Tavares Family Law Blog

Sexual abuse and divorce

On behalf of Cauthen, Oldham & Associates, P.A. posted in divorce on Saturday, March 16, 2019.

Marriages end for an array of reasons, but there are some instances where it is particularly important for someone to split up with their spouse. For example, someone who has been subjected to sexual abuse at the hands of their marital partner should immediately take steps to protect themselves and hold their spouse accountable. Those who have experienced sexual abuse in their marriage, which takes a number of forms, may need to find the courage to move on. However, various options may be available, and victims of sexual abuse should not feel hopeless.

Unfortunately, some people have stayed in toxic and abusive marriages because they felt trapped or did not have the courage or energy to pursue a divorce. This can lead to recurrences of abuse and make life harder for victims and those they love. Moreover, some people may notice that a spouse has sexually abused their child, which is extremely important to address. If your child has been subjected to sexual abuse of any form, you should immediately protect them from further harm and review all of your options. Furthermore, this is an especially important issue to bring up in court in the middle of a dispute over custody.

Defining a "supportive relationship"

On behalf of Cauthen, Oldham & Associates, P.A. posted in alimony on Friday, March 8, 2019.

Although it is not intended to be, alimony is often viewed by many in Tavares as a form of punishment leveled against a more "well-off" spouse. In reality, alimony is merely meant to be a means of temporary financial assistance. It is widely recognized that some make career sacrifices in order to fulfill familial responsibilities (such as caring for children). If and when those people divorce, their spouse's may be asked to support them until they are able to provide for themselves. Often, that comes with a supported spouse choosing to remarry, at which point an alimony obligation will typically end.

Yet what if one receiving alimony chooses not to marry a new partner in order to keep receiving such support? Cohabitation is indeed becoming more popular in the U.S.; the Institute for Family Studies reports that as of 2015, the cohabitation rates of women and men in America are 17.1 and 15.9 percent, respectively. Yet the standard for continuing to receive alimony is not simply avoiding remarriage. If one is viewed as being in a "supportive relationship," the court may choose to end their entitlement to alimony.

Mediation gives you a greater sense of control during divorce

On behalf of Cauthen, Oldham & Associates, P.A. on Friday, March 1, 2019.

You look forward to dissolving your marriage. Still, you do not look forward to the fight you envision happening in the courtroom during the divorce process.

The reality is that divorce litigation is not your only option these days when it comes to sorting out your divorce issues. Divorce mediation can be a handy tool for helping you to feel empowered during your Florida divorce and get through the process as unscathed as possible.

Can I stop my spouse from destroying assets?

On behalf of Cauthen, Oldham & Associates, P.A. posted in property division on Wednesday, February 20, 2019.

The unfortunate truth is that not all Florida divorces can be harmonious; in fact, they can bring out the worst in people. Some spouses, faced with the impending division of their property, will find ways to spend, destroy or squander as many of their assets as possible so that their soon-to-be ex does not receive a share. If you fear your spouse may engage in such destruction, you can take some action to try and stop it from happening.

Forbes explains that if you suspect your assets are at risk, you can file for a court order known as an Automatic Temporary Restraining Order (ATRO). An ATRO serves a number of functions, including stopping both spouses from altering the financial state of the marriage during the progression of the divorce. This means your spouse cannot sell off assets and property until the divorce is completed.

Custody disputes and infant children

On behalf of Cauthen, Oldham & Associates, P.A. posted in child custody on Friday, February 1, 2019.

Divorce can be complicated for many different reasons, but some couples face particularly difficult challenges as they work through the process and adjust to significant life changes afterward. For example, the parents of an infant may have a very hard time during their divorce, especially if there is disagreement over how custody should be divided. Unfortunately, custody disputes involving infants can be especially challenging and it is vital for parents to keep their child’s best interests in mind as they work through the dispute.

Every couple is in a unique situation. Some may have been planning their divorce for months regardless of the birth, while others may find that the recent birth of a child played a role in the breakdown of their marriage. Sometimes, couples can agree on which outcome would be best for a child, but some cannot reach an agreement and inevitably take their dispute to the courtroom. Infants are very different from older children in terms of their needs and parents may want to see their baby more often to bond with the child. Moreover, infants do not have to attend school, which also affects the custody arrangement.

The financial impact of ending your marriage

On behalf of Cauthen, Oldham & Associates, P.A. posted in divorce on Saturday, January 19, 2019.

Divorce can be tough for so many reasons, from living without a person who has been in your life for decades to dealing with stressful legal matters involving your children, such as custody. However, the financial side of divorce cannot be overlooked and it is pivotal to prepare. There are many different financial stressors that may arise during and after the divorce process, and these factors could wreak havoc on your finances if you are not ready. From alimony and child support to property division and even your career, the divorce process may affect your financial life in all sorts of ways.

For starters, you should do everything in your power to prepare. This includes reviewing the ins and outs of relevant laws in your state, looking over the details of your circumstances and possibly talking to your ex about some of the concerns you have. It is also important to plan ahead with respect to your finances, since you may find yourself in a difficult position due to your divorce. By carefully preparing, you may be able to lessen the toll of divorce on your finances, which can be beneficial in other ways (stress reduction and so on).

Health problems and alimony payments

On behalf of Cauthen, Oldham & Associates, P.A. posted in alimony on Saturday, January 5, 2019.

In a recent post on our blog, we looked into some of the challenges that people face after losing their job with respect to alimony. However, there are many other reasons why someone may have a hard time making alimony payments. For example, someone may suffer from a health problem that creates financial hardships for a number of reasons. If you are currently experiencing a health crisis or anticipate a serious medical problem in the near future and you are required to pay alimony, it is very important to take these payments into consideration and understand your options.

Health crises can interfere with alimony payments in various ways. First of all, people may be hit with hefty medical bills that leave them penniless. Moreover, someone may lose the ability to work because of a health problem, which could lead to lost wages and a series of financial hardships that snowball out of control. There are many different reasons why health problems can interfere with one's finances and this can also affect their ability to pay alimony.

Informal negotiations might help to simplify divorce process

On behalf of Cauthen, Oldham & Associates, P.A. on Friday, January 4, 2019.

You have finally decided that it is time to get a divorce, and you feel good about your decision. Still, you are not looking forward to going to battle with your soon-to-be ex during a divorce trial.

Fortunately, just because you are getting a divorce does not mean that the process has to be a hostile one. Instead of going to trial, you and the other party can engage in informal negotiations to address divorce issues, like alimony or property division. Here is a look at what divorce negotiation entails in Florida.

Can children affect how marital property is divided?

On behalf of Cauthen, Oldham & Associates, P.A. posted in property division on Monday, December 24, 2018.

With respect to family law cases, there are many different factors that can affect how things play out in court. For example, many different issues could impact a custody decision and this is also true when it comes to the distribution of marital assets. It is important to approach this issue with an understanding of how the laws in Florida affect families since there is variance between states. In this post, we will at some of the ways in which children could affect a property division case.

According to the Florida Legislature, there are many factors that can play a role in how marital assets are split up. In fact, children can even affect court decisions with these cases in different ways. For example, if one parent has contributed to a child's education and set aside a significant amount of time to raise the child, this could affect how assets are split up. Moreover, if it is in a child's best interests to remain in the family home with one of his or her parents, this could affect which party is able to continue living in the residence.

Managing custody during the holidays

On behalf of Cauthen, Oldham & Associates, P.A. posted in child custody on Wednesday, December 12, 2018.

One of the hallmarks of the holiday season is the chance to spend extra time with family. For those in Tavares that are going through a divorce, that tradition will no doubt change in the future. Divorcing parents might tremble at the thought of having to fight for time with their kids during the holidays. Yet state family courts discourage such discord. Rather than imposing a holiday custody schedule on parents that will no doubt lead to contention, couples are instructed to come up with their own standards for special custodial situations in their parenting plans.

The U.S. Census Bureau reports that as of 2013, as many as 22.1 million children lived apart from a biological parent. That represents the potential for a lot of holiday tension. Yet holiday visitation need not be a zero sum game; just as the court recognizes it to be in a child's best interest for both of their parents to be involved in their lives, so too is seen to be beneficial that they spend time with both around the holidays.

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