Tag Archive for: divorce

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.

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.

How to Tell Your Children You Are Divorcing

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If you are a parent who is thinking about or is already in the process of divorce, you’re probably concerned about how to break the news to your children. When parents divorce, it has an impact on adult children, friends, and even distant family, but it’s usually minor children who experience the most stress from this event.

Even if your children have been aware of an ongoing conflict in the home, many hold out hope that conditions are going to improve. Once you are certain that you are going to go through with a divorce, it’s time to let them know. One thing that should be front and center throughout this entire process is the needs and feelings of your children. This is a conversation that your children will likely remember for the rest of their lives, so you want to minimize their pain and be as prepared as possible.

Present a United Front. When you do break the news, you and your spouse should try to do this together. You obviously have your differences, but this is one of the times that, if possible, you should come together. It’s not necessary that you go into specifics about who did what, but this is your opportunity to let your children know that things are going to change. You should both try to stress to your children that you are working together on their behalf.

Address All Children at Once. It may be tempting to leave young children out of the conversation, but this has proven time and again to be a mistake. Most experts agree that it’s best to speak to all the children together so that there isn’t a burden on one child to keep secrets from the others. If they all hear the same message at the same time, there can be no confusion.

Discuss Your Plan in Advance. Avoid going into this important conversation without a plan. Speak with your spouse in advance about what you will say and what you won’t. For example, you want to stress that what is happening isn’t their fault and that you both still love them. Blaming or playing a game of good cop – bad cop during this meeting is a bad idea.

Expect a Variety of Reactions. Depending on your children’s ages, their reactions to the news might vary. Some will yell or break down and cry, while others may be worried about how the divorce will impact their needs and schedule. For example, there may be fears about having to move or switch schools. Be ready to handle these emotions and possible objections.

Be Willing to Answer Questions. Leave plenty of time for this discussion, since your children may have some questions. They might want to know about the divorce process or if they will have a disruption in their schedule. Leaving them with unanswered questions will only add to their stress.

Offer Your Support Now and In the Future. Let your children know that you understand that divorce can be difficult and that you care about their needs. If this news comes as a shock to them, they may need some time to process it and adjust to the new schedule. Stress that they can come back and speak with you about this at any time. Depending on the child and the circumstances, you may also want to offer the option of counseling so that they can speak with an unbiased person about their feelings.

Speak with a Qualified Florida Family Law Attorney About Your Situation

Any divorce is emotionally challenging, but it is particularly so when there are minor children involved. You not only have to look out for your best interests but theirs as well. If you are contemplating ending your marriage, there are many factors to consider that you may wish to discuss with an experienced Florida divorce attorney.

Crystal Collins Spencer, Attorney at Law, has more than 30 years of experience representing parties in divorce cases throughout Florida’s panhandle. We have offices in Pensacola, Fort Walton Beach, and Sandestin and are happy to schedule a free and confidential review of your divorce or child custody case.

Contact us now at 850.912.8080 or online to schedule an appointment.