When going through a divorce, usually one of the greatest concerns is getting custody. In today’s world, the courts lean in the direction of working towards join custody, but joint custody is not always awarded, and you want to do whatever you can improve the custody rights that you are awarded.

Where does it make the most sense for your minor children to reside? With you or with your spouse? Is it possible that you and your spouse could agree on this issue? That would certainly would make things easier. Otherwise, it will be up to the court to decide.

When going through a divorce, parents must determine with whom their minor children will live and who will make critical child-rearing decisions. If divorcing parents cannot make these decisions, they take the issue to court. Understanding how the legal system works and getting child custody help from an expert can increase the chance of winning custody.

The primary goal in every child custody case is an arrangement that is in the best interests of the child. A judge must decide on both physical and legal custody, resulting in many potential outcomes. While it is possible to win sole custody in divorce, more parents find themselves getting joint custody. This allows each parent to maintain a physical presence and making important decisions regarding their children’s future.

A safe living environment that includes necessary amenities is important, so a parent seeking custody should create this, whether remaining in the marital home or moving to a different residence. If possible, the parent should find a home in the school district the child attended before the divorce because this maintains stability. If the parent must change jobs, the work schedule should accommodate the daily routine of the child.

Stability Is Important
Stability should also be the focus with personal relationships. A parent trying to win custody during divorce should not quickly begin a new relationship that involves cohabitating or spending excessive time together. Instead, the adult should take time to adjust to the new single lifestyle and focus on the needs of each child. There will be plenty of time in the future to resume dating.

Most spouses disagree at some point during a divorce but they should try to avoid a custody battle at all costs. A parent who puts the needs of the children above all other issues and keeps children away from disagreements that arise is more likely to receive custody. Taking this one step further, a parent who does not stand in the way of the other parent’s attempts to win custody is viewed in the most favorable light.

Divorcing spouses are not expected to be legal experts, so they should not hesitate to get child custody help from a family law attorney. 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.

So you are getting a divorce and you are wondering whether to keep the house for the kids sake. That is certainly desirable for the kids. Divorce is traumatic enough as it is. If you stay in the house, the kids can maintain their relationships with their friends, and keep going to the same school. But we can’t always have everything we want. The house may have been purchased with there were two incomes to contribute to the mortgage payment. Now you may only have one. There is always the issue that the house may not fit the new lifestyle. Mon may not be able to keep up the house without help.

In order to retain the home, one spouse may need to purchase the other spouse’s equity in the property. This may involve a cash payment or giving up other assets that are owned jointly. It may be possible to refinance the home mortgage for an amount that exceeds the mortgage balance and use the proceeds to pay the other spouse for his or her equity in the home.

Keeping the home may seem to provide stability during an otherwise chaotic time. An ex-spouse may opt to keep the house for a short time after divorcing and then make a long-term decision after settling into the new lifestyle. Others decide that selling the home is the best choice because it harbors unhappy memories shared by the children. It is sometimes best to make a clean break and start fresh.

Consult with a Family Law Attorney First

Selling the home may seem like it would put the divorced couple in better financial standing, with some cash to use for a down payment on an individual residence. This is not always the case. A divorcing couples should consult with their family law attorney and real estate agent to determine how much they can sell their home for and what selling costs are involved, then subtract the mortgage balance from this figure.

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 is one of the most stressful experiences that you will ever have. You will probably experience emotions that you never had before, with an intensity you probably never had before. You may want to consider going to a therapist to help you work through the challenge.

Support To Help You Cope With Stress
The stress of your divorce can affect various aspects of your life that you might not have considered. Talking to a therapist about your negative feelings allows you to have an in-depth conversation to find possible solutions to your dilemmas. Some therapists also teach their clients stress reduction techniques and different strategies, such as mindfulness meditation, to help keep them focused. Therapy can also help you cope with feelings of anger, frustration, sadness, or loss so that you can identify where your marriage went off track, as well as which issues to be aware of when you form new relationships in the future.

Therapists Provide Honest Feedback
In addition to listening and helping you cope with your issues, therapists also provide neutral feedback that you likely won’t get from close friends and family who are worried about hurting your feelings. While your friend might mean well, often, they will resort to just telling you to want to hear because they think that will help you get through this difficult time. Therapists facilitate conversations that urge their clients to explore situations from multiple perspectives. This can help you become more flexible when it comes to making decisions regarding your divorce and also with accepting the role you played in the ending of the marriage.

Therapists Help Families Cope With Changes
When children are involved in the divorce, family therapy is an option that provides a safe place for parents and their children to discuss and process the changes that are occurring within the family and each household. Whether your teenager is angry or your youngest child is confused, family therapy can get you started on the path of healing and rebuilding your relationships with each other. For divorced parents, family therapy can also help parents come up with strategies for remaining courteous and respectful towards each other.

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

For more information, visit

So you have decided to get a divorce. Most likely, your attention has been all aboutfinancial matters and where you are going to live, and all those kind o things. However, at some point you need to focus on the arrangements that you and your wife are going to make in reference to your children.

How are you going to manage visitation? You have to take into account your working schedules, and how far away you and your spouse are going to live from each other. But you have to decide when each of you are going to have the kids. And you really have to have a workable plan for Christmas and New Years.

How are your going to arrange when and where the kids are dropped off. You want to make arrangements to avoid conflict between the two of you as much as possible. Having your new love interest drop of the kids is probably not a great idea.

Event Planning. Who is going to attend your sons football games and your daughter’s soccer practice. If you can’t agree on these items, you could address them during mediation.

Leaving your kids with other people. If you think that your ex-spouse might want to leave your kids in a situation that you are not comfortable with, you might ask that you be given first chance at taking the kids when those situations arise.

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.

These are unusual times. Kids in Pinellas County are going back to school today, and the classroom 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 is financial assistance that recognizes a partner’s contribution to the marriage 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 is a process that has touched all of us in one way or another. With 50% of 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.

Divorce is a painful process, and a child custody dispute is the most painful part of it. It can 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 is a pretty stressful time anyway, but the virus is providing some new challenges. For 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.

Obviously you may want to move out of the house right away instead of waiting until the 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.