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Punta Gorda Family Law Blog

Do Florida divorce rates rise and fall based on finances?

On behalf of Dennis R. Wallace of Law Office of Dennis R. Wallace, P.A. posted in property division on Thursday, October 11, 2018.

Divorce rates rely on a great many things, including social and cultural shifts. Financial shifting can also play a role in the number of divorce cases in Florida and elsewhere. It seems that when couples face fewer money struggles they have less motivation to remain in marriages that are no longer working. 

Money is a central focus throughout many marriages, beginning from the engagement period and extending even after the union ends. Various studies support the notion that strife over money is among the leading causes of marital unhappiness. That can be especially true if there are big differences between how each spouse approaches spending and saving. 

Consider a new credit card as a Florida alimony back-up plan

On behalf of Dennis R. Wallace of Law Office of Dennis R. Wallace, P.A. posted in alimony on Thursday, October 4, 2018.

In many cases, a divorcing spouse has a fairly good idea of what to expect when it comes to spousal support. A skilled divorce attorney can review the family's finances and provide a decent estimation of how the property division process will work out and what level of alimony can be expected. However, it's not always possible to predict when those payments will begin, which can leave Florida spouses in a sticky financial spot.

Securing a new credit card can be a good way to create a financial back-up plan in case there is an unanticipated delay with alimony, child support or property division. It's also helpful in establishing credit in one's own name. That's an important part of moving forward as a single person and in building a credit file that is not reliant on joint accounts. 

A marital agreements lawyer can help even after the wedding

On behalf of Dennis R. Wallace of Law Office of Dennis R. Wallace, P.A. posted in prenuptial agreements on Friday, September 28, 2018.

Some spouses create a prenup well in advance of getting married. For others, a prenuptial agreement simply wasn't part of their wedding planning process. That doesn't mean, however, that a Florida couple doesn't have any way to achieve those protections after they say their vows. By working with a marital agreements lawyer, a postnuptial agreement can outline how assets would be handled in the event of a divorce. 

There's never a bad time to consider a postnuptial agreement, but most couples broach the subject at the beginning of their marriage when they realize they neglected to obtain those protections. Another common time when a postnup is sought is at a point in the marriage when it becomes clear that there might be trouble ahead. But those aren't the only times when the discussion would be relevant. 

Divorce among senior citizens is not unusual anymore

On behalf of Dennis R. Wallace of Law Office of Dennis R. Wallace, P.A. on Wednesday, September 26, 2018.

If you are over the age of 50 and thinking about dissolution of marriage, you should know that “gray divorce,” as it is sometimes called, is not unusual.

Between 1990 and 2010, the divorce rate among seniors doubled, say Bowling Green State University sociologists. Though ending a marriage at a mature age is no longer considered out of the ordinary, many older couples may not know what to expect.

How a marital agreements lawyer can help avoid common errors

On behalf of Dennis R. Wallace of Law Office of Dennis R. Wallace, P.A. posted in prenuptial agreements on Friday, September 21, 2018.

Couples who are planning to include a prenuptial agreement in their wedding plans are already off to a great start. Working through the details of a prenup offers a chance to have a series of in-depth conversations about expectations and a multitude of financial matters. However, without the assistance of a skilled Florida marital agreements lawyer, it's possible to make mistakes that can invalidate the entire prenup. 

One example lies in the type of terms laid out in the document. It's important that the terms are fair to both parties. A prenuptial agreement that is completely unbalanced can be thrown out of court. 

Is a Divorce Hotel the best way to end a Florida marriage?

On behalf of Dennis R. Wallace of Law Office of Dennis R. Wallace, P.A. posted in family law on Thursday, September 13, 2018.

For those who aren't aware of the "divorce hotel" concept, the basic idea is that a couple works together to resolve the details of their divorce over a weekend while staying in a nice hotel. They check into separate rooms, they both have access to a professional mediator, and they spend the weekend hammering out the details of their divorce. At the end of the process they walk away with an agreement and move on with their lives. If this sounds too good to be true to Florida spouses, that's because it often is. 

Negotiating a divorce takes more than a long weekend, even between spouses who are committed to a collaborative approach. There are complex issues to consider, especially in regard to property division and child custody. Just as no two people should decide to get married based on a long weekend at a hotel, that setting is also ill-suited to help a couple work through a divorce. 

Florida spouses should be "living" their prenups

On behalf of Dennis R. Wallace of Law Office of Dennis R. Wallace, P.A. posted in prenuptial agreements on Thursday, September 6, 2018.

For those spouses who had the wisdom to draft a prenuptial agreement, things are certainly off to a good start. Over time, however, some Florida spouses will fail to adhere to the terms laid out in their prenup, which can effectively void all or part of a document. While drafting a prenuptial agreement is a great place to start, actually "living" that agreement is sometimes more difficult to manage. 

Living a prenup simply means structuring one's married life to align with the terms outlined in the marital agreement. For example, if one spouse owned a business at the time of marriage, he or she probably set out terms to protect business assets from loss in the event of a divorce. However, certain actions taken during the marriage could make those provisions difficult to enforce in a court of law. 

Communication tips for Punta Gorda parents after a divorce

On behalf of Dennis R. Wallace of Law Office of Dennis R. Wallace, P.A. posted in child custody on Thursday, August 30, 2018.

A new school year is challenging for many families, but for those who've recently gone through a divorce, things can quickly grow even more complicated. Figuring out how to navigate a child's school schedule can be hard, especially when nerves are still raw and Punta Gorda parents are trying to settle into a new child custody arrangement. Good communication is essential and can help stave off resentments and contention. 

Kids have busy schedules during the school year, especially as they enter the higher grade levels. That's also true for kids who play sports or participate in musical programs, where practices, rehearsals, games and performances complicate scheduling. For parents who don't have a good communication platform, something will eventually fall through the cracks, and the child is likely to lose out. 

Divorcing a high-conflict spouse: Here’s what you should know

On behalf of Dennis R. Wallace of Law Office of Dennis R. Wallace, P.A. on Monday, August 27, 2018.

If you are getting ready to go through a divorce in the Punta Gorda area, it may seem like you are losing everything you have worked so hard to have. The stress, frustration and arguing might have you losing sleep and missing meals. Your partner may be argumentative and confrontational, but that does not mean you have to stick around and put up with that behavior to get what you want out of the divorce. 

Many couples end up in high-conflict divorces. One or both partners find reasons to argue and cause delays and engage in behaviors that are less than becoming. Here are some ways to make your divorce less dramatic and contentious. 

Student loan debt can complicate property division

On behalf of Dennis R. Wallace of Law Office of Dennis R. Wallace, P.A. posted in property division on Thursday, August 23, 2018.

For Florida couples who are in the middle of negotiating a divorce, student loan debt can play a role. Many people assume that the individual who took out student loans will automatically be obligated to pay the remaining debt. In reality, however, that isn't always the case. Understanding how student loans are handled during divorce can ease the property division process. 

When student loans are taken on prior to marriage, the financial obligation usually rests with the person whose name is on the loans. If student loans are taken on after a couple marries, things become more complicated. The spouse who holds the student loan debt can argue that his or her student loans made it possible for the family to enjoy a high standard of living, and that both spouses benefited and should share the obligation for paying off those loans.