Divorcing couples in Florida sometimes set themselves up for disappointment with unrealistic expectations. Even the most fair judge and competent legal team can only accomplish so much in the areas of property division, spousal support and legal issues surrounding child custody. Those contemplating the end of a marriage may benefit from reviewing some of the limitations of the legal process.
It is rare that a judge or even negotiating couple will end up at an exact split of assets from the marriage. A family home, for instance, could sit on the market for months. It may be better for the home to be occupied by a custodial parent, and the other former partner to retain their equivalent share in other assets. Child custody can be tricky as well, even when both parents are on good terms. Schooling, geography and other issues typically result in unequal time and responsibilities.
In a divorce that includes alimony or child custody, one or both partners may have an expectation of maintaining their former standard of living. Efforts are made to limit financial hardship, but parity of the living standards in marriage and after divorce is usually unrealistic. Courts have no ability to increase the total income of the former spouses, and that income will be split between two households.
Divorcing couples are often able to negotiate at least part of their final order before heading to court. Even prior to litigation, however, it may be worth the time and money to enlist the aid of an attorney. A legal advisor could offer attractive alternatives when negotiations stall. They may also spot costly pitfalls, such as tax consequences on the sale of a home that result in an unfair split. Early retention of an attorney can provide this professional with better background on the situation in case of later litigation.
