Therapy, mediation, hard work, and other innovative methods can result in a divorce process that ends without Courtroom drama and nasty exchanges between the parties. One such method gaining popularity is collaborative divorce. This type of procedure works when the parties agree to full disclosure of information and to settle disputes outside of litigation.
Benefits to participation in collaborative divorce include less stress on the children by showing the parents are able to work as a team to resolve differences, even if the marriage is at its end. Another benefit is a potentially shortened process since the parties agree to be upfront with all information and disclosures. This eliminates the need to go on fishing expeditions to find assets or other information relevant to distribution of property. Also, news articles point out the financial… Continue reading
When a couple files for divorce, the issues differ from case to case. Not all marriages produce children, some couples are lucky enough to have no debt to divide, and others must tackle the issue of property division. Another unique factor is that of the military serving spouse. Divorces involving one or more service members present issues only seen when Uncle Sam is part of the mix.
A few common issues that arise for military members seeking divorce include:
● Service of process on an active duty service member
● Division of military retirement plans
While the parties will still have to decide visitation, custody, support and other issues nonmilitary members face when divorcing, perhaps one of the biggest issues is making sure an active duty member is afforded the legal protections provided them under the law. The Servicemembers Civil Relief Act… Continue reading
Orders of the Court are serious documents. The parties are expected to follow the terms ordered by the Judge, and when violations occur the responsible reaction is to hold the party in violation accountable for their actions. Seeking an Order of Contempt can serve as a wakeup call to a non-compliant ex-spouse that you are serious about abiding by what the Court has ordered and will not tolerate deviations. The Ferraro Law Group knows that circumstances change, and strict adherence to support and other obligations may not always be feasible. However, the law provides avenues for seeking changes to orders rather than allowing for outright ignoring the terms in place. When one party makes the choice to disregard a Court order instead of seeking to have a change made, we fight for your rights to remain in place. One of the tools at our disposal… Continue reading
A divorce decree is meant to be the final document that sets forth the details of the divorce between the parties. However, things can change and the need to modify orders requires competent legal counsel. The Ferraro Law Group is staffed with experienced family law attorneys that fight for your rights during the divorce case, and when your needs change after the case reaches conclusion.
Common reasons for seeking a modification include:
● A new job/changed financial circumstances
● Sudden illness or increased childcare expenses
Florida law requires a substantial change in circumstances to make a modification to terms in the divorce decree; most notably when the change requested involves payment of child support. In fact, making a change to property or debt division once the case is final is typically not done. In today’s economy, the inclination is to think of a… Continue reading
After the dust settles and the terms of a divorce become final, issues still arise that need handling. One common issue is when one of the parties remarries and needs to relocate with a new spouse. If there are children, the question about removing the children from the same location as one of the parents must be immediately answered. To get the information you need, call an attorney at the Ferraro Law Group with experience in family law cases.
Relocation of children is a legal issue, and when the need to move arises you must seek Court permission. If you have been offered a new job opportunity, have remarried and need to move with your new spouse, or have other needs that require relocation of your children, you will have to file a Petition with the Court allowing the relocation. The Petition… Continue reading
Divorce cases are made up of many complex issues, can be volatile, and take a financial as well as emotional toll on the parties. For some couples, the decision to submit their case to mediation is the right choice. The Ferraro Law Group participates in litigation of divorce matters as well as mediation. Our goal is to reach a resolution in a way that is right for you, without advocating for one forum over the other.
After having made the difficult decision to dissolve a marriage, consider the possible benefits of mediation. These benefits include:
● Lower cost
● A generally shorter time from inception to conclusion
● An informal setting, which instantly calms nerves and lowers the chances for emotional responses
● Accountability and meaningful participation for decisions made about the issues that matter to you most
If you are hesitant about… Continue reading
At the conclusion of your divorce, if you expect to receive distributions from your ex-spouse’s retirement plan, you need more than just the divorce decree. You will also need a separate document called a Qualified Domestic Relations Order (QDRO). If your divorce did not include creation of a QDRO, an experienced family law attorney can help you now.
A QDRO is a document that gives a retirement plan administrator the ability to pay the funds of a pension or other qualifying retirement account as ordered by the Court in the divorce case. Our dedicated attorneys fully discuss the facts of your case and can help with QDRO’s by doing the following:
● Contacting the plan administrator for any specific language needed
● Preparing the QDRO in advance of hearings in your divorce case, so it can be presented for the… Continue reading
Not so many years ago you would be hard pressed to hear the question “are you taking his name” posed to a bride entering marriage. Recently though, the decision to not share a married last name, or to hyphenate is all the buzz. When the marriage ends, for some people the issue of name change resurfaces. Many women include a request to be restored to their maiden name in their divorce action. Our representation of divorcing parties often includes this request, and we understand the desire to make a fresh start by returning to the familiarity of a family name. However, including a finding in your divorce decree that restoration to your maiden name is part of the divorce is just the first step in once again being formally recognized and known by a prior last name.
After the dust settles and a determination that… Continue reading
The ability to provide for your children after a divorce is an issue that weighs heavily during your divorce case. At Ferraro Law Group we have helped thousands of people get to the other side of divorce in a way that is workable and with plans in place that make sense. We take very seriously the comfort and well-being of your children, and work tirelessly to make sure their lives remain as normal as possible. Of key importance in this endeavor is making certain child support is awarded in an appropriate amount.
The child support guidelines in Florida take into account the following things:
● The financial ability of each parent to pay and/or financially provide for the children.
● The standard of living to which the children are accustomed.
● The age and needs of the children.
When an… Continue reading
The idea of going to marriage counseling during a divorce may seem fruitless, but only at first. While it is not uncommon for some attempts at therapy to result in one party trying more than the other, with the right approach marriage counseling can actually help you during the divorce case. At Ferraro Law Group, we offer family law services in a way that works for your family. In some cases, participating in counseling during your divorce case results in a better understanding of your family’s needs and how to best approach conflict when it arises.
Psychological professionals agree therapy during divorce is good. The benefits to attending marriage counseling, even while proceeding with a divorce include:
● A safe place: providing the party who initiated the divorce with a place where important issues can be raised in an environment that feels safe helps… Continue reading