Daniel M. Copeland, Attorney at Law, P.A.

At Daniel M. Copeland, Attorney at Law, P.A., we have the skills and knowledge to effectively handle all types of family-related issues. As a family-owned and operated firm, we think of every client as a member of our family. We can help you get through this difficult time and get started on your new future. 9310 Old Kings Road South, Building 1500, Suite 1501  Jacksonville, FL 32257 Phone: [phone] Fax: [phone]

[daniel-m-copeland-blog]

In Florida, a friendly divorce can happen when couples take part divorce mediation

Statistics show the unfortunate fact that half of all marriages will end in divorce. More than a few Florida couples have experienced divorce, or will experience it in the future. Those couples who are now contemplating divorce need to consider ending their marriage on a friendly basis in order to help them move on with their lives with less emotional baggage than those who end their marriages in a heated court battle. Divorce mediation can help couples to agree to put their differences aside for a time to achieve an amicable end to their marriage.

 Couples with children should take special heed to find a friendly parting of the ways. Children, regardless of their age, observe and often imitate their parents’ actions. If parents want their children to handle obstacles with dignity, they need to set the tone for their children’s future with mutual respect for each other during the divorce process. It is also important to never bad-mouth or talk derogatively of your spouse to your children during this difficult time. After all, they are children who should be spared the ugliness that often accompanies a divorce as much as possible.

 Even couples without children can certainly benefit from a friendly divorce. Again, mutual respect can set the standard for other couples who look to them for leadership. Also, a settlement is more likely to be fair to both parties if both can participate in the process with no malice toward the other. Property  division is only one of the important decisions that will affect even childless couples for a lifetime. Such negotiations require a clear head which, in turn, requires that each party put aside their differences to work together toward a mutually-beneficial solution.

 To achieve such a solution, many Florida couples turn to divorce mediation to help them solve some of the thorny issues about which they could not come to a resolution without help. Doing so helps put their future back into their own hands. Avoiding costly court battles in which a judge decides the future for each party is not what most couples want at the end of their marriage. Working with a mediator can help them achieve a more equitable solution that will benefit both parties in the long run.

Source: myfoxdetroit.com, "How to have a "loving" divorce," Feb. 8, 2013

[daniel-m-copeland-blog]

Florida divorce mediation may help couples navigate current alimony law

Current alimony law in Florida has been under fire from both Florida residents and its legislators for years. Many people regard the current law to be unfair, yet because there are good points on both sides of the issue, new proposals are still being debated. Couples can avoid the thorny issue by using divorce mediation to create a fair agreement that benefits both parties.

 The current statute requires that spouses making alimony payments must continue doing so as long as their former spouse is living and remains unmarried. Furthermore, if the paying spouse remarries, their new spouse’s income will count toward the paying spouse’s income in any future alimony modifications. This law, many Floridians believe, is prejudiced to benefit the parties who receive alimony payments.

 Spousal support reform will dispense with these two requirements. Additionally, the proposed legislation will create a formula to calculate alimony that is similar to the one that is currently used to calculate child support. Judges, too, will be able to override the law if they state on record the reasons that they believe an override is necessary to create an equitable solution.

 Florida couples who are in the midst of divorce negotiations, however, have to deal with the current law. If they can work together as a team, leaving their differences at the door, divorce mediation may help them arrive at a solution that is fair to both of the divorcing spouses. Florida courts will usually agree with a mutually-arrived upon divorce settlement, provided that the agreement is fair to both of the parties.

 Source: wfsu.org, "Proposed Alimony Overhaul Pits Reformers Against Divorce Lawyers," Jessica Palombo, Dec. 7, 2012

[daniel-m-copeland-blog]

Will family law negotiation include “wedleases” in the future?

With the rate of divorce skyrocketing in the United States, legal scholars and others have tried to come up with a solution. One such scholar has devised the concept of a “wedlease.” Florida couples may want to familiarize themselves with the concept, since it may be discussed by Florida lawmakers in future debates if the idea becomes more popular. At the moment, however, it is only a theory.

 A wedlease is a contract similar to a postnuptial or pre-nuptial agreement with one exception. It creates an end date that the formal relationship will come to an end. Such an agreement, like the standard prenuptial and post-nuptial agreements, could be created by couples during family law mediation.

 In addition to spelling out each party’s rights and responsibilities, as well as how to handle property ownership, the wedlease would also specify what would happen to the couple’s joint property once the relationship is dissolved. It could also give the couple an option to renew the agreement if the couple’s marriage continues to be a good one. If one or both parties violate the terms of the agreement, a provision could be created to allow the couple to end the contract prematurely.

 To keep the children from growing up in single parent homes, the lease could specify that the lease will not expire until the youngest of the couple’s children is either emancipated or reaches the age of majority. Parents would be more likely to stay in the relationship for the sake of the children if they know that the marriage will come to an end when the children are grown.

 Since wedleases are only a theory, couples who want to have some of the provisions that a wedlease would provide to them can create some of the same provisions in a post-nuptial or prenuptial agreement. They cannot, however, specify an end date for their marriage. According to Florida law, marriage—barring divorce—is for life.

 A family law mediator can help couples who want to spell out some of the details about their relationship to create a postnuptial or pre-nuptial agreement in a nonjudgmental atmosphere. Using mediation can help each party avoid the contentious spirit that these agreements may create among some couples. It can also help the couple to come to an agreement about which both parties are equally enthusiastic about adopting.

 Source: The Press Democrat, "Would a "wedlease" improve marriage?" Paul Rampell, Aug. 6, 2013

[daniel-m-copeland-blog]

Hidden Money Can Prove to Be a Problem in Florida Property Division

Financial issues are some of the biggest issues that need to be settled in a divorce. In a divorce that involves high assets, it is even more important. When Florida spouses exchange financial statements when they begin negotiations about asset division, it is important that they declare all of the assets that they own.

 If one spouse is shocked by the low amount the other party declares on her or his financial statement, it may be the case that the other party has hidden some of her or his money. Most often, that is a result of a tax strategy that the spouse has forgotten. Usually, it is hidden within the person’s business accounts. It is rare that a spouse will intentionally hide finances from her or his partner, yet it does happen.

For example, a spouse listed his income as $500,000 on his financial statement, yet he had only recently finished shelling out three times that amount just for home repairs. Another husband, with an entertainment budget of over $100,000, declared that his entire annual income was only that amount. Cases like these may require some sleuth work by one or both parties.

 If a spouse seems to be avoiding full disclosure of her or his finances, perhaps a threat to call the IRS would be in order. Usually, that is all it takes for that spouse to locate the missing funds without involving Florida’s court system. If the partner still refuses to disclose her or his funds completely, the other party may need to seek professional help, such as a private investigator or a forensic accountant.

 Source: Bloomberg, "Hunting for Hidden Cash In Divorce Proceedings," June 3, 2013

[daniel-m-copeland-blog]

Benefits May Count Toward Income In Child Support Payments

With the economy struggling to recover after the recession, employers are getting creative with compensation packages. Many of them, struggling to keep ends meet themselves, provide non-monetary benefits to their employees instead of cash compensation. This may be a good solution in general, but in Ohio, these benefits have come back to haunt one non-custodial parent.

 Florida parents, then, need to study this decision by the Ohio court system carefully, for this issue may come to the forefront in Florida law at some point in the future. This case, however, started in 2006 when a father became the noncustodial parent in a divorce. The court ordered him to pay child support for his children. Until the recession came, all went well.

 During the height of the recession, though, the man’s salary took a huge cut. To compensate, the man’s employer gave him a company car, a cell phone, car insurance, and tickets to university football games. Since his cash flow was reduced, the father appealed to a trial court to have his child support payments cut as well. The court, however, denied his request.

 In its decision, the court spelled out its concern that this man should still have enough money to make his regular child support payments, since the benefits he received were items that he would have had to purchase on his own, were they not given to him by his employer.

 He appealed the court’s decision to a higher court, who also denied him his request. Finally, the Ohio Supreme Court ruled that the lower courts were indeed correct in requiring him to keep up his child support payments as is. The only item on which they differed from the lower courts was the ticket package to university football games.

 Noncustodial parents in Florida and elsewhere in the United States should keep this decision in mind when negotiating compensation with their employers. If a similar decision is handed down by their own state courts, they may have a difficult time making payments with a cash flow that consists of a lot of perks and a huge reduction in their paycheck.

 If an employment perk saves a parent from having to purchase an item such as a cell phone or a car on his or her own, the prevailing theory is that it may be included as income for the purposes of calculating child support. There may be numerous custodial parents in Florida who agree with this assessment. A parent receiving these perks may find that their income for child support purposes includes the value of these employment benefits.

[daniel-m-copeland-blog]

How to Cope With Summer Visitation in a Custodial Situation

Summer vacations should be memorable for your children. If they’re feeling overwhelmed because their parents cannot get along, summer vacation can become a stressful time instead of a relaxing one. If parents can focus on what is in the best interest of their children, they can create a soothing environment for the children no matter in whose home they are staying. Here are some ideas to help you get along better during your children’s summer break

Stick to the plan

If you have a timesharing plan in place, stick to it, especially if it is written in a court order. Even though both of you agree on the changes, it is better to wait until both parties get the green light from their attorneys or the judge. That way, there will be no legal consequences.

Don’t let your emotions get the best of you

Even if you have significant differences with the other parent, stay positive around the children. Don’t use them to fight your battles for you. Instead, keep relations cordial and allow your attorney to help you iron out those disagreements.

Disclose your travel plans

If travel is in your summer plans, notify the custodial parent either in person or through your attorney. In case of emergency, the other parent should have your contact information and be aware of your location.

Stay in communication with the other parent and your children

When the children stay with their non-custodial parent, the custodial parent should stay in touch without barging into the time the other parent has with his or her children. Use video chat platforms and phone calls to stay in touch without becoming intrusive. Keep the other parent aware of your general plans so they can get in touch with you if needed.

Send needed items with your children when they stay at the non-custodial parent’s home

Because the non-custodial parent has not been living with the children during the major part of the year, he or she may not know about doctors’ appointments, medications, sports or arts lessons, or other essential information. Provide a list of scheduled appointments and classes as well as any needed medications.

Prepare for a summer of fun

With a positive attitude and an upbeat manner, if you’re a custodial parent, you need to prepare their children beforehand for their visit with the non-custodial parent. Your enthusiasm will be contagious. Your children will relax and enjoy their time with their other parent.

You, too, will need to prepare for some time alone. You may even want to do volunteer work or other activities that will help ease your loneliness.

If you run into any sticky situations, call your attorney. Don’t allow your disagreement to ruin your relationship with your children. If you need advice about a situation, don’t wait. Call your attorney today.

[daniel-m-copeland-blog]

What do I have to do to be considered for primary child custody?

There are a number of things parents can do to shore up the factors that increase their chances of receiving primary child custody. Courts listen to each of the parties’ reasons for wanting to become the custodial parent. They take into consideration the following factors:

Adequate housing

The court will want to see that you have a stable housing history. The home in which the child will live must be safe and provide a separate space for the child.  

Financial support

The court needs to see that the custodial parent will be able to support the child financially. A stable, normal life free from financial worries is essential for a child’s well-being. Stable employment should be a top priority for those who want primary custody of their children.

Gender isn’t a big factor any more

At one time, gender was a big factor in awarding custody. Today, however, courts are more willing to recognize the contributions of both fathers and mothers in rearing their children. No longer is custody automatically awarded to the mother.

The parents’ past histories

In child custody cases, the court wants to know that the child will be safe in the custodial parent’s home. Therefore, it takes into consideration past convictions for crimes such as domestic abuse. Yet if it has been many years since a parent has been convicted, and the parent can show that she or he has been completely rehabilitated, the court may consider awarding that parent custody of the children.

How to prepare for your child custody case

If you are seeking a divorce and would like to have primary custody of your children, consult with experienced counsel so you can get expert advice about putting your affairs in order. Make sure that you have a stable source of income, adequate housing, and have recovered from past issues that may impact your chances of obtaining custody. Taking parenting classes will help you look more favorable to the courts. If you need more information about preparations for your child custody case, call an expert attorney today.

[daniel-m-copeland-blog]

When Should You File for Divorce?

What is the Right Time to File for Divorce?  

The breakup of a marriage can be one of the most challenging times in your life. Once you were in love, and now you have concluded that getting a divorce is your only choice. Yet you can ease some of the pain by preparing for the process with an expert attorney that will stick by your side until the divorce is over—and even in the aftermath.

What time of year should I file for divorce?

What time of year is the best for you depends on your unique situation. Yet many couples choose to file in January for reasons both emotional and financial.

On the emotional end, many couples just don’t want to put their family through all of the upheaval that a divorce causes during the winter holidays. Others believe that the New Year is the perfect time to begin again.  

On the financial side, year-end bonuses can impact a couple’s decision. If a spouse receives a holiday bonus, it may count toward income during negotiations about marital property division. Filing taxes, too, is usually easier when a couple files in January. Both spouses can file as the head of household during the coming year. This could be a boon if children or valuable assets will be involved.

Other timing considerations

Waiting until your children are of age and can decide with whom they want to live can eliminate a lengthy court battle about child custody.

Divorcing students may also consider time as a factor in filing. The spouse of a student may contend that she or he should not have to pay higher alimony because when the student graduates, she or he will be able to support himself or herself.

Bottom line: How much am I going to have to pay?

That depends upon your circumstances. When you consult with your counsel, discuss how various circumstances could impact your bottom line. Filing fees and attorneys’ expenses for the filing itself are usually straightforward. Yet lengthy court battles can run up the cost considerably.

How long will this take?

Each case is different. In many states, a simple divorce can be done in thirty days. Other states have regulations that lengthen the process. Custody issues, contested divorces, and a large number of assets to divide also can cause a divorce to take a longer time—sometimes as long as two years.

Although divorce can be a difficult time for all parties, your attorney can give you all the support you need. Preparing well in advance with an experienced attorney can help you beat the jitters. If you need more information about the best time for you to file for divorce, contact an experienced divorce attorney today.

[daniel-m-copeland-blog]

Does Divorce Affect My Net Worth?

Divorce and Your Net Worth

If you’re a middle-class person that works hard for a living, you may not think that divorce could possibly impact your net worth. After all, you’re not some highly-paid athlete or a reality TV celebrity. But think again. If you have significant money invested in your home, investment portfolio, or other assets, you may end up losing a lot of your hard-earned cash without expert legal help to guide you in your financial choices.

Many people can never get back to the state of financial health they were in before their divorce. Several changes in lifestyle can result from a divorced person’s reduction in net worth.

Your habits may need to change

If you’re paying child support or alimony, or if the divorce agreement requires you to pay some of the bills for both households, you may have to cut out some of the things that you’ve enjoyed in the past. Expensive vacations, designer clothing, or pricey cars may be out of your price range after your divorce.

Your credit score may plunge

One of the biggest reason why many people have lower credit scores is divorce. Divorced people must be very careful to repair their credit as best they can, paying off bills on time and more than the minimum payment.

You may need a new home

If you lose your home in the divorce settlement, you may need to move to another home. If you lose a lot of assets, your new home may have to be smaller or have fewer amenities than your former home.  

You may need to divide your investments

Depending upon your divorce settlement, you may have to split some of your investments with your former spouse, particularly if you had no prenuptial agreement.

So can I save a good portion of my net worth?

The key component of getting expert financial advice during a divorce is to find an attorney experienced in family law. She or he will be able to help you navigate the murky waters of the financial side of divorce and help you get a settlement that won’t devastate your financial situation. If you are considering a divorce, call an expert attorney today.

[daniel-m-copeland-blog]

Military Modification of Time-Sharing

Getting a Time-Sharing Modification for Military Personnel

Being a divorced parent who serves in the military is a challenge. Every time you receive orders to move, you worry about maintaining your relationship with your children. Military personnel who want to be a part of their children’s lives often petition the court for a modification of their child custody or time-sharing agreement.

To get a time-sharing modification, a service member must meet two qualifications:

·Have an unanticipated material and substantial change of his or her circumstances.

·The proposed modification will be in his or her children’s best interest.

Courts maintain strict standards of proof for these requirements. Parents requesting modifications must show that their change of circumstances could not have been anticipated at the time of the final judgment. Military personnel must prove that at the time of the final judgment that they were not aware that their duty status would change.

Get expert help when you seek a time-sharing modification

From the time you begin to consider getting a divorce, choose an attorney with expertise in both the military and in family law. The attorney can help you create a settlement that takes into account the changes in location that are inevitable when you’re in the military.

Your attorney may advise you to set a long-distance time-sharing plan in place. This creates a contingency plan that will give you relief until the modification hearing.  

Make sure that the language contained in your final judgment create a provision for you to have such a time-sharing plan for when you are away. This contingency will allow you to keep the same schedule when you are within a few hours of your children’s residence. If you are overseas, though, a different schedule would have to apply.

Since the courts’ main interest is creating a judgment that is in the children’s best interest, your desire to have such a time-sharing contingency in place before the final judgment will demonstrate that you want to be a part of your children’s lives. That is what the courts want to see from a parent that knows that he or she will have to relocate often to new duty stations.

If you are a divorced parent who serves in the military, or if you plan to seek a divorce, don’t wait. Find an experienced military divorce attorney today.

[daniel-m-copeland-blog]

Second and Step-Parent Adoptions

What Does My Spouse or Partner Need to Do to Adopt My Child?

Although blended families are quite common these days, adoptions are still fraught with challenges. For that reason, getting expert legal advice early in the process is essential for success.

Know Your Options

Second parent adoption gives unmarried partners full custodial and legal rights to make decisions for the child. These adoption are more common in relationships between two partners of the same sex. Such an adoption is a good option for those couples who reside in states that have not recognized marriages between people of the same gender.

Without adoption, the non-biological parent has no rights to make decisions for the child. If something were to incapacitate the biological parent, adoption would give the non-biological parent the right to continue as the child’s parent.

How to Obtain a Second Parent Adoption

Your partner and you must have a home study conducted. Your partner must also be fingerprinted and have a background check conducted. You must pay the fees for each of these procedures, as well as your attorney’s fees and the filing fees. It can be an expensive and tedious process.

Step-parent adoption give the biological parent’s spouse full custodial and legal rights to make decisions about the child’s future. Many lesbian and gay couples who reside in states that have approved same-sex marriages may now take advantage of this less expensive, less lengthy option.

How to Obtain a Step-parent Adoption

Have your attorney file a petition in the county in which the step-parent legally resides. You’ll need to include documentation that the step-parent is qualified to provide care for your child, the length of time that you have been a couple, and all of the reasons why your spouse wishes to adopt your child.

If the other biological parent’s rights have been terminated or if the other parent has passed on, include documentation that attests to those facts. Children 12 and older must also participate in a conversation about the adoption that the court determines to be in the child’s best interest. Other pertinent court documents may also be needed.

If you want your partner or spouse to adopt your child, make an appointment with an attorney experienced in family law early in the process. With all of the intricacies involve in adoption law, you’ll be glad to have an expert attorney at your side. For more information about your options, call a family law expert today.

[daniel-m-copeland-blog]

Divorce Anxiety Can Be Overcome By Florida Couples with Support Network

Divorce in Florida, as it is in other states, can be an anxiety-ridden process. Just the thought of beginning again as a single person is enough to throw many people into a tizzy. Add to that concerns about the lifestyle and financial changes that may occur after a divorce, and the list soon becomes a recipe for worry. Yet with a supportive network of professionals, many of the issues divorcing people may face can be overcome.

  Many people getting a divorce are worried about how such issues as alimony, child support, and asset division will be handled. It can even be more worrisome if the person had not concerned him or herself much with finances before the divorce. In many marriages, after all, it is only one person’s job to handle the family finances. When the couple splits apart, the other person has to get up to speed quickly on financial matters.

  With professional assistance, however, the playing field can become equal. Most Florida attorneys have access to experienced resource persons, such as financial advisers and forensic accountants that can help their clients plan for their financial future as a single person. It is even more important for parents to consult someone with expertise to help them plan their finances, since the children will also depend upon their financial resources.

  Planning a budget that takes into consideration all of the changes in each person’s income structure is essential for persons getting a divorce. Usually, each person will need to make some changes to her or his lifestyle. With finance professionals to help them, though, navigating their way through the changes will go more smoothly.

  Some anxiety at the prospect of divorce is natural. With advice from professionals to help couples deal with situations that they have little expertise in, most people can move on with their lives with confidence.

[daniel-m-copeland-blog]

Florida’s Divorce Mediation Process Helps Couples Plan What to do with the Family Home

Divorce mediation gives Florida couples many options for deciding what to do with their family home. Although there are two main options—the home can be sold or one of the parties may keep it—there are various ways that one of those options can take place. In today’s economic climate, where the Florida real estate market is still trying to recover from the recession, that can be eagerly-welcomed news.

  In divorce mediation, the number one consideration is that the couple must agree to work together. Although there may be pain and resentment that may rise up as a result of the marriage ending, the couple needs to put those feelings aside to work on a settlement that will help them both move on with their lives. This includes, for most couples, what will be done with their family home.

  The negotiations that take place during divorce mediation can help steer the couple toward making the right decision about the future of their home. Since the couple makes the decisions together, the only restraints during the negotiation process are to make sure that the transfer is conducted according to state law and that financing can be obtained if one of the parties decides to keep the home.

  If the couple is one of the fortunate ones whose home can appraise high enough to allow them to make a profit, they can sell the home and divide the proceeds. If the home cannot, however, be sold at a profit, all is not lost. With the help of their mediator and other experts, if needed, the couple can find another way to deal with their home until the market recovers.

  If, on the other hand, one of the parties wants to keep the house, that person must obtain financing or pay for the home. If financing is unavailable, again, the couple may be able to negotiate terms that will allow that person to remain in the home.

  Divorce mediation can help Florida couples make a decision about their family home that will benefit both parties. When couples work together toward a solution, the outcome is usually one that causes both parties to walk away satisfied with the result. Although today’s economy provides couples with many challenges in dealing with their home and other financial matters, couples can overcome those challenges with good will, respect, and a willingness to work together.

[daniel-m-copeland-blog]

In Florida’s divorce mediation process, couples must get along to make it work

Many Florida couples who are planning to divorce have discovered an alternative to traditional courtroom battles. Divorce mediation is a relatively new process that is available to Florida residents. It has proven to be of benefit time and time again because it usually saves both parties the high costs and hard feelings that an adversarial courtroom divorce usually causes.

  To make divorce mediation a success, however, the couple must first agree to get along. They must put aside their differences so that they can work together to create a settlement in an amicable atmosphere.

  The blame game that goes along with the anger, pain, and resentment during the divorce process cannot be brought to the negotiation table. Difficult as it is, a spirit of teamwork must prevail as the couple makes decisions about asset division, child support, alimony, and other issues which divorcing couples must address.

  If the couple has children, it is even more in the family’s best interest for both parties to allow a friendly spirit to prevail as negotiations proceed. The couple, after all, will be parents long after their marital relationship has ended. If their children see that their parents can work together, they, too, will have an easier time to move on with their lives after their parents have ceased living together.

[daniel-m-copeland-blog]

Benefits may count toward income in Florida parents’ child support payments

In Florida, non-custodial parents often file petitions with the court to ask that their child support payments be reduced. This process occurs all over the nation. A father in another state, whose salary was cut from an annual figure of $143,000 to $75,000, petitioned the court to decrease his child support payments accordingly. The court, however, did not see things his way and denied his petition.

  The reason the court gave was that this man had received a cell phone, a car, and tickets to the university team’s football games. Those items, the court calculated, were worth an annual total of $16,000. He appealed the court’s decision to a higher court. The appellate court concurred, upholding the decision of the trial court. The father has since appealed to his state’s supreme court. Many parents are watching this state’s Supreme Court as it deliberates this case to its conclusion.  

  It is very common for employees to receive non-monetary benefits from their employer. Many times, the company provides cell phones, cars, and other perks instead of money. Yet because the person will not have to spend her or his own money on these things, courts generally consider them as income for non-custodial parents in Florida and elsewhere in the United States.

  Because the reason for child support is to provide for the children from a relationship that has ended before the children are grown, most states calculate the value of these items in the total income of the non-custodial parent. Parents whose children receive child support should familiarize themselves with the laws in their own state so that they can prepare accordingly.

[daniel-m-copeland-blog]

Honesty must be a priority for Florida couples during family law negotiation

Florida couples headed for divorce can now take advantage of a new process called a collaborative divorce. The process gives these couples a practical alternative to the high emotional and financial cost of a traditional divorce. Instead of a courtroom battle, couples can now come to the negotiation table and walk away as friends, though they will no longer be married. For couples who want to avoid the adversarial aspect of going their separate ways, collaborative divorce may be well worth their consideration. To make the collaborative process a success, though, couples must be completely honest with each other so that they can work as a team.

  Because financial decisions and asset division are important parts of the process, each party must be completely transparent for the collaborative process to work. They can then make a decision together as opposed to leaving it in the hands of a judge.

  If the couple has children, counselors can join the negotiation team so that the children can openly discuss their feelings without fear of reprisal. Parents, too, can help immensely during the process. If they assure their children that the divorce is not their fault, and that each parent will continue to love the children the same after the divorce as before, their children can better adjust to their new family situation.

  In addition to counselors and divorce attorneys, financial advisors or planners may join the team to assist the couple in making financial decisions. With the collaborative divorce process, Florida couples no longer have to walk away from a courtroom battle when they seek a divorce. The family law negotiation team can help couples walk away with a settlement that is fair to both parties. The couple can therefore part not as adversaries, but as friends.

[daniel-m-copeland-blog]

Alimony Bill To Be Signed by Governor May Affect Florida Asset Division

Florida’s legislators have been trying for many years to change the alimony laws in the state. They have sent a bill which has made some of those changes to the governor for his approval. If he does approve it and signs it into law, many Florida residents wonder how it will change child custody and asset division issues.

  The new law, if approved, will limit the time during which alimony payments may be made, as well as the amount that may be paid. Recipients will receive payments based upon their current income, and will not be able to receive alimony for longer than one-half of the years they spent in the marriage. Incidentally, there has been only one state that has signed similar legislation into law over the past few years.

  Under the new legislation, judges will be bound by requirement to order that each party will share in equal custody of the couple’s children—in most of the cases. Furthermore, they will also be able to amend past alimony agreements. Such power could create problems in cases in which one of the parties conceded certain issues in the settlement so that she or he could receive more payments--or more money—in each payment. Even more troubling is the case in which a spouse gave up her or his rights to a high value asset so that they could receive more alimony.

  Whether any exceptions will be permitted is also not clear in the new law. For instance, can the parties create a settlement that sets the length and amount of alimony payments during their negotiations about asset division? If a couple wants to extend the length of payments or increase the amount of payments so that the non-receiving spouse can keep the home without a lump sum buyout, will that be allowed under the new legislation? This law can affect the future of many Florida families. Whether or not the governor of Florida will sign the bill or return it to the legislature for more clarification is unclear for now.