33 Typical Divorce Issues When You Have Minor Children
If you are considering filing for divorce in the state of Florida and have minor children, there are many important issues to address. From determining child support to considering relocation issues, it is essential to cover all the bases when it comes to filing a divorce petition and working out the details with your soon-to-be ex-spouse.
Here is a comprehensive list of typical issues you will face when filing for divorce in Florida if you and your spouse have minor children:
- Determining whether to seek an annulment instead of a divorce
- Establishing a parenting plan (it is important to note that the age of the minor children is critical consideration here as infants, toddlers, pre-school, early aged, pre-teen, teen and older adolescent children all have different issues that must be considered and addressed).
- Determining a time-sharing arrangement for the children
- Determining child support payments
- Allocating responsibility for attorney’s fees and court costs
- Obtaining a domestic violence injunction, or injunction related to stalking, (online or otherwise) (during the divorce or post-divorce)
- Establishing a name change, if necessary
- Being mindful you may eventually need to modify an existing court order, parenting plan, child support, alimony, or court injunction
- Determining alimony payments (spousal support), if applicable
- Establishing new health insurance or medical coverage for the children or spouse
- Reaching agreements related to filing taxes jointly or separately post-divorce
- Allocating retirement benefits which can include the preparation of a Qualified Domestic Relations Order (QDRO). A QDRO is a court order that divides certain retirement benefits between spouses in the state of Florida. A QDRO is commonly used when one spouse earns retirement benefits during a divorce and the other spouse needs to receive part of those benefits.
- Determining the division of assets such as real estate, investments, bank accounts and other property
- Assigning debt and liability to each party (ex. Student loans)
- Addressing the payment for college tuition for any minor children
- Determining relocation (out of state) rights for a child or parent
- Transferring ownership of property or investments in the event those assets are not divided
- Establishing any conditions under which the martial settlement agreement can be modified, including modifying alimony, custody or support in the future
- Protecting each party from any assets the other may have acquired prior to the marriage
- Establishing communication protocols to help foster a healthy co-parenting relationship
- Establishing temporary arrangements for child or spousal support, if necessary
- Determining who will keep the family home, if any
- Establishing a plan for maintaining or selling the family home
- Negotiating which possessions each spouse will retain
- Determining how to divide responsibility of any pet(s)
- Dealing with any jointly owned businesses, including entering into a business agreement like a buy-sell agreement, shareholders agreement, or operating agreement.
- Allocating responsibility for extracurricular activities, educational costs and medical expenses
- Establishing a life insurance policy to protect the child in case of a parent’s death or disability
- Making arrangements regarding inheritance rights, including establishing trusts
- Making changes to your beneficiaries for life insurance or retirement plans (to your children)
- Ending spousal support in the event the spouse receiving benefits is remarried or is in a supportive relationship
- Addressing any immigration issues that may arise as a result of the divorce
- Deciding how decisions concerning any religious upbringing or activities will be managed
No matter what decisions are made regarding these issues, it is important to remember that it is possible to reach an amicable resolution between the parties. This will ensure the best outcome not only for the parties but also for any children that may be affected.
If you are in the process of seeking a divorce and need assistance or guidance on how best to approach the situation, especially when there are minor children, please feel free to contact us. Larry Schott can help provide clarity and support throughout this sometimes difficult process.
Do you have a question? Call Larry Schott Today at 954-880-1302
Contact us today to learn how we can help. Larry will listen to your case and explain your rights. When you’re ready to work with an experienced divorce attorney, please feel free to fill out the form on our Contact Us page or give us a call at (954) 880-1302.
To Learn More Read Our In Depth Article: A Step-by-Step Guide to Getting a Divorce in Broward County