Lesley Turmelle Abbott, P.A.

Misconceptions In Dissolution of Marriages – Part 2

2025-10-27T10:10:36Z

Fourth, the retirement accounts held in a party’s name are their sole property. Again, if any money is contributed to these accounts, i.e., 401 (k), IRA(s), TSP, or the like, these are considered marital contributions. However, it is essential to note that if a party has worked for a company/agency/armed forces for longer than the marriage, the only portion considered marital is the length of the marriage. The marital portion only will be divided equally between the parties. In most instances, the party’s employer can assist in providing the balance of these accounts on the date of marriage to preserve the non-marital portion. Fifth, dissolution of marriage actions should take a few months. More often than not, I have people come into my office and explain that the parties have made zero agreements and only agree on being divorced. People usually expect divorces to be filed and immediately go to trial. This is not the case. There is a process for the dissolution of marriage. Each party must provide mandatory financial disclosure, which takes time. In each dissolution of marriage action, the Courts require the parties to attend mediation to resolve all or some of the issues that would otherwise have to be determined by the Court. Unfortunately, no actual timeline for how long it could take to get a divorce is set in stone. Every case is different and unique, as it should be. Every marriage and family is unique. The best thing a party can do when going to see any attorney is to do everything asked of them promptly. Work as a team with their attorney to move their case along. Sixth, there is no child support if the parties exercise equal timesharing, i.e., a 50/50 schedule. This could be true, but more likely than not, it is not valid. There are a lot of things that go into determining child support. The Florida Child Support Guidelines provide daycare costs, medical insurance, and even reoccurring expenses for minor children, i.e., medication, therapy, etc. If one parent pays all the costs of daycare and medical insurance, there may be child support due to the proportionate share of the expenses for the parties. The Court uses a formula. Lastly, there is no child support because I am not able to see my child/ren. This is false! The Florida Statutes separate child support and timesharing. This does not mean if you are not able to or are not being allowed to see your child/ren, there is no child support. Child support is just for supporting the minor child/ren. On the other hand, if upon separation of the parents, one parent continues to support the minor children financially by paying the housing expenses or providing money every month, this parent may not have a retroactive amount of child support.

What happens to child support when noncustodial parent loses their job?

2025-10-27T09:18:02Z

Losing a job can be a challenging time, especially when child support is part of the picture. As a custodial parent, it is natural to worry about the impact of your former spouse's job loss on the child support payments you rely on. In Florida, unemployment itself does not stop child support obligations, but it can have significant effects.

How job loss affects child support

Florida court calculates child support based on both parents' income. If your former spouse loses their job, it may be possible for them to request a modification to their child support obligation. However, it is important to note that job loss alone does not automatically result in a reduction of child support payments.

Modifying child support

The court only considers modifications to child support when there are significant changes in the parent’s circumstances – job loss is one of it. If your former spouse seeks to modify their support obligations due to their unemployment, they must file a petition with the court that issued the existing support order. Your former spouse must prove that their job loss was involuntary, and that they are making a good faith effort to find new employment. If the court finds their request valid, it may temporarily reduce or suspend their child support obligation.

Protecting your interests

As a custodial parent, you have the right to know any changes in your former spouse's financial situation. This includes job loss, change in income or any other factors that may affect their ability to pay child support. If you suspect that your former spouse is voluntarily unemployed or underemployed to avoid child support, it is important to seek legal help. An experienced attorney can guide you through the process and ensure the protection of your rights and your child's best interests. They can help you gather evidence, file the necessary paperwork and represent you in court if needed. Job loss is indeed a challenging situation, but it does not have to disrupt your child’s financial security. Understanding your rights and the legal process can help you manage these tough circumstances. Do not hesitate to seek legal assistance to protect your child's best interests.

Misconceptions In Dissolution of Marriages – Part 1

2024-07-09T15:19:17Z

More often than not, people come into my office with assumptions of what will happen in a dissolution of marriage action. Here are a few:

First, when the parties do not share a bank account, it is assumed these accounts do not have to be disclosed or divided. If the parties do not have a pre-nuptial agreement, all accounts are marital, whether held jointly or not. To preserve a possible non-marital component in these bank accounts, the party would need to produce the statement from the date of their marriage. Any monies earned during the marriage are marital.

Second, monies inherited are marital. If a party inherits money during the marriage and deposits it into a jointly held account, it is now marital as it has been co-mingled with marital funds. However, if the inherited monies are put into an account in the sole name of the party who inherited the money and not co-mingled with the parties’ marital monies, this maintains a non-martial component. This inheritance will be protected from equitable distribution by the Court.

Third, minor children are allowed to testify at 12 years old. However, this cannot be further from the truth. Florida courts do not have a designated age for minor children to testify. In fact, in most cases, the Court often denies minor children’s testimony due to a finding that it is not in the minor children’s best interest to come to Court and testify. Please remember when a child comes to Court, this child will be put in the position to pick one parent over the other. While this may not be the intention of the parent requesting the minor children to testify, it is how most courts view the request and is seldom granted.

Military Divorces And Relocations

2024-06-19T09:09:51Z

Divorces for military families are uniquely challenging and have several components that need to be considered. Unlike other employed parents, one or both parties may be active duty members of our armed forces. Relocations are not choices but mandatory for these parties.

During a dissolution of marriage action in the State of Florida, the Court will hear testimony about the best interest of the minor children. It is essential to inform the Court how long the family has been stationed in Florida. It is even more critical for the service member to provide the Court with information about where steps can be taken to ensure the service member is or is not transferred from Brevard County, Florida. The armed forces have policies to assist active duty members to stay close to their minor children.

If this is not a possibility based on the active duty members' duty assignment, the Florida Statutes provide for relocations to be granted. The moment an active duty service member is notified of an upcoming transfer/post reassignment, a Petition for Relocation must be filed to adjust the parents' Parenting Plan.

Children’s Voice During a Divorce

2024-06-12T14:56:40Z

It’s a common misconception that “children can pick where they will live” at a certain age in Florida. However, this is not the case. No Florida Statute or Florida Rule of Procedure specifically states that a minor child is permitted to voice an opinion. In fact, in most cases, the courts take significant measures to ensure minor children do not testify before the court, aiming to protect their best interests. Why? Because minor children are being placed in a position to choose one parent over the other. The courts in Florida do not have a designated age for minor children to “tell the judge” where they want to live. If a parent feels it is crucial for the court to hear from the minor children, they have the option to ask for a guardian ad litem or a social investigator to be appointed to their case. These professionals will be able to speak to the minor children, as well as teachers, doctors, parents and other people the parents request them to speak to. This is a safe and supportive way to have the minor children voice their opinions without having to walk into a courtroom in front of their parents.

What makes an effective co-parenting plan?

2024-05-21T06:26:36Z

Divorce can have a profound impact on children, whether the separation was collaborative or filled with conflict. The transition from living in one household to dividing their time between their parents can cause them to experience a wide range of emotions. In this situation, it is up to the parents to provide the stability and support their children need during this challenging time. Creating an effective co-parenting plan is one way of ensuring that both parents continue to play an active and supportive role in their children’s lives no matter how their marriage ends.

Clear and consistent scheduling

A detailed and reliable parenting schedule will be the backbone of your parenting plan. This must outline the specifics of your children’s schedule for regular days, holidays, vacations and special occasions. A consistent schedule provides a sense of security and normalcy, which are vital for children adjusting to new family dynamics. When developing a co-parenting plan, it would be best to establish a routine that works for both parents and children. This means accommodating weekdays, weekends and overnight stays.

Detailed decision-making protocol

Effective decision-making is one of the most essential elements of parenting. These decisions typically include education, health care, extracurricular activities and religious upbringing. Determine how you will manage major decisions and include this in your plan. Will one parent have the final say in certain areas, or will all decisions require a consensus? A clearly defined process helps make well-rounded decisions and demonstrates a united front to the children, providing them with a sense of stability. Keeping open communication with your spouse after a divorce is no easy task. However, it is also important to remember that your children need a supportive and loving environment as they grow. Creating a well-drafted co-parenting plan can be your first step toward fostering a framework where your children can thrive even when their parents are no longer together.

Navigating Military Divorce in Florida

2024-08-01T13:26:24Z

Being in the military has its unique set of challenges, including a different process of getting a divorce. If you are in Florida and contemplating a divorce, here are some considerations to take into account and to help handle the divorce process strategically.

Requirements and Legalities

Florida is a no-fault state, meaning no grounds for divorce are needed. Before filing for divorce, it’s best to check these other legal circumstances:

Jurisdiction: Establishing the appropriate court for your divorce is crucial. Generally, one spouse must have been a Florida resident for at least six months before filing. The state might still hold jurisdiction if the active-duty member doesn't reside in Florida but claims it as their home state of record.
Soldiers' and Sailors' Civil Relief Act (SSCRA): This federal law protects deployed service members from legal proceedings progressing in their absence. The SSCRA allows courts to postpone divorce proceedings for the duration of deployment. However, the deployed spouse can waive this right, enabling the case to proceed.

Once you and your spouse have these in mind you may proceed with gathering and processing the necessary documents.

Asset Division and Parental Responsibilities

During the mediation process, you and your spouse need to come to an agreement and arrive at agreeable terms regarding the following:

Property division: The state of Florida upholds equitable distribution of assets in divorce. This means the division of assets and debts is fair, not equal. A good example is the military pension which is marital property. A qualified domestic relations order is typically required to specify how much of the military pension goes to the former spouse.
Spousal support: Florida courts generally assume that permanent alimony is unnecessary unless the marriage lasts seven years or longer. The court also examines factors such as the non-military spouse's earning capacity, the length of the marriage, and the sacrifices made due to the military lifestyle when determining spousal support.
Time-sharing and parenting plan: When it comes to children in divorce, the court prioritizes the child‘s best interest when determining time-sharing and parenting planning. The court considers several factors, including the child's relationship with each parent, needs, and age.

A divorce is a significant life change. Consider seeking a legal professional who is well-versed in Florida family law and military divorce cases to help you pave the way for a smoother transition into the next chapter of your life.

Equitable asset distribution: Knowing the difference between marital and non-marital property

2024-05-14T17:37:45Z

Division of assets between you and your spouse is a crucial and often complicated aspect in divorce. It is helpful to have a basic understanding of how this portion of the divorce works so you can better ensure you get your fair share of assets after you finalize the divorce. In high-asset divorce cases, determining how these assets are divided is challenging, which is why it is important to know the difference between marital property and non-marital property.

Marital property

Marital property generally refers to anything that you and your spouse acquired while you were married. Florida law notes these properties and assets are subject to equal division. This usually includes real estate, including your family home and other commercial or residential properties purchased as an investment. It also includes financial assets such as bank accounts, securities, pensions and retirement accounts as well as motor vehicles, furniture, appliances and artwork purchased jointly.

Non-marital property

Do you have valuable collectibles that you purchased prior to getting married that you wish to remain yours? Or maybe you inherited assets. Do you have gifts from a third party that you received during your marriage? You do not need to worry about sharing these to your spouse, as these are non-marital or separate property. Keep in mind though that non-marital property loses that status if it commingles with marital property. Here are some common scenarios of non-marital property gaining a marital component:

If you keep your inheritance in a joint bank account with your spouse
Making loan payments after the marriage to a car even if it is solely titled
Using marital assets to make improvements or repairs to an inherited piece of real estate

Similarly, you can exclude specific assets from marital property through a prenuptial or postnuptial agreement to better ensure that they remain solely yours. Distributing assets in a divorce can be tricky, but clearly defining the type of property helps to better ensure you and your spouse get what is rightfully yours. This post provides a start to the conversation. Those with complicated assets are wise to seek legal counsel to better ensure proper and fair division of during the divorce.

A future-focused divorce can help you make smart decisions today

2024-04-25T07:44:21Z

Divorce can be a challenging time but approaching it with a clear vision for your future can help you make decisions that are wise and beneficial for the long term. While it is common for the dissolution of a marriage to become contentious, potentially draining more resources than necessary, there is a way to go through the process that can lead to a mutually favorable and amicable outcome for all parties involved. Think of your divorce not as the end of your marriage but as a transitional phase toward your individual growth. By focusing on the future and employing interest-based negotiations, you can better prepare for this new chapter in your life.

How to incorporate interest-based negotiations in your divorce

Interest-based negotiations involve identifying and addressing the underlying interests and concerns of both parties rather than taking adversarial positions. They are particularly useful in a collaborative divorce because they encourage you and your spouse to look beyond immediate concerns and consider what will ultimately serve each person’s long-term goals. The goal is to avoid litigation by working together to reach an equitably advantageous settlement without court intervention. As a result, you and your spouse will have more control over the outcome. Here are ways to use interest-based negotiations in your divorce:

Identify your interests and those of your partner. What do you both truly need to move forward positively?
Set clear goals for your post-divorce life.
Communicate these interests clearly and without confrontation.
Brainstorm options together that can satisfy both parties’ interests.
Evaluate these options, keeping an open mind and a future-focused perspective.

By using this collaborative approach, you can develop a time-sharing schedule and parenting plan that works for all family members. Rather than getting caught up in contentious disputes, you can concentrate on constructing a framework that supports your children’s well-being and allows for a cooperative partnership with your former spouse. Do not let contention and conflict derail your divorce process. Instead, work with a skilled family law attorney to explore interest-based negotiations and achieve a resolution that protects your interests while respecting those of your spouse.

Equitable asset distribution: Knowing the difference between marital and non-marital property

2024-04-18T10:08:58Z

Division of assets between you and your spouse is a crucial and often complicated aspect in divorce. It is helpful to have a basic understanding of how this portion of the divorce works so you can better ensure you get your fair share of assets after you finalize the divorce. In high-asset divorce cases, determining who gets what can be challenging, which is why it is important to know the difference between marital property and non-marital property.

Marital property

Non-marital property

Do you have property or valuable collectibles that you purchased prior to getting married that you wish to remain yours? Or maybe you inherited assets. Do you have gifts from a third party that you received during your marriage? You do not need to worry about sharing these to your spouse, as these are non-marital or separate property. Keep in mind though that non-marital property loses that status if it commingles with marital property or vice versa. For example, placing your inheritance in a joint bank account with your spouse makes it marital property. Similarly, you can exclude specific assets from marital property through a prenuptial or postnuptial agreement to better ensure that they remain solely yours. Distributing assets in a divorce can be tricky, but clearly defining the type of property helps to better ensure you and your spouse get what is rightfully yours. This post provides a start to the conversation. Those with complicated assets are wise to seek legal counsel to better ensure proper and fair division of during the divorce.