In
June, I wrote about filing for divorce and what occurs during the process. In
this blog, I want to take a moment to delve deeper into some of the components
of a divorce proceeding and explain how they may affect and play a role in your
case.
A few
areas that I would like to highlight are: financial affidavits, marriage
settlement agreements, parenting plans, and things you cannot do during the
course of a divorce.
Financial
Affidavit
A
financial affidavit helps make the divorce process as smooth as possible. It
ensures that both parties are aware of all assets and debts that exist. Florida
requires
that both parties complete a financial affidavit. You should discuss any
questions or concerns you may have about the financial affidavit with your
attorney. Generally, finances and documents that will be discussed are:
-
Business tax returns, if applicable;
-
Personal tax returns;
-
Documentation of income, which could be in
the form of paystubs;
-
Loan applications or financial statements
prepared within the past year;
-
Six months of statements from your bank
account;
-
The most recent statements from any
retirement savings accounts;
-
Real estate documents, including land
titles, promissory notes, or leases;
-
Proof of health and dental insurance for
you, your children, and/or your spouse;
-
Proof of life insurance policies, if
applicable; and
-
All debt statements from the prior three
months (e.g. credit card statements).
Marital
Settlement Agreement
In Florida
divorce proceedings, parties may attend mediation or resolve matters outside of
court, in which case a marital settlement agreement, signed by both parties is
required. These agreements are meant to equitably divide a couple’s assets and
liabilities and once completed, become a binding contract. Each agreement needs
to be as specific and clear as possible.
In
Florida, a marital settlement agreement will specify which spouse (if any)
receives alimony, real property (house, condo, and apartment), any cars and/or
boats, how bank accounts will be divided, and the division of any other assets
that are deemed to be marital property.
In addition,
both parties must come to an agreement regarding division of all of their
liabilities (i.e., Student loan, car loan, and credit card debts). These agreements are specific to each
individual case and may vary greatly.
Importantly, the parties may only reach an agreement on some of the issues, resolving them, and taking the remaining issues to trial.
Parenting
Plan
A
parenting plan is meant to describe the role of each parent and how they will
fulfill that role in the child/children’s daily life. Parenting plans are meant
to provide for the best interests of the child. In Florida, there are a number
of items that a parenting plan must include.
-
Time
sharing. This item describes when/how much time the child will
spend with each parent. A number of reasonable schedules for time sharing are
allowed, so long as both parents are allowed to have time with the child.
-
School
designation. This item simply identifies which
parent’s address will be used for school registration. Choosing which parent’s
address to use will then affect the time sharing and it is important to discuss
your options.
-
Methods
of communication. This item deals with how parents and
children will communicate. It is an item that must be known to both parents as
well as the court. Options for communication can include: Skype, text, phone
calls, and FaceTime.
-
Provision
of health care. The plan needs to identify how healthcare
will be provided (i.e., Which parent’s health insurance will be used for the
medical care). It is also important to note that while either parent can
consent to mental health sessions/evaluations, both parents must
consent to any mental health medication/treatment.
Parents are both required
to take, and show proof of, a parenting class before completing the divorce
process. You can discuss how to go about finding and completing the class with
your attorney.
Things
you CANNOT Do
You
should always seek the advice of an attorney and consult with them before
making any drastic life changes. Doing so without seeking advice or
disregarding legal advice can have serious implications on you and your divorce
case.
-
Don’t
hide your assets or money. This could lead to serious legal problems and you
could be liable for fraud.
-
Don’t
rely on advice from friends and family. It is always better to rely on the
advice of a lawyer. While your friends and family may mean well, their advice
should not be something that you rely on when taking actions during your
divorce.
-
Don’t
take it out on your children. Children should never be used as bargaining
tools, and you should not try to make them think negatively about your spouse.
This will only hurt your relationship with them and the court may not look at
this favorably when it comes to discussing the parenting plan.
-
Don’t
take it to social media. Anything you say online can hurt your case and be used
against you, especially if you say things in anger or make frivolous accusations.
Stay off Facebook and Twitter when it comes to your divorce and parenting
issues.
A divorce can be chaotic and stressful but knowing
what is required of you and your spouse can be incredibly helpful in making the
process as smooth and amicable as possible. While all of this information may
sound daunting, Marcie would be happy to sit down with you for a free
consultation to determine the best path for your case and answer any questions
or concerns that you may have.
***The information in this blog is meant to be informational only and does not constitute any legal advice. Should you have any questions about divorce proceedings or its components, please do not hesitate to fill out our contact form below to schedule your free consultation.
https://www.legalzoom.com/articles/top-10-things-not-to-do-when-you-divorce
https://www.dhirschberglaw.com/financial-disclosure-in-a-florida-divorce/
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