Destin Law Blog

When Florida couples get a divorce, they may want to take steps that will help protect their finances. For example, couples might want to separate their joint accounts and open individual ones. They may also want to review their credit records to make sure they are aware of all accounts and should avoid taking on more debt.

While they might want to use a personal account to save for a divorce, it is important that couples be transparent with one another so it does not appear they are trying to hide assets. For example, a person should inform the other spouse if removing something valuable from the home, and neither should take all the assets from a shared account. A person who is concerned about a spouse destroying valued possessions might remove those possessions but should include them on the list of assets filed with the court. People can also get copies of documents related to assets and take photographs of any objects that are valuable. They may also want to get a post office box for privacy.

Some Florida parents may have visitation rights to their children after a divorce, but this is not the same as custody and may not give them the right to have their children live with them. Visitation refers to a person's right to time with his or her children. A common visitation arrangement might involve a child spending every other weekend and one weeknight with the noncustodial parent.

While many people may think of custody as referring to which parent a child lives with, it is actually just the definition of physical custody. Legal custody refers to which parent has the right to make decisions about a child's religion, health care, school and other important issues. It is not uncommon for one parent to have physical custody while both of the ex-spouses share legal custody.

When Florida parents decide to divorce or end their personal relationship, one major priority is often ensuring that their relationship with their children is not a casualty of that same choice. This means that child custody issues can be among the most contentious aspects of the end of a marriage, particularly when both parents have been active in their children's' lives. In making decisions about child custody, family courts have a responsibility to prioritize the best interests of the children on multiple levels, including economic stability, health and education.

In some cases, it may be possible for the parents to put aside their personal differences and develop a mutually agreeable joint custody agreement as part of divorce negotiations. A joint custody solution can involve agreeing on a parenting plan. However, in many cases, the relationship between the parents is too frayed to come to an agreement on child custody, and the matter must be decided in family court.

Some fathers in Florida who are going through a divorce might wonder whether they can get full physical custody of their children. Traditionally, courts have awarded custody to mothers. Furthermore, there is some stigma attached to divorced fathers as deadbeat dads or otherwise being uninvolved in their children's lives. However, there are still things fathers can do to increase the likelihood that they will be awarded physical custody.

Fathers should document all the time they spend with their children as well as any financial expenditures. The father should also be prepared to be questioned by the judge about the relationship with the child. With the best interests of the child in mind, the judge will want to make sure the relationship is a good one.