According to USA Today, the divorce rate for couples over 55 has doubled since 1990. For couples 65 and older, the rate has tripled. What’s been called “gray divorce” is becoming more common, especially in Central Florida, which has a thriving retiree population. If you’re in the process or considering a divorce and you’re 55 or over, there are several things to consider. Learn more about the challenges of divorce after a long-term marriage here.   What’s Considered a Long-Term Marriage? Florida family courts give special considerations when determining property division and spousal ..read more

Florida HB1301 went into effect in July 2023 and changed how courts view time-sharing arrangements for parents with minor children going through a divorce. The goal was to ensure children have frequent and continuing contact with both parents after a divorce. Until this law was passed, Florida courts didn’t favor one type of custody arrangement over the other. Chapter 61.13 of the Florida Statutes now includes a rebuttable presumption that equal time-sharing is in the child’s best interest. This means that courts will order equal time-sharing as the preferred schedule unless one parent can pre ..read more

Navigating a divorce can be emotionally and legally challenging. The right divorce attorney is critical to the outcome of your case. You need an attorney who will protect your rights and advocate for your family’s best interests. However, with so many lawyers to choose from, how do you find the right one to represent your divorce case? Having some questions prepared during your initial consultation will help you determine whether your family lawyer will be a good fit. Here are some of the questions you should ask your family law attorney before hiring them:  Do You Specialize in Family La ..read more

As an equitable distribution state, possessions, property, and financial accounts are split fairly in a Florida divorce. Equitable distribution divides assets fairly instead of a down-the-middle split. All marital assets, including debt, are subject to equitable distribution in a Florida divorce. Determining how to split debt during divorce proceedings can be a contentious process. Here’s what you need to know about handling debt when getting divorced.  What is Marital Debt? Marital debt is any debt that was acquired during the marriage. In Florida, all debts attained during the marriage ..read more

Child support is required in most divorce cases when minor children are involved. Even if parents split time evenly with the children, child support is still awarded to one parent to ensure the children are financially taken care of regardless of which parent they stay with. Child support agreements are made as part of filing for divorce. Once the divorce decree has been made, the child support order goes into effect indefinitely. After a few years, you may find that your circumstances have changed, and you need to modify the original child support order. Below, we discuss how and why to updat ..read more

Child support ensures children receive the financial assistance they need to thrive. This financial support helps cover the costs of food, clothing, childcare, education, healthcare, and other expenses associated with raising a child. Child support payments are necessary in most divorce cases—even when children split time evenly between both parents. Who’s responsible for paying child support depends on several factors, such as income and the time your children spend with you. Contact the Remsen Family Law Firm to help you navigate the complexities of child custody and child support in divorce ..read more

When filing for divorce, it is common for couples to have disagreements. However, a spouse who refuses to sign the divorce papers or participate in proceedings can make the process even more stressful. Whether your spouse refuses to sign because they believe you can repair the relationship or simply want to make the process more difficult, you can still get divorced. Here are the steps to file for divorce even if your spouse doesn’t want to split:   Step 1: File Petition for Dissolution of Marriage  The first step in getting divorced is filing a Petition for Dissolution of Marri ..read more

Accusations of domestic violence are taken seriously in the Florida court system. According to FL Statute 741.28(2), domestic violence is any offense that causes injury between two people who are immediate family members, relatives, or those who reside in the same household. Domestic violence can include several criminal acts, such as assault, battery, stalking, kidnapping, and false imprisonment. Domestic violence is a severe charge that will impact most aspects of your divorce decree, whether you’re accused of domestic violence or have been charged with it in the past. Here’s how domestic vi ..read more

The state of Florida recognizes that both parents should be involved in their children’s lives as much as possible. When going through a divorce, courts encourage parents to work together to develop a parenting plan that outlines time-sharing and parental responsibilities. Under Florida law, mothers and fathers have equal rights to spend time with their children and make decisions about how they’re raised. However, there are rare circumstances where both parents having decision-making power isn’t in the children’s best interest. In these cases, physical custody and parental responsibility may ..read more

Parenting plans are written agreements that specify how children will split time in divorce or co-parenting situations. They also define each parent’s expectations and responsibilities regarding raising their children as co-parents. Final divorce decrees cannot be granted until a parenting plan is approved for divorce cases involving minor children. Creating a parenting plan can be a time of high emotional stress, which makes it challenging to ensure all vital aspects of time-sharing are covered within the plan. Here are the top scenarios that should be addressed in a parenting plan but are of ..read more