Divorced Parents: Planning for Family Vacations

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There are a number of different ways that families are adjusting to the realities of divorce these days.

You may have read about celebrities who decide they will all vacation together – former spouse, their new partner, wife or husband and their new partner and all of the kids combined into one big happy family in a lovely vacation paradise.

If this does not describe your reality, you are not alone.

Especially in the case of newly divorced parents, emotions are still raw, and it is not likely you will all be cohabitating in a luxury spot anytime soon. Any disagreements can lead to even larger battles that you want to avoid for the sake of the kids.

So how does one plan for these events?

Putting the Kids First

What do the kids want to do and are you willing to travel there?

Let’s say it’s Disney World and you and your former spouse are on the same page that you will take them. Are you able to go at the same time and not fight in front of the children?

If not, consider splitting your time – maybe one person takes the first 3 days, the other for the next three days. You can rent one hotel and just split the time. As one vacates, the other parent arrives.

If possible, you can go at the same time. One parent can take the kids to the park while the other has some spa time or takes off to go shopping. You plan ahead to all have dinner together, which the kids probably prefer, sort of like the family they once had.

Schedules Are Important

Keeping everyone on the same page is vital and a schedule is the way to do that. It will be up to both parents to come to an agreement and even mediate before a neutral third-party or the court, if necessary. It’s important then to follow-through on the agreed arrangements.

Your child custody agreement will outline what the parameters of your vacation time can look like. Are you limited with how far you can travel? Can you take the children out-of-state and for how long?

Communication between the parents will minimize any problems. You are probably required to inform the other parent about the whereabouts of the children at all times, including taking them out-of-state. You may have to seek a binding agreement by submitting it to family court.

If you are in the midst of a divorce, the parent who wants to take the child to another state on vacation must do so with the written consent of the other parent to avoid facing contempt of court charges. 

Understand that traveling out-of-state is not the same as a relocation of the child. It is temporary and the child is expected to return.

Time-Sharing Agreement

Time-sharing conflicts often pose some of the most contentious parental conflicts. A time-sharing agreement is required under Florida law as part of the child custody agreement.

In the agreement, both parents must agree to how much time each will spend with the child including vacations, weekends, school holidays, and even overnights. It is in your best interest to coming to some agreement over this between the two sides because your other option is to have the court become involved.

A judge can appoint a parenting coordinator to mediate any disputes the couple cannot.  It is always best to come to your own agreements as the court-imposed agreement might not be agreeable to either of the parties.

Your Florida Family Law Attorney

Crystal Collins Spencer is a dedicated and experienced attorney who focuses on family law matters and all of their ramifications. Understanding and committed, and with 30 years of courtroom experience, she has addressed matters such as alimony and child support, paternity, child custody, and hidden assets.

She will aggressively advocate for you with regards to child custody and parenting agreements and other important family legal matters.

You can reach her to begin the conversation in her Pensacola office at 850-795-4910. We can also arrange a remote consultation due to the COVID-19 pandemic. Despite the court system moving more slowly, we can prepare much of the necessary paperwork to outside of the court to move your case forward.

Should I Stay in the Marital Home During a Divorce?

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Besides children and finances, deciding who will reside in the marital home is one of the most common issues during a divorce.

Your home was supposed to be your sanctuary, a place to raise the children and be a family unit. Now that that dream is shattered, you may feel the need to cling even more closely to the idea of “home” but, at the same time, you may not find it wise to take on the financial burden of carrying a home with the cost of utilities, insurance, taxes, and upkeep.

As a marital home is usually the largest asset owned by the couple, it may not always represent an asset. Not only upkeep but a down real estate climate or an upside-down mortgage need to be considered to determine if the home represents an asset or a liability.

So, what are some of the considerations?

Equitable Distribution in a Divorce

Florida is not a community property state where assets acquired during a marriage are owned equally by each spouse regardless of who earned the money. 

Florida considers marital property to be divided under the laws of “Equitable Distribution.”  That means any assets or property acquired during the marriage are to be divided in a fair and equitable manner.

That might include the funds that purchased your marital home.

If you cannot agree, the judge overseeing your divorce will step in to divide the assets as well as the liabilities or debts.

The judge may not always rule in your favor. Flexibility in negotiating with your spouse will be the key here. 

Equitable distribution does take into consideration the assets contributed to the marriage by the spouse who brought in fewer dollars but took care of the children and the value that brings.

The Marital Home

Assuming for the sake of discussion that one spouse wants to remain in the marital home.  It was purchased during the marriage so is considered an asset that must be divided.

On the other hand, if one spouse owned the house before the marriage it may not be considered an asset to be divided.

The decision to stay or not might rest on the level of equity in the property. A home that represents a considerable investment is different scenario from a house that is largely still owned by the bank. 

If there is considerable cash in the house, consider how having that cash might improve your future?  Can you purchase a smaller home that is more than adequate? Can you change neighborhoods or buy a less costly home, a condo, or townhouse and have money in your pocket?

These are all variables that need to be discussed with your experienced Florida divorce attorney who will help you establish a settlement agreement with your best interest in mind.

If the home is a marital asset, the judge may order the home to be sold so the proceeds can be divided. However, if one spouse feels strongly about staying in the home, especially if there are children, the relative value of that decision could result in an award to the other spouse of additional monies or assets making the division more equitable.

The judge also has the option of allowing someone to stay in the home for a specified period of time, after which, both parties agree to sell the home and divide the proceeds.

Keeping the Marital Home

There are other variations to the house situation. In some cases, the marital home may continue to be co-owned for a limited time, say for when the children need to go to a new school or when they graduate. At that time, the house is sold, and the proceeds will be divided according to your divorce settlement. 

In this scenario, one parent may opt to move out making the home more peaceful for those remaining.

This takes a special sort of cooperation between divorcing spouses. The house presumably will appreciate and the children can stay in the same school with the same friends but dividing assets will have to wait.  This arrangement will need to be documented in written form.

Selling the Marital Home

Determine the value of the home before you make any permanent decision. A real estate agent can determine the sales price if marketed today. The other option is to go online and come up with “comps” or comparable homes in the neighborhood.  Average three or so and determine the value of the home.

Selling the home can potentially give you the assets you need to move on. Another option is for one spouse to buy the other’s interest in the home, again providing the opportunity to purchase a more suitable home. 

Discussing Your Options in a Florida Divorce

Flexibility is the key and one must be realistic about the cost of maintaining a family home.  

Crystal Collins Spencer has decades of experience helping a spouse through a difficult divorce even when there are assets that may seem to be out of reach. She is adept at researching financial information to find any assets that may be intentionally hidden to bring the most equitable division to the divorce table. She will be by your side to help create a marital settlement agreement that best suits your particular situation. By doing the math she can help you see the wisdom of creating a new life, either in or without the marital home.

Let her be an assertive advocate for your rights during the difficulty of divorce. Call the Spencer Law Group at her Pensacola, Florida office to schedule a consultation at (850) 795-4910.

Please Note: While the Florida courts have temporarily canceled all but essential proceedings during the coronavirus crisis, we are still working while taking all of the necessary precautions, and we can complete much of the necessary groundwork for your proceeding while we wait for things to return to normal.

Creating a Divorce Plan

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Your hopes for a successful marriage are now over. Your marriage is irretrievably broken and it’s time to make a plan for how to go about getting divorced. 

We are sorry that this has happened to you but, making plans will minimize controversy and contention and hopefully create a more peaceful co-existence for both you and your spouse. That is particularly important when there are children involved.

Since Florida is a no-fault state, you do not need “grounds” for divorce.

The divorce plan must consider several factors – just how complicated is your divorce and how much agreement have you reached? Everything you agree to in a divorce plan will save you continued stress from unresolved issues. 

Coming to some agreement through negotiation is the best way to preserve what you consider to be important. Otherwise, you can expect the court to impose an outcome and that can be a wild card.

Understand that everything will change for you and your children. That may include your home, your friends, and your children’s school. You want to make sure that you maintain a certain standard of living and are not forced into a much lower standard. It is a good time to seek counseling to ease the process.

Consider the elements of a divorce:

  • Filing for Divorce – For a Simple Dissolution of Marriage, both parties agree on paper, show up at court before the judge if there are no outstanding issues to resolve. When children are involved, agreement must be reached on their future.
  • Assets and Property – Do you own a business, property, or a house? Have you determined how you will divide your assets? What did each party own before the marriage? What have you acquired since the marriage?
  • Children – The plan should focus on what is in the best interests of the dependent children. Determine who the children will live with or will you split custody? Who is the primary parent to make decision on education, vacations, and medical care?  How will the custodial parent be compensated? Will either parent be able to relocate to another state for any reason with the children?
  • Alimony – If one party is not working, has the other agreed to a support plan? Will there be rehabilitative alimony while that party attends school? Will the stay-at-home parent receive alimony and support for the children?

These are all areas where agreement will be reached either by both parties or, if necessary, by a judge. 

On the other hand, if one of the parties is agreeing in haste to end the marriage, she may not be acting in her own best interest.  This is the time when careful and compassionate counseling from an experienced family law attorney is advised.

Attorney Crystal Spencer will help you explore how best to protect yourself, your assets, and your children when you are facing the difficult decision to divorce.

Filing Divorce Papers

The first paper is a Dissolution of Marriage. It is filed by the petitioner. Under state law, it’s required that at least one of the parties has resided in Florida for a minimum of six months. In a simple Petition for Dissolution, you both agree it is not possible to save the marriage and the wife is not pregnant. You have agreed on dividing assets and liabilities and are both prepared to attend the final hearing.

With children involved, you’re filing will be a Petition for Dissolution of Marriage with Dependent or Minor Children. This paperwork will include your plans on how to divide property, debts, and the issue of alimony.

Disclosing Financials

Under Florida law, expect to have to reveal your financials including assets and debt, credit cards and investments, wages and tax returns.  Any other forms of income must be revealed.

Both marital assets, acquired during the marriage, and non-marital assets, such as an inheritance, gifts, or what the spouse had before the marriage, will be discussed.

The judge will rely on this information to help determine the final financial outcome in your divorce.

Mediation
If you have not come to a divorce agreement, mediation may be ordered. Both divorcing spouses sit down with a neutral third party to attempt to come to an agreement without involving the court.

Your Experienced Florida Family Lawyer

If there has been abuse, hiding of assets, adultery, abandonment in your marriage, or spending down assets recklessly, you can probably assume that coming to an agreeable divorce will be a challenge.

Since any decisions you make now that are not in your favor in the future will be permanent, Crystal Collins Spencer strongly encourages you to let her put her three decades as a family law specialist to work for you.  

Our law firm is committed to excellence and compassionate care of our clients. Let our experience work for you whether you are in Pensacola, Fort Walton Beach, or Sandestin. Let’s begin the conversation at (850) 795-4910.

Bankruptcy and Divorce

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Getting divorced but also need to file for bankruptcy? You are not alone. Many former couples find themselves in a situation where they are no longer happy and would like to separate from one another. However, they may need to file for bankruptcy as well because it is the best decision for them based on the amount of debt they have together. If you are not sure how to go about getting through the divorce and bankruptcy process simultaneously, there are some important things you should know.

It Is Possible to File for Bankruptcy as a Couple Before Divorcing

Even if you are ending the marriage because things did not work out between yourself and your spouse, you may still file for bankruptcy together. In fact, it is often better to do so when you have a lot of co-mingled debt (that belongs to both of you) and you are struggling to pay it all back. It is easy to get into debt when you have credit cards and loans that you are struggling to pay off on time, but it is hard to get out of debt because of all the extra charges, including interest payments and late fees. In some cases, it might make sense for you and your spouse can file a petition for bankruptcy together before divorcing. The benefit of filing together is that both people can have their qualifying debts discharged in one proceeding.

You Can Spend Less When Filing with Your Spouse

It is frustrating enough to have a lot of debt, but the situation tends to become more stressful when you realize that you will initially need to pay for the cost of filing for bankruptcy. While there is a fee that you would need to pay, you can end up spending less money on filing costs when you decide to file for bankruptcy with your former spouse. You can share an attorney with your spouse, which can help both parties save even more.

You Can File Separately If Necessary

In some instances, it might make more sense for you to file for bankruptcy separately after the divorce instead of with your spouse before the divorce. If you cannot get along with your spouse and things are getting nasty with the divorce proceedings because your spouse fails to communicate or compromise on anything, you might not feel comfortable with the idea of filing for bankruptcy with them. When situations like this occur, it might be a much better idea to do this on your own, even if it means you will not save as much money as you would when filing together.

Know Which Chapter Is Better When Divorcing

If you are going to file with your spouse, you need to know which chapter would benefit you more. When filing Chapter 7 bankruptcy, you and your spouse may need to sell off certain assets to pay the money back to the creditors – although you can exempt more property when filing together. Assets that may need to be sold could include additional vehicles and real estate properties. If you are liquidating everything because of the divorce, you can get through the bankruptcy process a bit faster, which means you can get on with your divorce sooner as well.

If you file Chapter 13 and make payment arrangements, those arrangements could last for several years. You would need to make sure your spouse is reliable enough to pay his or her fair share of the payments each month. If you do not think you can trust your spouse with something like that, then it is probably better to file for Chapter 13 separately after the divorce is finalized.

Need to Get Divorced Before or After Filing for Bankruptcy? Let Spencer Law Assist You

If you need to get divorced from your spouse but you also need to file for bankruptcy because of all the debt you are in, the best way to handle this will depend heavily on your specific circumstances. At Spencer Law, we can provide skilled guidance with your divorce and related family legal matters, and we can help advise you on how a bankruptcy will fit into the divorce proceeding as well. Give us a call today at 850-912-8080 to schedule a consultation.

Obtaining a Passport for a Child in a Divorced Home

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Are you a divorced parent? If you would like to travel outside of the country, you are going to need a passport for yourself and your child. However, you may be concerned about getting a passport for your child because of the other parent. Even if you share joint custody with your ex-partner, there is still a way to get a passport for the child. You will need to know the laws surrounding these types of legal situations before you attempt to obtain a passport because you do not want to waste any time.

Do You Need the Other Parent’s Consent to Get a Passport?

If you have share joint custody with your child, you will need to get that person’s consent to get the passport. In this case, you should talk to the other parent about the situation and your reason for wanting a passport. You might want to take your child on vacation to a beautiful island or you might want to visit family members that currently live outside of the United States. Most parents that split custody of their children are civil enough to provide consent to one another when it comes to obtaining a passport for their child. However, there are times when one parent does not want to cooperate with the other.

If you are the one with sole custody of the child, you do not necessarily need consent from your former partner, even if he or she is trying to stop you from getting the passport. What you would need to do is prove that you are the legal guardian of the child. You could hire an attorney, provide paperwork that proves you are the one with the custody, and then receive the go-ahead to obtain the passport for your child. A non-custodial parent does not have much say over the situation.

When you are unable to locate the other parent, there are special forms that you would need to complete during the application process. You may need to provide copies of certain orders, such as an incarceration order if the other parent is in prison or a protection from abuse order if you had to get a restraining order against the mother or father of your child. A lawyer can help you obtain the right orders.

What Happens When One Parent is Not Cooperative?

While it is a bit easier for parents with sole custody to get a passport for their children when the other parent is not cooperative, it is more challenging for those with joint custody. If the other parent of your child splits custody with you, he or she might object to the passport for any reason. It could be that your ex simply does not want you to have fun or it could be that the parent worries about the safety of the child when traveling outside of the country. In some cases, the other parent may attempt to get a court order that would prevent you from getting the passport for your child. When you have a situation like this to deal with, you need to hire a lawyer. A family law attorney can go over some of your options and help you figure out the best steps to take to resolve this issue. The other parent must also realize that traveling outside of the United States can be a learning experience for the child. It is important for both parents to think of the child in these kinds of situations rather than feuding with one another.

Having Trouble Getting a Passport for Your Child? Hire a Family Law Attorney Right Away

When you need to get a passport for your child because you are looking forward to traveling to a different country, you may need to get consent from the other parent. While this is not a problem for some people, others may have a difficult time getting the other parent to cooperate for one reason or another. If you are having a hard time and you want to get the passport for your child as quickly as you can, contact Spencer Law at 850-912-8080 and schedule your appointment to consult with our legal team. We are experienced family law attorneys, and we are ready to go to work for you!

Raising Children While Going Through a Divorce

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Going through a divorce is one of the most stressful situations anyone ever has to go through. The situation becomes even more difficult when you have children, especially young children. Getting divorced later in life, with your children now grown adults with families of their own, might not be as hard on them as it is on you. But things are much different when you are going through a divorce while your children are still young and in your care.

How can you manage child rearing as a divorced parent? Can you still co-parent with your former spouse? Here are some tips for putting your children first after going through a divorce.

Improve Communication

One of the first things you must do in order to be successful in child rearing as divorced parents is to improve your communication with the other parent. Even if it means you need to step up and be the bigger person, make it happen. The communication at all times with your ex must be purposeful, consistent and peaceful. If you make this a habit, you will find that raising your children after divorce will be much easier than one might expect.

Make Visitation and Transition Time Easy

Do everything in your power to make visitation and transition time easy on yourself, your former spouse and your child. A child can struggle with the move to a new home every couple of days or even one weekend per month. You will not be able to avoid transition time. Be sure to help your child as much as possible by doing the following:

  • Help your child prepare for the change in location
  • Pack in advance of the transition
  • Drop the child off instead of picking them up
  • Schedule downtime for when the child arrives
  • Keep the basics at each house for the child to avoid double packing
  • Allow your child to have some space
  • Create a routine special to you and your child

Foster Engagement

Make an effort to foster engagement as much as possible with your child. This can be getting them engaged with activities outside the home and with other adults in the family. The more you foster engagement, the better off your child will be as you raise him or her as divorced parents. Doing this moves the focus from the love lives of the divorced parents to something the child can enjoy without worry.

Take Care of Yourself

This might seem like an obvious statement, but you must take care of yourself after going through a divorce. Why? If you are unable to recuperate emotionally from the divorce, it will show when you are around your child. It might also prevent them from moving on with their life. You need to make it a priority when it comes to taking care of yourself. This doesn’t mean you have to ignore your child or their emotional needs. You just have to be aware of your own mental and emotional health in order to help your child heal from the divorce.

Provide a United Front

One of the worst things you can do when child rearing as divorced parents is fight with each other all the time about how you are going to discipline your child or handle other issues. You need to provide a united front for your child. Even if the two of you don’t get along, you must unite on the following issues:

  • Similar rules
  • Similar disciplinary actions
  • Consistency in the child’s schedule

A united front also comes into play when it comes time to make decisions about your child’s life. Both of you should have a say in the medical care, financial upbringing, and education of your child. One parent should not decide where the child is going to attend school or how medical treatment will be handled. You both need to find a common ground.

Speak to an Experienced Family Law Attorney Today

Have you decided that you can no longer stay married to your spouse? Have you gone through mediation? Did you attend therapy? If so, it’s time to speak to an experienced and trusted family law attorney in Pensacola, Florida. With offices in Pensacola, Sandestin and Fort Walton Beach; the team from the Spencer Law Group, PA can help you understand what it takes to file for divorce. Call our office in Pensacola at 850-912-8080 to schedule a consultation.

Can Divorce Impact my Credit Score?

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Does getting a divorce impact your credit score? The short answer is, not directly, but possibly indirectly.

No Direct Impact

There is no direct impact on your credit score when you finalize a divorce, because the credit reporting agencies do not consider marital status as a factor in determining your creditworthiness. That being said, there are indirect effects from the divorce that may have an impact on your credit score.

Former Spouse Fails to Pay Joint Bills

Did you fail to separate all of the finances in the divorce? If so, you might still have joint bills in both your name and your former spouse’s name, and some of these might be your ex-spouse’s responsibility. If this is the case, you’d better hope he or she pays those bills. If they don’t, this will negatively impact your credit score – unless you decide to pay them yourself. The bottom line here is that the financial institutions don’t care who was told by the judge to pay these bills. If both names are on them and they aren’t paid, both people will see their credit score suffer.

Refinancing the Home

Have you decided to keep the family home in the divorce instead of selling it and splitting the funds? If so, you might have to refinance the home to get a mortgage with just your name on it. This can add a lot of debt to your name and to your financial record, which could impact your credit score. This is one reason many divorcing couples sell the family home and split the funds from the sale.

Dropping Down to One Income

Did both you and your spouse have jobs while married? If so, the drop to one income from two after the divorce is finalized might impact your credit. The biggest impact will be when you try to apply for a new credit card, a financing plan, or an auto loan. Your income might not be enough to successfully acquire one or more of these accounts.

Access to Accounts Remains

Does your former spouse still have access to your bank accounts or other financial accounts? If so, this can impact your credit score immensely. This is especially true when couples keep joint credit card accounts after they’ve separated or divorced. Both people named on the account will be responsible for the amounts that are charged. If those bills aren’t paid, your credit score will take a hit.

Decrease in Credit Limits

Many credit companies will check in on their customers every so often and review their financial records. The credit agreement might state that the credit company can change the limits on the account if they deem necessary. If your former spouse was making more money than you, and the credit company reviews your situation after the divorce, the company could decide to lower your credit limit because your income is now substantially less.

One Spouse Fails to Pay Their Share

Depending on the divorce decree, your former spouse might be required to pay for some of the shared liabilities from the marriage. If this is the case, your spouse will need to make these payments. If he or she fails to pay their share from the divorce decree, it can significantly hurt your credit score. This most often happens when there is property that is owned jointly, like the family home, or any other property.

Taking Control of Your Finances after a Divorce

Following a divorce, the state of your finances will be largely determined by whether or not you retain the assets you are entitled to. Florida law requires a fair distribution of property between the spouses, but fair is in the eye of the beholder.

Fair and equitable does not necessarily mean you will walk away with 50% of everything.  Many factors determine how assets will be divided including each spouses’ contribution to the marriage, some of which may not be financial in nature. 

It is always advisable that the couple decide together how to divide assets. Otherwise, a judge might not give either spouse what they believe is fair.

Settlement Agreements in a Florida Divorce

Taking control of your finances after a divorce may start with a settlement agreement. In this case, both sides should resolve all outstanding financial issues and you will likely want to separate finances as soon as the divorce is final, if not before. 

Some outstanding issues to resolve with regards to your finances include:

  • Your Home – Unless one person is staying in the home, it may need to be sold. Repairs, painting, yardwork, all that needs to be done prior to a sale should be considered to get top dollar
  • Your Debts – How will you divide what you owe should be a priority in this new reality. This is where mediation may help
  • Businesses – If a business is owned by the couple, for example, but it is difficult to divide, the other spouse may instead receive property
  • New Bank accounts – Check with a CPA and insurance broker. You may want to open a new checking and savings account if you had joint accounts previously. Your retirement account should name only you now
  • Credit Cards – Any credit cards should be in your name only unless you prepared ahead for your spouse to pay the bill
  • Your Will – Update your insurance policies and your will. Make sure you change beneficiaries 
  • Your Budget – Adjust your budget to the new reality of child support payments, rent or mortgage, food, auto expenses, insurance payments, everything will need to be adjusted with a new budget. Do not assume you can live the same way you did before. You may discover you can save money by cutting back on non-essentials and finding ways to pay less for your cellphone, cable, and credit card. 

After the divorce, you need to check your credit score regularly and even sign up for an alert if the score changes so you can rebuild your credit. Request a credit report, so you know where you stand. If there is a mistake on the report, alert the agency in writing.

Contact an Experienced Divorce Attorney Today

Are you ready to file for divorce in Pensacola, Florida? If so, it’s time to contact an experienced divorce attorney about your situation. Call the office of Crystal Collins Spencer at 850-912-8080 to schedule an appointment today. Divorce is complicated. Making sure your soon-to-be former spouse doesn’t have access to your finances is important. Our attorney can help ensure that your finances are protected in divorce.

Who Makes Healthcare Decisions for Children of Divorce?

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You’ve decided to get a divorce and you have children. Ideally, the husband and wife share the children and make parental decisions in the best interest of those children. Unfortunately, it does not always work out that way.

The court will require the parents to agree on a child custody plan which includes some coordination and agreement on how you will parent. This includes agreement in the area of housing, friends, education, religion, travel and sports, among other concerns. Healthcare can be particularly sticky point for parents who do not agree on how to co-parent.

Custody of the Child

The first question is who will have majority parenting time for the minor child or children. In some limited cases, the judge will award one parent sole legal custody of that child. That means the custodial parent also has legal custody and does not have to consult the other about parenting decisions, such as medical issues.

Again, the judge has made the determination that the sole custodian has the best interest of the child at heart. In some instances, the judge may consult with the child as to which parent he would prefer to live with. He may not even ask that question in front of the parents, depending on the child’s age.

Most of the time, however, divorcing adults in Florida are co-parenting and expected to jointly make the best decision about medical care of their children. Generally, the parent who the child lives with is going to be considered the primary custodian.

Because they are co-parenting, the parent with majority parenting time has a duty to consult with the other parent, particularly when the medical care is of a non-emergency nature. This would not generally apply to an emergency situation when one parent must make a quick medical decision.

Disagreement About Medical Treatment

As you can imagine, there is not always agreement about medical treatment for a minor child.  Should he have vaccines as they are scheduled or seek an alternative vaccine schedule? What medication, if any, should a child be put on if he/she displays hyperactivity and is disrupting the classroom? If there is some question about how the child is learning because he is falling behind in school, should he go through a battery of cognitive tests? Should a child undergo surgery if one doctor recommends that course of treatment?

And who should pay for the extra cost of a child’s medical care? Both parents may be required to share the costs unless there is a huge disparity in their incomes. The costs may be considered as part of child support and the child may fall under one parent’s healthcare plan.

All of these are common questions that occur concerning children’s health, even when the parents are still together, and certainly they can cause havoc to an already stressful divorce situation.

If there is a repeated pattern of ignoring or violating one parent’s wishes, that individual may decide to file to amend the co-parenting status and file a legal custody modification.

While it is always better for both parents to work together and collaborate over the child’s health, this may not be possible. This is when the judge gets involved and family court may have to appoint an independent guardian ad litem to study the situation and determine what is in the child’s best interest. The guardian then makes a recommendation to a judge.

If you are dealing with conflict over your child’s medical decisions, we would like to discuss your next step in protecting the child’s best interests.

Crystal Collins Spencer has been an advocate for children and families during her career in family law. She can work closely with you to develop a practical plan and ultimately a course of action that works for you and your child.

You may need her to advocate your concerns before the judge, and Ms. Spencer is highly regarded in Florida child custody cases. She is sensitive to the needs children and will consider their welfare in any decision to help ensure that the outcome is the one that is best for the child.

Please contact our offices in Pensacola, Destin, Fort Walton Beach & Panama City today for further assistance.

Sources:

The Florida Bar on Divorce
https://www.floridabar.org/public/consumer/pamphlet010/

Getting Divorced as a Senior Citizen

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Retirement can be no fun when you no longer like the person you are supposed to be spending it with. This is the situation that many Baby Boomers find themselves in, and according to the latest statistics, some are deciding not to stick around for the long haul.

Pew Research Center reports that the rates of divorce among Americans over the age 50 has nearly doubled since the 1990s. Now that people are healthier and living longer, they want to enjoy their golden years as much as possible. Termed a “gray divorce” by some, couples who decide to split at any age should have the right information to protect themselves.

Couples might divorce after the age of 50 for the same reasons younger couples go their separate ways; infidelity, financial difficulties, a need for more independence, or a change in ideas. There are some differences, however. Older adults face some unique challenges related to health and financial concerns, losing parents and friends, and dealing with getting older.

If you are thinking about getting a divorce later in life, you are not alone. That said, you are going to have less time to emotionally and financially recover from this split, which will present some unique challenges. So, what are some of the special issues you might face when considering divorce as a senior citizen?

Alimony is Often Awarded

Under Florida law, alimony is more likely to be awarded when a long-term marriage ends. Even if neither spouse is still working, the courts will examine the facts of the case to determine whether spousal support should be paid.

Alimony is meant to protect the spouse that is most financially vulnerable after a divorce. When a long-term marriage ends, the courts could award permanent or temporary support to help that spouse get back on their feet. When re-employment isn’t an option due to health or age, this is a consideration as well.

How Will You Deal with Retirement Accounts?

Couples that have been together for decades have probably accumulated quite a few assets and even some debts. You’ll need to agree on how to split these up, but one of the most complex issues centers around retirement accounts.

In Florida, all retirement assets can be the subject of equitable distribution in a divorce. This means that it doesn’t matter whose name is on the retirement account. When you have been married for many years, and these assets have value, it is vital that you work with an experienced divorce attorney that will make sure you receive your fair share.

Housing Can Be More Challenging

Many retirees resist the idea of giving up their marital residence. It can be an emotional choice to walk away from a longtime home, but it can also be costly to hold onto it. While it might be more difficult to find alternative housing as a senior, the alternative may not make financial sense. If you insist on taking the house in a divorce, this could be an asset that holds a great deal of value.

This means that your spouse might get something in return to even out the share of assets. This could be a greater share of a retirement or pension account or the requirement to pay less in alimony. It is also important to consider that homes come with expenses and there won’t be as much income available in the future to cover things like maintenance, insurance, and property taxes.

Your Kids Still Matter

While most senior citizens don’t have minor children, that doesn’t mean that the kids don’t matter. Granted, there won’t be contentious issues such as custody and child support, but adult children can become involved in what is sure to be a highly emotional process.

Some adult children are still receiving some type of financial support from their parents, and feel threatened by the idea that the money will soon be split. Adult children can also take sides in a divorce and attempt to influence one parent or the other. The best course of action in these cases is to keep everyone’s feelings in mind when navigating this difficult process.

Considering Divorce as a Senior Citizen?

If you are a senior citizen and are either planning to get a divorce or have been served with a notice by your spouse, the experienced divorce attorneys at Spencer Law, P.A. can help. We understand that ending a marriage is stressful enough and our goal is to help you through this period while doing everything possible to protect your financial future. For help with divorces in Escambia, Bay or Okaloosa County, call our office at 850.912.8080 or send us a message through our web contact form to schedule your initial consultation.

Should I Date During my Divorce?

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A dissolution of marriage is a difficult and emotionally-charged process. There are a lot of issues that must be resolved, and there is great uncertainty about the future. Some divorcing spouses mourn the loss of their marriage and they are in no hurry to start dating again. Others are anxious to get back out there, especially if the marriage has been essentially “over” for a while and they have already detached emotionally from their soon-to-be ex-spouse.

In Florida, there is nothing that legally prohibits spouses from dating during the divorce process. So, to the question “can I date during my divorce?”, the answer is “yes”. As for the question of “should I date during my divorce?”, the answer is far more complicated. Dating may impact the dissolution of marriage process in a number of ways, and there are some emotional and legal factors that you should consider before deciding to take this step.

Are you Ready to Date?

One of the first issues to consider is whether or not you are ready from a purely emotional standpoint to start dating again. Some spouses, especially those who may have been blindsided by the divorce, want to date someone new just to put the current breakup behind them and project the notion that they are “moving on” with their lives. This may seem like a good approach, but the reality is it could leave you in a vulnerable position and expose you to further heartache in the future. So, before you go back on the dating scene, take an honest look at your current emotional condition to decide if this will be good for you.

Dating Could Lead to a Messier Divorce

Whether you are ready to date or not, another issue you need to consider is the impact your dating relationship will have on the mindset of your spouse and children during the divorce process. Even though the marriage is ending, your spouse may not be “over it” and ready to move on like you are. Dating someone else may create animosity between the two of you, causing the divorce to drag on and become costlier for both parties. And if you have children, you should also think about how they will react to you finding a new love interest so quickly.

Dating Could Adversely Impact the Parenting Plan

Speaking of children, your child custody arrangement (referred to in Florida as the parenting plan) could be impacted by a new dating relationship. Your spouse may argue that you are more focused on your dating life than the kids, and that you are exposing the kids to inappropriate situations. This could cause the court to award your spouse more time with the children. And even if the relationship does not ultimately impact the court’s decision, arguments by your spouse and their legal counsel could prolong the proceeding and make it costlier both emotionally and financially.

Dating Could Adversely Impact Financial Aspects of the Divorce

If you are dating someone during your divorce, it could affect the financial awards you receive from the marriage dissolution. For example, if you use any marital assets for dating purposes, a judge may deduct whatever you spent from the marital property you were to receive. And if you are cohabitating with your dating partner, this could affect any child support or spousal support awards.

Dating in Secret is Not a Good Idea

Some divorcing spouses believe they can solve the aforementioned issues by dating secretly. It may be true that if you are able to keep your new relationship a secret until your divorce is finalized, the process might go smoother. But don’t count on that happening. In today’s digital age, it is easier than ever to uncover this type of information. Cameras are everywhere, social media is prevalent, and word generally travels fast, especially gossip about someone starting a new relationship before the ink is dry on the divorce papers.

Even if you do manage to keep your dating a secret until you finalize the dissolution of marriage, what then? Your ex is likely to find out about it eventually. And if it turns out that you were dating during the divorce and did not tell anyone, this could be used by your ex as a basis to return to court and petition for a modification of the parenting plan and/or a modification of other terms and conditions of the divorce.

Proceed with Caution

There is no clear answerto the question, “Should I date during my divorce?” Whether or not it is a goodidea to start a new relationship depends on your specific circumstances. Thatsaid, dating while a dissolution of marriage is still ongoing is not a step youshould take without some serious thought and consideration. In most cases, itis usually best not to. But if you decide to get back into the dating scene, doso with extreme caution.

Contact the Skilled Divorce Attorneys at Spencer Law

If you have any questions regarding dating during your divorce or any issues surrounding your impending divorce, contact the skilled Florida divorce attorneys at Spencer Law and we can help you work through the difficult decisions you are facing. Call our office (850) 912-8080 or through our website contact form.