Your Options for a Divorce in Florida

It’s a common question; when faced with the choice of a divorce settlement, or going to court and pursuing more, a spouse must make a decision, and it’s not always an easy one. There are plenty of reasons that a person may want to pursue matters further--more property and money, etc. However, there are also reasons that going to court could prove too much to handle, whether emotionally, or monetarily.

Overall, taking things to trial can sometimes make them more complicated. Details can be uncovered that make the whole process worse, and the judge’s decision more difficult, too. When there are more documents, depositions, people involved, and more hours for everyone involved, it can be overwhelming. All this is why you should be very, very cautious about choosing to take divorce to trial.

The Costs of a Trial

A question to ask before proceeding to trial is, “Can I afford it?” Going to trial does not guarantee success, and could even leave you paying more than you intended. Thus, you could end up with no more than what you were originally offered, and still have to pay additional attorney’s fees. Plus, there are ways to end up paying for your spouse’s attorney fees, too.

Civil cases are often settle prior to a trial because one spouse, or both, realizes the details make it more likely that the trial outcome will be favorable for the other person. So, in order to avoid giving up more during a trial in the form of damages and fees, or risk losing more overall, settlement becomes the best option.

The Other Burdens

The emotional and psychological tolls that civil cases can take on people are also often worth avoiding trial. Litigation is often a long process--longer than anyone intended--and full of ups and downs, and uncertainties. The time it takes can be stretched out beyond what anyone anticipated, or hoped. Thus, settlement becomes the best option.

When the Trial is Right

Of course, this does not mean that settlement is always the best option. When an element of the divorce is so important that a spouse feels it’s necessary to take the dispute as far as it will go, then trial may become the best option. When this, and other things that lead could lead to trial happen, it is very, very important to consult your divorce attorney and heed everything that person says. Your attorney may agree that, in order to achieve your goals, trial will be necessary. However, he or she may also determine that there is another, less difficult way to work toward what you want and need.

In all these circumstances, you need knowledgeable, experienced, reliable representation. For divorce in Florida, trust the attorneys at Miller Law. It’s our job not only to represent you, but to help you find the most affordable, fastest route through your divorce without sacrificing any level of service. Call us today and let us help you choose between trial or divorce settlement in Florida.

A Parenting Coordinator May Make Things Easier

When two people divorce and there are children involved, the stress is magnified. Conflicts can grow exponentially and parents sometimes cannot see through the intense emotions. That is why help exists in many forms, such as the parenting coordinator. Parenting coordination brings in an impartial third party to help settle child-related disputes in a divorce. In some cases, this is the best possible way for everyone to come to agreement on what is best for the children.

Trusting a Coordinator

When conflicts reach all-time highs and parents are finding it difficult, or impossible to negotiate the children’s needs, a coordinator can help. Parenting coordinators are there to settle disputes; they are particularly helpful when the arguments move from finances and assets, and into family matters. Getting this sort of help can prevent the issues from harming the children. This doesn’t typically occur during the divorce. Rather, the coordinator enters post-divorce to help parents implement parenting plans. The coordinator takes the court-ordered plan and helps parents develop it, and work through it.

Though the divorce is over, executing a parenting plan can still be daunting; the feelings during divorce don’t always dissipate, at least not right away. Parenting coordinators help ex-spouses make the parenting plan or timeshare schedule work. They also help manage disputes that may arise later. If the parents still cannot agree on details, though the court has already made decisions, the coordinator aids the parents in making them work.

Transitions

Parenting coordinators have the authority to make small changes to schedules and timeshare details. They also help clarify things to parents. Those scheduling decisions may include getting healthcare, education, engaging the children in extracurricular activities, and moving the children from one parent to another. Parenting styles and communication will also be negotiated.

Overall, all of this help is not about forcing parents to adhere to the rules set before them. It is about giving them new confidence in parenting-necessary for many, since parenting after divorce can be a challenge. This reduces a lot of anxiety for everyone and may resolve a lot of conflict. It also may help parents be more involved in the children’s lives than ever before, which can, in turn, help the children adjust better. These are the true purposes of having a parenting coordinator enter and help; the benefits to both the parents and children in the long term.

From these experiences, parents can gain a great deal of skills in conflict resolution that could be very useful throughout the future. Of course, possibly the most important benefits of coordinators are those for the children; protecting children is part of the court’s job, and that means making sure parents provide the best possible situations for the children after a divorce.

At Miller Law, we know Florida family law. We want to help you get through your divorce quickly, affordably, and properly. Ask us about making those transitions easier on you and your whole family, particularly your children.

Things You Shouldn’t Tell Your Lawyer During Divorce

You should be able to trust your divorce attorney enough to say anything and not be concerned that it will be revealed, unless legally necessary, of course. There are, however, a few things that are best left unsaid when dealing with a lawyer; these things can slow things down, cause misunderstandings, and make things more difficult, overall. Avoid making statements like the following to your lawyer, and instead, merely ask questions and bring up concerns. Trust him or her to handle your case professionally.

“I want this done because my friend said so.”

Everyone’s divorce is different. Everyone’s understanding of divorce is different, and there are plenty of people expressing opinions over divorce when they have never experienced it themselves, and when they have no legal knowledge. That does not mean that they are always wrong, but it means that you should trust your lawyer, first. So, if you heard something from a friend, family member, or anyone else, ask your attorney about it. However, don’t make demands based on hearsay.

“I don’t care how it’s done, I just want it done fast.”

This is a poor way to begin your divorce, as well go through it. Your lawyer will advise you all along the way; that is his or her job. If you resist listening to that information and advice, you could regret it later. You could be faced with results and consequences that you weren’t expecting, but for which you could have been prepared if you had not been in such a rush. You could lose the opportunity to get what you deserve, or even more than you expected if you push your attorney to rush things. Plus, it can make proceedings more difficult for your lawyer. Take your time, and let your lawyer handle your divorce in a timely, but appropriate manner.

Avoid using time with a lawyer to vent and become very emotional.

Your time is very valuable, as is your attorney’s time. It costs you money, too. While feeling emotional and shedding some tears is perfectly normal and acceptable, your lawyer’s office is not the time to let that overwhelm you so that you take up that time venting. If you need time to grieve and express those emotions to someone who can listen, or offer help with them, talk to loved ones, or see a professional. There is no shame in getting help for anything in your divorce, but save your attorney’s time for details of the divorce.

Don’t tell your lawyer that you’re stalking your spouse, or that you’ve threatened him or her.
In fact, you should never do either of the above things. They cause problems that could easily lead to difficulties with your divorce negotiations, and even jail time. If you tell your lawyer this, your lawyer will advise you against anything that may harm your case. Depending upon the nature of the statement or threat, your lawyer may also be legally obligated to report it. You don’t want your divorce lawyer to have to help you with an arrest later, too.

When it comes time to divorce, compile your list of questions and concerns, and see your lawyer. You shouldn’t try to tell your lawyer what to do, or that you’re doing something illegal. Instead, let your lawyer tell you how to handle things and never proceed without that professional legal advice. For advice on Florida divorce, call Miller Law now.

Social Media Affects Family Law

There are many actions and decisions we make on a daily basis that don’t seem important at the time. We express an opinion, talk about something that happened to us, vent, etc. Social media has given people a space to do this where they feel heard. Though you are probably aware on some level that these actions could have consequences, it can be easy to forget that when a long period of time passes without any negative repercussions. If you are facing a divorce, you will want to consider how your social media history could affect elements of the divorce outcome.

Posting Could Impact Your Case

As recent incidents have reminded the public, social media accounts are not as private as we would prefer. Since many people post every day, it is easy to forget some posts you have written. Even if you expressed an opinion or information that seemed innocent enough at the time, it could be turned against you in ways that may surprise you and hurt your case.

While you can erase some posts you think were mistakes, that doesn’t mean they are truly gone; they can be dredged up. What you can do, is change how you post during your divorce; basically, it is best to avoid posting anything about the divorce. Posting during divorce, particularly if you’re posting information about your divorce, can impact the results of your case.

Because social media use is so prevalent in people’s daily lives, it is also becomes useful in other aspects of people’s lives; the fact is that lawyers can use social media as evidence in a case. Even if you have implemented stronger privacy settings, the world at large can still find ways to see your posts, or your moments of ranting. They’re seen, spread, and they can easily find their way onto the screen of someone who might try to use them against you. So, if you post something about making a big purchase, that might affect financial decisions in your case. If the legal decisions regarding parental rights are a struggle, any photos of you online that may have seemed rather harmless at the time-out drinking with friends, etc.-could be scrutinized.

It is very important that you remain aware of how your social media activity affects you during divorce. The absolute safest thing you can do is stop using social media completely until the divorce is over. You can also take a few other precautionary steps:

Trim Your Friends List: If you’re concerned about the divorce causing tensions, you can reduce your friends list to those whom you know and trust only. Yes, this can be difficult and cause some tensions elsewhere, but you can consider it if necessary.

Change Passwords: If your spouse has access to your social media accounts, and that concerns you, then changing your passwords will help you keep those accounts private. Of course, it is still important to remember that nothing online is truly private.

Of course, whether you’re in the midst of divorce or not, it is always best to think twice before posting anything. Laws regarding information posted on social media and how it may be used in court are still in development, so always keep yourself as safe as possible. When you need help navigating any part of divorce in Florida, come to Miller Law.

When a Prenup Doesn’t Hold Up During Divorce

Prenuptial agreements are highly recommended by divorce attorneys. While most people enter into marriage hoping, or expecting the marriage to last a lifetime, many also consider it wise to be prepared in the event that things don’t turn out the way they hope. That is where prenups come in; they are meant to serve as protection against more loss during divorce.

Some people rely on having that “ironclad” agreement in place. The prenup is an official plan for the separation of property and finances in the event of a divorce. It is meant to protect a spouse who has assets that he or she does not want to lose, particularly if they are very valuable. Historically, the agreements in these documents have been difficult to get around, or to void. However, prenuptial agreements are not always perfect; in fact, most of them have some hole, even if it is very, very small. While that doesn’t mean all agreements can be voided, it does mean that there may be circumstances in which an unfavorable prenup can be thrown out by the court, should you need to pursue that option.

Fraudulent Agreements

When a prenup is made, all relevant details must be included, such as finances. Everything must be disclosed. If something is withheld, that is considered fraudulent. So, if that is discovered and proven during a divorce, then the prenup can be thrown out by the court. Fraudulent agreements may include those signed under duress, or coercion. If it can be proven that a person was pressure into signing, or was not in a fit mental state at the time, then that agreement could be thrown out.

Improper Paperwork

All legal contracts and papers must be filed according to all rules. Those rules can be complex, and it’s easy to make mistakes, particularly when you don’t have proper legal help. Any errors could result in your contract being thrown out.

Some documentation and elements of the process also require legal representation in some states. That means, if you signed something that someone else drew up without seeking legal counsel, that document may not hold up later if challenged. Plus, it is never a good idea to sign anything without professional legal counsel.

Unreasonable Provisions

Judges don’t generally inspect the details of individual contracts that are already in place, unless they’re prompted to by legal argument, or something is “off” about the contract. Sometimes, there are provisions in prenups that are not likely to be upheld because they are too unreasonable to be permitted. For example, if a prenup states that the children shall have no child support, particularly if no substantial reason is given, it may very well be thrown out. Concern for children generally overcomes unreasonable prenuptial agreements.

If you feel that your prenup should be thrown out, upheld, or you don’t have one and need help with your divorce, trust the attorneys at Miller Law. We handle all your Florida divorce law issues.

Mediating Emotions During Divorce

Being asked for a divorce, or to ask for a divorce can be incredibly devastating. However, sadness and devastation are not the only emotions you may feel. In fact, you may feel any combination of emotions throughout the process, and many of them may conflict with one another. For example, while your initial feelings when you make the decision to divorce may be those of relief and anticipation after years in an unhappy marriage, they might be followed, or made complex by a mixture of feelings, like anxiety. These changeable emotions and apparent conflictions are normal. So, how do you mediate them when you’re busy trying to get divorced and still live your daily life?

Emotions come in waves and stages, and there are no real rules about what you may feel at any one time. There are also no defined methods for how you should manage these emotions, either. Of course, you don’t want to handle these feelings by hurting anyone else; rather, you should find a method for mediation that works well for you so that you don’t become overwhelmed by all you will feel at any given time.

Finding Emotional Mediation that Works for You   

The purpose of mediating conflicting emotions is to make feeling them less difficult, and less distracting for you. It is not meant to help you avoid feeling them-just to help you feel them one at a time, if possible. That way, you can work through them all fully.

Pause and Evaluate: You first need to figure out what it is you’re feeling. So, when you feel conflicting emotions, stop. Identify them. Are you feeling angry, but uncertain about why you’re angry? Are you a little happy about something, but angry about it, too? Are you incredibly sad, but also relieved? You might feel even more than two emotions in a period, or you may navigate through several, with each of them crossing one another at some point. That is normal. Breathe, and then try to name all your feelings.

Remember It’s Normal: There is no shame in your mixture of emotions. If you start to feel guilt or shame for feeling anything, remind yourself of that. Hopefully, you an avoid yet another overwhelming feeling.

Get Active for Each, and for All: Each emotion you have needs addressing; it needs something for relief. Sometimes, the activities you do to address one feeling will work for another, too. When you identify an emotion, work it out with an activity. For example, if exercise helps your anger, find time to work it out that way. If you feel both anger and anxiety, mix two activities that address each, such as exercising while listening to music that soothes your anxiety. Or, perhaps you have one activity that works for all your conflicting emotions. As long as it is healthy and it works, you should do it.

Get Help: Don’t be ashamed to seek professional help if you need it.

While you navigate your feelings, we can help you by navigating your divorce. Let us make it easier on you. Call Miller Law today.

Tips to Negotiate a Good Divorce Settlement

Most divorcing people hope to negotiate a good divorce settlement. Usually, lawyers will tell you not to try and negotiate settlements on your own; an attorney can help you get all you need, and most, if not all of what you want. While it is always best to hire an attorney for any divorce, it’s not always necessary for the negotiation part if you and your spouse can get along well enough to agree upon things alone.

Learn your rights and responsibilities.

Before you proceed in your divorce at all, you should learn your legal rights, dos, and don’ts. The best way to do that is two-fold: personal research and consulting an attorney. You can find out a lot about your rights online these days. You want to make sure and find out about these things as they apply to the U.S., your state, and your county.

Then, consult your attorney. While you can get accurate information on your own, you need to make sure the information is correct. The best way to do that is to make sure that you’re really hearing it from a licensed attorney.

Consider negotiating with your spouse.

If you think that you and your spouse can get along well enough to negotiate a good divorce settlement together, this might be the best route. It could save you a lot of time and money by avoiding official meetings, time with lawyers, and time in court. While you don’t want to eliminate the middleman-the lawyer-altogether, you do want to minimize the time and money spent on them.

If the two of you began the divorce together by agreeing to it from the very beginning, then you are more likely to be flexible when you negotiate for a settlement. The easier you can make it on yourselves and each other, the better. Too often divorce courts are booked with couples arguing over their divorce settlements, during and after divorce.

Have an attorney look over any agreements before they’re official.
None of this means you should not have an attorney, or even that you shouldn’t consult an attorney about your settlement. There are, of course, risks to negotiating your own settlements. You can accidentally give away too much when you don’t know what you’re doing, or not get enough. However, negotiation doesn’t have to be incredibly difficult. You may find yourself trying to negotiate with your spouse, anyway, if the divorce feels like it’s dragging on too long for your comfort.

Still, discussing your negotiations with an attorney is absolutely the best move. This isn’t because you’re not capable of handling the negotiations. Rather, it’s a precaution to make sure that you both addressed everything that needed to be considered in the negotiations. It’s also a precaution to make sure that both of you are getting everything you need to start again after the divorce is over. Because the legal system is complex, it is never a good idea to pursue any part of your divorce without some professional help.

To negotiate a good divorce settlement, you need enough time, patience, and knowledge. Working positively with your spouse and seeking counsel can help you do this. When you need that expert knowledge on your divorce in Florida, call Miller Law.