Insight Into the Messy Part of Divorce: The Middle
Many divorcing individuals have questions regarding the beginning of the divorce process (How do I get started?) and the end (How will you help me obtain the outcome that I want?). However, not too many people give too much thought to the messiest aspect of divorce: the middle.
The middle of the divorce is just as important, if not more so, to understand than the beginning and end of the process. From settling financial matters to negotiating settlements, the middle of the divorce process is where everything happens, and what happens during that stage ultimately decides the outcome. The divorce attorneys at the Law Offices of Schwartz | White, located in Boca Raton, FL, believe that it is in your best interests to understand the meat of your divorce. When you work with us, we will help you see how the way that your issues are handled directly affects the outcome of your separation.
The Decision to Live Apart
While many couples choose to live apart while going through a divorce, the decision to do so should be considered very carefully. If you move out before the divorce is final, the family home technically becomes your spouse’s home for the remainder of the process. As such, he or she is entitled to bar entry from the home, leaving you unable to collect your property or even see the kids.
Before you make the decision to move, speak with your Boca Raton divorce lawyer about establishing a temporary parenting plan, as well as what to do with your own property before you officially leave the home. Depending on your new living situation, you may want to take inventory of everything before you leave, and then take only what you will need to live comfortably throughout the remainder of the divorce. If you already have your own place lined up, you may feel more comfortable taking everything with you when you move out.
Establishing Temporary Orders
We touched on this briefly in the above point, but it is an important enough topic to be its own point. Unless one party is truly unfit to be a parent, it is important to keep in mind that both parties are entitled to parenting time during the divorce. While in some cases each spouse understands this and agree to maintain a fair schedule throughout the entire process, there are instances in which one or both spouses feel as if they should maintain full custody until the final orders are handed down. It is in these latter instances that temporary orders are necessary.
A temporary order does not necessarily have to be for custody, though; a temporary order can be a restraining order or even an order to restrict spending or liquidation of assets.
The division of assets is the second most difficult aspect of any divorce, following closely behind child custody determinations. Florida is an equitable distribution state, which does not necessarily mean that all assets will be divided evenly; rather, it means that assets will be divided “fairly.” What is fair is not always equal, and the courts will consider a number of factors before determining the final settlement. Factors can include each spouse’s income, their contribution to the marriage, and child custody.
Negotiation, Mediation, and/or Trial
This is one of the most imperative stages of divorce, as how you handle negotiations, mediation, and trial will ultimately determine the outcome of your divorce. For instance:
- If a divorcing couple can agree to the terms of the child custody agreement and the final settlement through negotiations, it may save them both time and money in the long run.
- If negotiations do not work, the couple still has the option of going through mediation, a process that allows them to discuss their issues in front of an impartial third party, who will help to facilitate an agreement.
- If an agreement cannot be made, the parties will be forced to go to trial, where a judge will review the evidence and make an official determination upon that.
At the Law Offices of Schwartz | White, we advise our clients to review these options carefully, and to know what is at stake depending on the route they choose.
Consult Our Boca Raton Divorce Lawyers Regarding Your Pending Divorce
At the Law Offices of Schwartz | White, our Boca Raton divorce lawyers will guide you through every stage of your divorce. From filing the initial paperwork to guiding you through the initial separation, and from settling financial matters to negotiating a fair settlement, we will be there for you every step of the way. To schedule an initial consultation with our legal team today, call 561.391.9943, or contact us online.