How to Avoid the Common Pitfalls in Divorce

Divorce is never easy; you will probably have some sleepless nights and plenty of stress throughout the process. The situation is even worse when you have children to consider. It is important to understand and avoid the most common mistakes made during a divorce. A Brevard County divorce attorney can answer your questions and assist you throughout the process.

Understand Equitable Distribution

You may feel as though you are entitled to much of the property you have accumulated throughout the marriage. However, it is essential to understand equitable distribution in Florida. Equitable distribution means that assets that were obtained during the marriage belong to both parties and must therefore be distributed in an equitable manner.

There are just a few exceptions to this rule. Any property that you owned prior to the marriage is yours alone and not included in marital assets. The same holds true for any gifts you received as well as an inheritance that is yours alone. Unless there are some serious extenuating circumstances, your property will need to be equally allotted. In the same manner, liabilities also belong to both parties.

Communication is Essential

It is essential to be able to communicate with your spouse throughout the divorce process. Unfortunately, this may be easier said than done. Many couples are embroiled in deep arguments that led to the decision to divorce in the first place. However, when you allow communication to break down, your divorce will be more difficult, lengthier, and likely more expensive. At the same time, the end result may be about the same.

Your Brevard County divorce attorney is key to good communication. In situations in which you have difficulty talking to your spouse, your attorney will take over and communicate with your spouse’s attorney. This can help keep the divorce moving forward with as little friction and stress as possible.

Best Interest of the Children

When parents divorce, they have to make plenty of decisions regarding their children. These decisions can impact your and your child’s life for years to come. While you may want to be the main caregiver, it is necessary to understand that both parents are typically considered qualified to provide care. The courts will always do what is in the best interest of the child and parents are expected to work out the details before they get to court.

Both parents are generally allowed to make important legal decisions for their children. They also share custody in an arrangement called parenting time. One spouse may be a primary custodial parent and the other will have scheduled visitation. Parents are almost always allowed to spend time with their children except for rare instances in which a parent is found to be unfit.

Create a Parenting Plan

A parenting plan is a document that outlines important details of how parents handle parenting responsibilities in the future. The best parenting plans are those that are extremely detailed. A detailed parenting plan provides exact instructions as to where a child lives, when a parent will pick up a child for visits, and how holidays and vacations will be divided. Although it can be time-consuming, a parenting plan that provides specific details will maintain structure in the family and provide rules that both parents must follow.

Going through a divorce can be one of the most difficult times of your life. It can be much easier and less traumatic with assistance from a Brevard County divorce attorney. Contact the experienced legal team at Henderson Legal Group to schedule a consultation today.


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