Cauthen, Oldham & Associates, P.A.Tavares Family Law Attorney | Divorce | Child Custody2026-05-27T17:07:54Zhttps://www.cauthenoldham.com/feed/atom/WordPressOn Behalf of Cauthen, Oldham & Associates, P.A.<![CDATA[Is it too late to get a prenup?]]>https://www.cauthenoldham.com/?p=473342022-11-04T15:52:27Z2022-11-04T15:52:27ZPrenuptial agreements are legal documents that identify what assets each spouse brings into a marriage, thus, allowing them to take said assets with them in a divorce. Prenups likely aren’t the cause of divorce, despite common belief. But that doesn’t stop people from passing up a strong asset protection plan.
When couples realize that they may want a prenup, some may fear it’s too late. After all, a prenup is, by definition, something that’s created before the marriage begins – but it’s not your only option. Here’s what you should know:
Post-nups are an alternative to prenups
In essence, a prenup is nothing more than an asset protection plan and a private contract. For couples who are already legally married, there’s still plenty of opportunity to create an asset protection plan that will benefit both sides through the use of a postnuptial agreement. This legal document works just like a prenup but is made after marriage.A postnup isn’t just beneficial for people who missed out on a prenup but it can even void an already existing prenup. What this means is that couples may negotiate new terms to an old agreement or create a post-nup to protect assets they now want to include in their protection plan. For example, one spouse may have started a business since the marriage began and wants it included in the postnup. Or, maybe one spouse inherited money and they don’t want to risk losing anything they purchase with it, like a second home.You shouldn’t have to fear the worst in a divorce. You may want to know your legal options to protect your assets.]]>On Behalf of Cauthen, Oldham & Associates, P.A.<![CDATA[There are ways that you can make your divorce more private]]>https://www.cauthenoldham.com/?p=473322023-08-10T12:02:38Z2022-10-20T16:18:41ZDo not talk about it online
You use social media every day for numerous reasons. You talk to your friends this way and even vent your frustrations sometimes. You’ve taken every step to boost your privacy settings, but does this mean you’re safe to vent about your divorce?
The answer to this question is no. Even with tight security settings, people who are tech-savvy can probably still access your posts. Also, can you really be sure that one of your mutual friends won’t go running to your spouse to report what you said, or worse, spread gossip around town? The risk of venting on social media about your personal matters is simply not worth it.
What about divorce alternatives?
Gone are the days when divorce proceedings need to be battled out like they are on TV shows. Divorces really don’t need to be this dramatic. In fact, the less drama the better for everyone involved, particularly the children. Why not consider alternatives to a litigated divorce? For instance, you might want to think about mediation. This is a less formal procedure that can remain private. The focus of mediation is also to reduce tension and conflict and find solutions that are equitable.
Having legal guidance on your side can also help to keep sensitive matters out of the public eye. Remember, divorce is not just an ending but an opportunity for you to start afresh.]]>On Behalf of Cauthen, Oldham & Associates, P.A.<![CDATA[Divorce mediation can be more efficient than litigation]]>https://www.cauthenoldham.com/?p=473302022-10-07T02:43:45Z2022-10-07T02:43:45ZYou can stay out of the courts
The family court deals with numerous cases every single day. They’ll have their priorities, and your divorce is not necessarily going to be at the top of that list. This means you might have to wait around a while until you get a hearing. You typically won’t be able to reschedule this hearing unless you have a very good reason. The hearing could be set within a few weeks, or it could extend to a period of several months.
Mediation offers an alternative to this. You’ll be dealing with fewer people in a smaller environment. You and your spouse may have legal representation. Then, there will be a mediator and that’s it. Nobody else needs to know about the details of your case. Mediation can generally be scheduled around you and your spouse and your work and family commitments.
Encouraging open conversations
Mediation also focuses on finding amicable solutions. This is done by encouraging reasonable conversations between the parties. If you and your spouse take on the mindset of working with one another rather than fighting, you can cover a lot of ground quickly in mediation.
Mediation is only one alternative to a litigated divorce. At the end of the day, you have to choose the option that suits you best. Seeking some legal guidance will help you get to the stage where you know what to do next.]]>On Behalf of Cauthen, Oldham & Associates, P.A.<![CDATA[3 reasons you may not be able to keep the house in a divorce]]>https://www.cauthenoldham.com/?p=473282022-09-29T20:43:55Z2022-09-29T20:43:55ZYour mortgage could be underwater
If you bought your home in the last few years when the market was very competitive, recent adjustments following rising interest rates might mean that your home can no longer command the price it did when you made your offer.
You might actually owe more on the home than you could sell it for currently. Taking on that mortgage might be more of a burden than it is worth for you during what is already a transitional time in your life.
You may not qualify for a mortgage on your own
Couples typically combine their resources and incomes so that they can buy as much house as possible. Even if you have made significant advances in your career since first buying the home, you may not have enough income on your own to qualify for the necessary mortgage.
After all, not only will you have to account for higher interest rates that will impact how much principal you can afford, but you also have to consider withdrawing equity to compensate your spouse, which will also increase how much you have to pay.
You may not be able to maintain the home
Even if you can afford it financially, it may not be practical for you to take care of a large home and a yard without the support of a spouse. Solitary homeownership is very demanding and can quickly strain not just your daily schedule but also your finances, as you will have no second income to help you replace that broken window or fix the leaking pipe that just destroyed your first floor drywall ceilings.
Being realistic about your goals related to property division will help you secure the best results in your upcoming divorce.]]>On Behalf of Cauthen, Oldham & Associates, P.A.<![CDATA[3 ways your child can benefit from a mediated divorce]]>https://www.cauthenoldham.com/?p=473262022-09-21T22:12:50Z2022-09-21T22:12:50Zlong-term psychological effects on the child. Specifically, your child can go through depression, anger and long-term psychological and emotional consequences.
If divorce is inevitable, one of the options you can consider is settling the matter through mediation. Besides its numerous benefits to adults, opting for mediation over litigation can be helpful to your child in a number of ways. Here are some of them:
Mediation lays a foundation for better communication
In a litigated divorce, your legal counsel and the judge will do most of the talking and decision-making. Any decision made thereafter will be binding unless appealed. In mediation, however, you and your spouse will be in charge of the process from start to finish. Thus, during mediation, you will need to cooperate and make compromises. These are vital lessons that you will use over and over while co-parenting your child. Raising your child in an environment of cooperation rather than litigation will go a long way in fostering a healthy relationship with both parents.
Mediation offers privacy
When you opt for the court process, you are choosing a public forum to settle your divorce. This also means that the outcome of your divorce will be in the public record. Mediation, on the other hand, is a closed-door affair. This means that your child will not have to witness your fights. And this can give them a sense of optimism about life after their parents’ divorce.
Mediation saves money
From legal fees to court fees, divorce can cost you an arm and a leg in Florida. You can save most of this money when you opt for divorce mediation. You can then use this money to establish new lives and provide for your child.
Divorce can take a toll on everyone involved. Find out how you can effectively mediate your divorce and mitigate some of the impacts of divorce on your child.]]>On Behalf of Cauthen, Oldham & Associates, P.A.<![CDATA[Yes, adults are affected by their parents’ divorce]]>https://www.cauthenoldham.com/?p=473232022-09-06T14:01:50Z2022-09-06T14:01:50ZWith increasingly more people in their 50s and much older getting divorced, it’s worth looking at how parental divorce affects “kids” who are no longer kids. While their lives aren’t upended as much as those of children and teens who still live with their parents, the news that the people who raised them will no longer be together can still come as a shock.
One therapist who has written about the subject explains that adult children of divorce can “view it as a disintegration of their family’s history.” Even if they sensed that their parents didn’t have a happy marriage, they may have assumed that at this stage of life they’d just stick it out. However, more and more older couples no longer want to spend potentially decades more of their lives in an unhappy or unfulfilling marriage. They may find that they have very different visions for how they’ll spend this stage of their lives.
How parents can avoid putting their kids in the middle of their divorce
You can’t necessarily predict how an adult child will react to your divorce. It will depend in part on the circumstances. They may deal better with a divorce that was a mutual decision than one where one parent left or perhaps forced the other’s hand by starting a relationship outside the marriage.You can both help your adult child come to terms with your divorce if you follow some of the same strategies recommended for parents of younger kids. For example:
All of these can be hard to do, especially if you have a close relationship with your child. You may be used to talking to them more as a friend than your child. However, your focus should be on helping them (and your grandchildren) maintain a close relationship with both of you.Even though you don’t have to worry about co-parenting with your soon-to-be-ex, you still have years of holiday gatherings and milestones of all kinds where you’ll need to be together. The more smoothly you can navigate the divorce, the more easily your family will likely adjust to your new separate lives.]]>On Behalf of Cauthen, Oldham & Associates, P.A.<![CDATA[Are you ever too old to divorce?]]>https://www.cauthenoldham.com/?p=473202022-08-18T18:04:58Z2022-08-18T18:04:58Zdivorces are increasing, with younger couples less likely to divorce than before - partly because more and more young couples try living together first.
There is no law setting a maximum age to divorce
People are living longer than ever before, so if divorcing can help you make the most of your remaining years, then why not do it?
While no legal statute prevents you from divorcing late in life, give your finances a thought. If you are comfortably well off, this may not be an issue, but for many people, the financial hit divorce causes can be hard to cope with beyond a certain point in life.
If you divorce at 50, you have around 15 working years to rebuild your pension and retirement savings. If you divorce at 70, you cannot do that so easily.
Costs can increase with age
Human bodies and defense systems weaken in later years. Hence the chance of needing expensive medical treatment increases. If you lose your health insurance because you were insured through your spouse’s employer, you may need to pay a lot to replace it, particularly if you have pre-existing conditions.
You might also need to hire help around the house to cover tasks that your spouse did for you or would do for you in years to come.
All things said, you only live once. If you have decided it is time to begin a new chapter in your life, seek legal help to look at the financial implications of divorce and negotiate for a fair deal.
]]>On Behalf of Cauthen, Oldham & Associates, P.A.<![CDATA[Feelings to expect when divorcing a mentally ill spouse]]>https://www.cauthenoldham.com/?p=473182022-08-11T18:42:24Z2022-08-11T18:42:24ZFor years you worked hard to help your spouse overcome a mental illness. Over time, you understood that it is not your responsibility to heal your spouse, so you reluctantly decided to get a divorce.
Mental illness can devastate intimate relationships, especially if the ill person won’t cooperate or seek help. You may feel prepared to divorce such a partner, but you should expect to feel some uncomfortable emotions of your own.
You’ll probably feel guilty
It is hard to walk away from someone you care about when they are unwell. Even if you expect to feel guilty about your divorce, the intensity of the emotion can take you by surprise. Instead of staying married solely out of guilt, work to overcome these feelings during your divorce.
You may keep worrying about them
One of the top reasons those married to someone with a mental condition delay divorce is worry. How will your spouse survive if you aren’t around? Will they be okay, or will leaving make their illness worse? Although understandable, these emotions can weaken your resolve and drag an unhappy marriage out even longer.
You can still feel the loss of your relationship
If you expect to immediately revel in the possibility of newfound freedom, think again. You will probably mourn your marriage even though you may feel anxious to get out. Those who experienced years of responsibility for someone battling a mental illness often feel lost and without purpose during and after divorce.If divorce is truly your final solution, don’t let your emotions get the best of you. Staying focused on your Florida divorce proceedings can distract you from your negative thoughts until your new life is underway and thriving.]]>On Behalf of Cauthen, Oldham & Associates, P.A.<![CDATA[The 3 red flags of parental kidnapping]]>https://www.cauthenoldham.com/?p=473162022-08-01T21:37:24Z2022-08-01T21:37:24Zparenting time and to be the primary parent following the divorce. Your soon-to-be-ex spouse isn’t happy about that, and, since they have family in other states and abroad, you’re concerned about what they may do to limit your access to your children if they don’t get their way.
Is parental kidnapping a concern in your case?
There are a few red flags that signify that parental kidnapping could be a concern in your situation. Here are three.
The other parent gets your kids passports
The first thing to watch for is any change in what the other parent is buying for your child, along with the purchase of a passport without your knowledge or permission. If your child mentions that their other parent has gotten them a passport, or if you see your children excited about an upcoming trip you don’t know about, those are big red flags.
The other parent starts collecting copies of important paperwork
Another time that you have to be cautious and should discuss the risk of kidnapping with your attorney is if the other parent starts collecting copies of important documents like your children’s birth certificates, school documents or medical records. They could be getting copies just to have them on hand, or they could be preparing to move.
The other parent threatens to withhold your children
Finally, if the other parent threatens to take your children away, let your attorney know. They need to know that the threat has been made. Keep evidence of the threat if you can.
These are three red flags that you have to watch for. If you’re concerned, let your attorney know you think there is a risk of parental kidnapping as soon as possible.]]>On Behalf of Cauthen, Oldham & Associates, P.A.<![CDATA[Should you seek a confidentiality agreement for your divorce?]]>https://www.cauthenoldham.com/?p=473132022-07-28T23:40:14Z2022-07-28T23:40:14ZYou’ve probably heard about celebrity couples having confidentiality agreements as part of their divorce. You may not think you need that. After all, the tabloids probably aren’t interested in why your marriage is ending or the terms of your property division or support orders.However, these agreements can help protect your business and your professional reputation. Let’s look at reasons why you may want to consider seeking a confidentiality agreement before you turn over any information to your spouse and their legal team.
Business information
One of the first things you’ll both be required to do is fully disclose all of your assets and debts. If you own your own business, this might include information on financial performance, client data, potential mergers or acquisitions and more that you don’t want to get into the public domain.Even if you aren’t an owner of the business you work for, you may be asked to provide information that is subject to non-disclosure agreements (NDAs) – particularly if you’re an officer or executive. If that’s the case, it’s best to check with your employer’s legal department before turning it over as part of your financial disclosures.
Personal information
A confidentiality agreement can also help prevent your soon-to-be-ex from disclosing personal information that could harm your reputation and potentially your career. You likely won’t get a judge to approve a confidentiality agreement just because you’re concerned about the other parents at your kids’ school or the people at your country club finding out that you’re getting help for a drug problem or had multiple affairs. However, if you can show that if this information got out, it would cause financial harm, they’re more likely to agree to it.A good rule of thumb is that information that wasn’t publicly known prior to a divorce shouldn’t get into the public because of the divorce. If everyone could be trusted to abide by that rule, we wouldn’t need confidentiality agreements. However, emotions can run high – even during amicable divorces. Revenge can make people feel better for a moment. Having a confidentiality agreement that subjects those who violate it to financial penalties (and likely the disapproval of the judge overseeing the divorce) can be a worthwhile preventative measure. With sound legal guidance, you can decide if it’s a good idea to seek one and, if so, improve your chances of getting it.]]>