her child’s welfare. A mother with legal and physical custody is responsible for decisions regarding: Home residence.

Top Reasons Mothers Can Lose Custody of a Child

  1. Child abuse or sexual abuse is the number one reason that a mother can lose custody of her child.
  2. Domestic violence is another reason a mother can lose custody.
  3. Substance abuse of any kind does is taken seriously in family court – drugs, alcohol, even cigarettes can be considered substance abuse.
  4. Child abduction is a common reason that a mother loses custody.
  5. The last reason a mother can lose custody of her child or children is by not being the primary caretaker or not being involved in her children’s lives prior to the divorce or custody hearing.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Mediation for Divorce

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Mediation for divorce is becoming much more popular these days, particularly with mediationmoderate income families. One reason to consider this is that you’re probably going to be ordered to do it anyway!

Increasingly, Family Court judges order parties to mediation before they are allowed to continue their case in the courtroom. With such crowded dockets, these judges are fighting to ensure that only parties that truly belong in court wind up there. Why wait for the judge? You can start saving money at the outset by skipping the initial court appearance and heading straight to mediation. Even when litigation becomes necessary, one study suggests that less than 20 percent of families who begin a divorce proceeding through mediation appear before a judge, while 75 percent who pursue an adversarial process wind up in court.

Mediation is less costly!

Mediation saves both time and money! One article claims that in 2005, an average mediated case cost around $3000, while a similar case in litigation wound up costing $15,000 on average. In another study, divorcing couples reached agreement significantly more quickly when mediating, saving around 2 ½ to 3 ½ months in time to resolution. With today’s crowded court dockets, the actual time saved in mediation is likely far greater. It makes sense – in an adversarial proceeding, both parties pay attorneys an hourly rate to handle the case, and the bills can mount as the litigation drags out. A mediator brings both sides to the table, and the process is controlled completely by the parties. The only ones who have a financial advantage in divorce litigation are the attorneys.

Mediation is private!

One big difference between mediation and a litigated divorce settlement is privacy. Issues that arise in litigated proceedings may find their way elsewhere, and proceedings take place on the public record. Ready to air your dirty laundry in public? Likely not. With very limited exceptions, your mediator cannot reveal anything discussed at mediation – to anyone. The confidentiality of a mediation protects sensitive information and the privacy of the parties involved.

You might get a better outcome

It’s not a stretch to imagine that a process in which parties hash out an agreement with the assistance of an individual trained to help them collaborate produces better outcomes than a purely adversarial process. Parties are encouraged to find common ground in a mediation, rather than fight for ground. A study referenced earlier shows that there “significantly more joint legal custody awards” in mediation than in litigation. Overall, couples who mediate divorce, child custody and other family law issues wind up with far higher rates of compliance with the agreements made in those mediations than those who litigate, even long-term. Cases involving children result in much more stable households post-divorce when parents mediate. Outcomes are far more positive all-around.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Divorce and the Military

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All parents are responsible by the courts to care for their children, but in the military, child and fatherthere are more enforcement mechanisms in place. Military service members are held to an even higher standard and are subject to punishment from their commanding officer if they fail to provide for their families. This applies to military parents who have divorced, separated, and those who were never married to their child’s other parent.

If you are a military parent or your child’s other parent is a service member, make sure you know how child support rules apply to you and your family.

When Child Support is Necessary

Child support is necessary in any situation where both parents are no longer married or living together. When parents are no longer together, they will share parenting duties, which means they will also be responsible for sharing the financial responsibility of raising their child. Whether the parents share custody or one has sole custody while the other is granted visitation, both parents are financially responsible. Support is designed solely for the purpose of helping the child, not the custodial parent. In most cases, the noncustodial parent will be asked to pay support, or the parent who earns more may be asked to pay additional funds to support the child.

When a parent is a military member, it is likely that he or she will be ordered to pay support payments to their child, especially if that parent does not have custody.

Calculating Child Support

As with any other child support case, the payments will be calculated based on the income of either spouse, the child’s needs, and other relevant factors. However, it can sometimes take a while for courts to make such decisions. Before the court has issued a formal child support order, military parents will still be required to pay child support in order to benefit their children. These payments, called interim child support, often go to the civilian custodial parent for the benefit of the child before the court has decided on a final payment order.

Interim Child Support

Although each military branch is different, the basics of this rule are universal. All military members are required to pay for their children even if there is no court order. The payment depends on the service member’s gross pay and their Basic Allowance for Housing (BAH). If a service member fails to make these payments, their co-parent may send notice to the military parent’s commanding officer, who can then punish the service member for failing to pay.

Abiding by Court Orders

Once the court has ordered child support, the interim child support decided by the military will be overridden. Moving forward, all child support payments will be handled in the same way as they would for any other civilian parent. However, payments may be somewhat difficult to issue if the supporting parent is deployed and unable to access their bank accounts on a regular basis. For this reason, military parents may set up a specific payment through the Defense Finance and Accounting Service, which will automatically withdraw the appropriate amount from the service member’s regular pay.

As with interim child support, if the supporting military parent fails to pay, the receiving parent may write to the military parent’s commanding officer. The receiving parent should include documentation of the child support order and evidence that the military parent has failed to make payments, at which point the commanding officer may punish the military parent. Punishments may include extra duty rounds, a decrease in pay, and even a drop in rank. However, even though the military parent’s commanding officer can issue non-judicial punishments, they cannot force the military parent to pay. If the military parent still fails to pay, the receiving parent can attempt to enforce the court order by legal means.

If you are a military service member or your ex is a member of the military, make sure you know how your child support could be affected. While these rules apply to all military service members, there may be additional rules that apply to specific branches of the military. To better comprehend your specific situation, contact your family law attorney for legal guidance.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Unmarried Parents Custody Rights

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So if you are married and get a divorce, things are pretty “cut and dried”. However, if youchild and father are not married, that is a whole different ballgame. If you are trying to figure out what will happen to your child custody arrangement after a break-up, make sure you know which factors the court considers before making any custody orders.

Establishing Parental Rights

When a child’s parents are unmarried, it can be much more difficult to determine parental rights. And, in order to obtain any type of custodial rights, you must first establish that you have parental rights to the child in question. In Washington, as in most states, unmarried fathers must establish paternity in order to receive acknowledgment as the child’s legal parent.

Without establishing paternity, an unmarried father will not automatically receive parental rights, even if he is the child’s biological father and has assumed a paternal role in the child’s life. A biological mother, on the other hand, is automatically granted parental rights. Likewise, if a married woman gives birth, her husband is presumed to be the father and he receives parental rights automatically.

In order to establish parental rights, an unmarried father must sign an acknowledgment of paternity, along with the child’s mother. Or, if the child’s mother will not sign the acknowledgement, the father can file a petition to establish parentage through the court, which usually involves genetic testing to confirm the paternity.

Once a father obtains paternal rights, he has the right to pursue custody in the same way a mother would. Both mothers and fathers have equal rights to child custody.

How is Child Custody Determined?

Child custody is determined on a case-by-case basis, which means there is no standard arrangement that all unmarried couples use when they break up. Parents have the option of settling a parenting plan through mediation or outside of court, but if they are not able to reach an agreement on their own, they will have to bring their case before a judge.

In court, the judge will consider the following factors before determining child custody:

  • The child’s relationship with each parent
  • Each parent’s health and ability to care for the child
  • The child’s relationship with each parent’s community, household, and other family members
  • If one parent acted as the child’s primary caregiver in the past
  • The child’s wishes, if the child is deemed mature enough to express an opinion
  • Any history of domestic violence or abuse

What Are Our Custody Options?

Depending on each of these factors, the judge may decide to grant joint or sole custody. In a joint custody arrangement, the parents will share parenting time somewhat equally. If one parent is granted sole custody, the other parent will be scheduled specific visitation time with the child on a regular basis. In rare cases, usually when child abuse has occurred, the court may grant one parent sole custody without allowing the other parent any visitation rights, or only supervised visits with a social worker present.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.