Gurley Law, P.A.A Firm Dedicated To The Exclusive Practice Of Marital And Family Law2026-05-07T10:30:35Zhttps://www.gurley-law.com/feed/atom/WordPress/wp-content/uploads/sites/1304428/2026/02/GL-75x75.pngOn Behalf of Gurley Law, P.A.<![CDATA[What factors influence Florida’s time-sharing decisions?]]>https://www.gurley-law.com/?p=466652026-05-07T10:29:09Z2023-07-17T07:22:56Zparental time-sharing, which may either be shared when the child spends equal time with both parents or in a majority system when one parent has more time over the other. In cases when a parent has prior abuse or violence records, the court approves supervised time-sharing wherein a third party is present during a parent’s time with their child. Also, in extreme instances where the court finds it to be in the child’s best interests, sole parental responsibility may be possible.
Establishing your child’s best interests
It takes innumerable considerations to paint a complete picture of what’s best for your child. Florida law has an extensive list of key factors influencing a court’s time-sharing decision, some of which are:
Each parent’s demonstrated capacity and disposition to maintain a close parent-child relationship, uphold time-sharing schedules despite changes, uphold their child’s needs over their interests, and provide a consistent routine and disciplinary measures
Expected division of parental responsibilities, which includes delegation to third parties
Duration of time the child lived in stable and satisfactory conditions, and how such environment is in their best interests
The parenting plan’s logistical convenience, especially considering the child’s school location
Both parents’ moral, physical and mental fitness
The child’s current behavior when in school, at home or with the rest of the community
A child’s reasonable preferences when the court deems them mature enough
Each parent’s demonstrated knowledge, capacity and disposition to stay informed of their child’s circumstances and interactions
Evidence of any prior abuse or violence
In line with keeping your child from further emotional trauma, you and your spouse must also agree not to speak poorly against each other and spare them the litigation process’ elaborate details. As your child grows, you must also demonstrate awareness of their ever-changing developmental needs.
Suppose either of you violates or fails to comply with the court-approved time-sharing agreement. In that case, you may be in contempt of court punishable by specific sanctions affecting your privileges to have quality time with your child.
Your child comes first
The court looks at every possible angle before finalizing a decision. After all, it is your child’s future on the line. While you look out for your child’s interests, you also need someone to look out for you and your interests. A legal representative can aggressively pursue a strategic course of action that understands your family’s unique dynamics while protecting your parental rights.]]>On Behalf of Gurley Law, P.A.<![CDATA[Florida’s alimony: Types, grounds and possible reform]]>https://www.gurley-law.com/?p=466612023-06-21T08:45:56Z2023-06-26T08:45:14ZTypes of alimony
Florida courts may order either a lump sum or periodic payments for the following types of alimony:
Rehabilitative: As the most common kind of support, this provides the time and resources for a spouse to work on becoming self-sufficient again through education, skills training and other career advancement opportunities. The spouse in need must also show their plan with specific duration, cost and how to meet their goals.
Bridge-the-gap: This is the kind of assistance that addresses a spouse’s short-term needs for adjusting from being married to a single life. This support only lasts two years, and terminates if the spouse in need remarries or the paying spouse dies.
Durational: This is the financial maintenance intended for short- or moderate-term marriages, or if a long-term marriage does not need permanent economic support. The support duration must also not exceed the length of the marriage.
Permanent: This financial support is for exceptional circumstances that demonstrate the inability of a spouse to become self-sufficient in the future – a disability or taking care of their child with special needs.
The court looks at relevant factors to determine the kind of alimony to award a couple. These considerations include the ages of both spouses, marriage duration, the established standard of living during the marriage, both spouses’ physical and emotional conditions, and both parties’ financial resources.
This year, Florida’s Alimony Reform Bill, known as SB 1416, aims to revise the modification and termination of alimony payment terms. Supporters claim that this bill prevents long-term dependency on spousal support. On the other hand, critics argue that these revisions could pose more difficulties for the lower-earning spouse.
Support during the transition
As the state’s alimony laws continue to evolve, both parties need any support that they can get during this transition in their relationship. It will help for a legal team to clarify ambiguities so that no provision becomes overlooked while protecting the family’s best interests.]]>On Behalf of Gurley Law, P.A.<![CDATA[How do I tell my spouse that I want a divorce?]]>https://www.gurley-law.com/?p=466602024-05-08T12:34:18Z2023-06-20T13:02:20ZBe sure about the divorce
A divorce is not a solution to your marital problems but a resolution between two former spouses looking to reduce conflict by negotiating mutually beneficial terms. Remember that a divorce will bring forth many considerations, including property division, child custody, spousal and child support, legal fees and different settlement agreements. Therefore, you should not make this decision out of anger or spite. You want a divorce because it is best for everyone. It is a decision that you should base on logic and certainty.
Plan what you want to say
Now that you are sure, you must be able to express your sentiments to your spouse in a conducive and compassionate manner. However, you must establish boundaries. They should know you are serious about the divorce. Carefully choosing your words can help them process the information and move forward more effectively.
Talk to your spouse in the proper place and at the right time
Divorce is not a topic you want to open during your spouse’s birthday or at a family gathering. You should find a private place and an appropriate time to start this terribly crucial conversation. Although, you should not use time as an excuse to prolong the inevitable.
Prepare yourself for any adverse reaction
No matter how your spouse reacts, try to remain calm. They might not want a divorce, so their reaction is justifiable. You do not wish to aggravate their emotions by reciprocating them.
Avoid blaming anyone
In Florida, you do not need to establish fault to file for a divorce when there is no retrievable way to fix the marriage. You can proceed with the divorce in more amicable terms if you avoid blaming each other for the mistakes of the past.]]>On Behalf of Gurley Law, P.A.<![CDATA[How will trust assets be impacted by a divorce?]]>https://www.gurley-law.com/?p=466592023-06-15T09:04:18Z2023-06-20T09:03:30ZAre there rules for trust assets in divorce?
Unless a spouse is directly named as a beneficiary in a trust, they are usually not entitled to any of the trust assets during the divorce. This is because they are often treated as not belonging to the beneficiary.
That isn’t true all of the time. If the beneficiary has mixed their inheritance with married assets, the inheritance becomes marital property. One example of this is putting trust assets or inheritance payouts in a joint checking account, or if you have been using the trust assets for general living expenses.
The judge could also rule that some of the trust assets are given to your estranged spouse, but this is rare and will depend on the circumstances of the divorce. An example is if your ex-spouse has no way to earn money or provide for themselves immediately after the divorce.
How to protect trust assets during a divorce
Hopefully, the trust grantor - the person setting up the trust - will consider how divorce could impact their beneficiaries. The court will be less inclined to include the trust assets in the divorce if the wording of the trust doesn’t guarantee that the beneficiary will receive certain assets.
The court will also be unable to alter the trust if it is an irrevocable trust. If the trust is already created, it doesn’t mean protections can’t be added. If the trust grantor is still alive, they might be able to add language that clarifies the trust assets cannot be distributed to non-beneficiaries regardless of marital status.]]>On Behalf of Gurley Law, P.A.<![CDATA[Estate plans may need updating after a divorce]]>https://www.gurley-law.com/?p=466572023-06-01T07:29:06Z2023-06-06T07:28:07ZForgetting to update estate plans after a divorce could be a mistake
During the divorce, people need to be alert regarding their long-term preparation. When there is an estate plan, it should be scrutinized to decide if changes are needed.
Even in amicable divorces, people frequently want to change their will to account for the new circumstances to prevent a former spouse from inheriting assets the testator would not want them to have. If there is a trust, the former spouse could have been named as the trustee. Since this is a vast responsibility with extensive powers, changing it to name another person may be advisable.
Insurance policies can be a source of discord if a person forgets to change them after the divorce. There is a designated beneficiary on a life insurance policy and they will get the proceeds. That could be problematic if it is not changed. Children or a new spouse could find that the beneficiary is the former spouse because it was not updated.
A power of attorney gives a person great powers to oversee another person’s life personally and financially. This too might need to be updated to name another agent after a divorce.
Key documents need attention after a divorce
Divorce is a life-changing event. It is easy to get caught up in preparing for a new landscape after a divorce and to let essential documents remain intact when they should be reassessed. It is wise to look at these documents and act quickly to avoid complications.]]>On Behalf of Gurley Law, P.A.<![CDATA[Protecting your mental health after divorce]]>https://www.gurley-law.com/?p=466512023-05-04T07:53:11Z2023-05-09T23:56:55ZTake time to process your emotions
Divorce is a very difficult process for all parties. This is a time during which you need to be honest with yourself. The rules of logic don't govern emotions, and it can take time to resolve painful feelings. Avoid turning to alcohol or drugs as a crutch. Seeking counseling from a mental health professional or clergyperson might help. Another option is to join a support group for newly divorced people.
Establish some new routines
Have you always wanted to learn piano or how to cook Chinese food? Now is the perfect time to get started. Discovering new interests and establishing new routines can be the key to overcoming post-divorce depression. It may also point toward a rewarding new phase of your life.
Spend time with your children
One of the most important things you will need to do is help your children deal with your divorce. Talk to them honestly and explain the situation. Let them express their worries and do your best to propose viable solutions. This is crucial even if they are grown.
Don't play the blame game
The worst trap a newly divorced person can fall into is to blame themselves or others. You need to realize that you are facing an entirely new situation. Take time to get comfortable with these changes so that you can more easily build a new life for yourself.]]>On Behalf of Gurley Law, P.A.<![CDATA[What is excessive spending during a divorce?]]>https://www.gurley-law.com/?p=466482023-04-06T08:32:37Z2023-04-11T08:31:50Zdivorce or while the divorce is ongoing, one of the parties will begin to spend money at an abnormal rate. It's important to understand what constitutes excessive spending and also what the legal ramifications are.
What is excessive spending?
Excessive spending is when one or both members of a marriage begin to spend money at a higher-than-normal rate for purposes unrelated to the marriage. In order to legally qualify as excessive spending, this spending also needs to occur while the marriage is irretrievably broken.
Keep in mind that simply spending large sums of money doesn't qualify if that spending was already routine within the marriage. And also note that the spending must take place during a period in which it's provable that the marriage was in serious trouble.
If those conditions aren't met, the court is unlikely to view the spending as excessive.
Legal ramifications from excessive spending
If one partner believes the other is engaged in excessive spending, they can file a dissipation claim. It's then on the filing party to present evidence to the court confirming the charge of excessive spending. This will require both proving that the marriage is irrevocably broken and that the other partner is spending unusually large sums of money in a way that isn't in support of the marriage.
If the court finds the dissipation claimant's claim to be compelling, it will now be incumbent upon the other partner to justify the spending they've done. If that justification isn't valid, the court can rule against the spending partner with a monetary judgment making up for the excessive spending.
Excessive spending during a divorce is a frequent occurrence, but it has a strict definition. Not all spending qualifies, and it's crucial to understand what is and isn't excessive spending if you're involved in a divorce.]]>On Behalf of Gurley Law, P.A.<![CDATA[Navigating social media during your Florida divorce]]>https://www.gurley-law.com/?p=466462023-03-22T05:26:05Z2023-03-28T02:55:17ZBe careful about venting on social media
It’s not uncommon to use Facebook or other social media platforms as a place to vent about the divorce. This can be quite cathartic, but it can also further complicate your divorce.
Your ex be less willing to negotiate if they see you complaining on social media. It’s not just you venting on social media either - mutual friends on social media talking or commenting on your divorce might also impact how your spouse negotiates with you.
Change all of your privacy settings
It’s essential to change your privacy settings to the highest level. Anything that you post can be used against you by a spouse in divorce proceedings. For example, posting about getting a raise might encourage your ex to ask for higher alimony payments.
You should also recommend that your friends and family that are still mutual with your soon-to-be ex-spouse also change their privacy settings. You should also ensure that any friends of your ex, or their family members, are restricted from seeing your posts.
Consider removing social media all together
If your divorce is complicated, you should consider taking a hiatus from posting or sharing things on social media. This can reduce the risk of your ex discovering something they shouldn’t.
No one can blame you for turning to social media to connect with your friends during this difficult time. That said, it’s important to keep your privacy at the forefront of your mind through the divorce process.]]>On Behalf of Gurley Law, P.A.<![CDATA[Putting your child first – navigating divorce with special needs children]]>https://www.gurley-law.com/?p=466442023-03-08T07:11:36Z2023-03-13T06:11:14ZChild custody and support
Child custody and support are among the most important considerations in any divorce. Courts make custody and support decisions based on the child's best interests. This includes considering the child's health, education and emotional well-being.
When it comes to special needs children, courts may consider the child's unique needs and the ability of each parent to provide for those needs. This may include considering the cost of specialized care and treatment, the availability of resources and support systems.
Parenting plan
Divorcing parents create a parenting plan that outlines how they will share parental responsibility and time-sharing with their children. When creating a parenting plan for a special needs child, it is important to consider their unique needs and abilities.
This may include addressing issues such as the following:
Medical care
Therapy or treatment schedules
Educational accommodations
Specialized needs
Impact of the divorce on the child's routine and stability
Parents can work together to create a plan that meets the child's best interests.
Financial considerations
In addition to child custody and support, divorcing parents of special needs children may also need to address financial considerations related to their child's care. This may include the costs of the following:
Specialized medical care or therapy
Education expenses
Home modifications
Assistive technology
Parents can create a plan for addressing these financial considerations. This may also involve including outside resources or support, such as government benefits or community programs and developing a long-term financial plan for the child's care.
Going through a divorce with a special needs child as your top priority can be challenging, but navigating this difficult time with care and attention to the child's unique needs is possible. By working together to create a parenting plan that addresses the child's needs, parents can ensure their child receives the care and support they need during and after the divorce.]]>On Behalf of Gurley Law, P.A.<![CDATA[Tips for helping your children deal with your divorce]]>https://www.gurley-law.com/?p=466432023-02-23T15:01:24Z2023-02-28T15:00:50ZEncourage communication - emotional and physical needs
Encourage your children to communicate their feelings and concerns about the divorce. Creating a safe space where they feel comfortable expressing themselves is important. Answer their questions honestly and be available to listen and offer support. Take care of your children's emotional and physical needs during this time. Ensure they eat a healthy diet, get enough sleep, and participate in activities they enjoy.
Avoid putting children in the middle
Avoid putting children in the middle of the conflict. It is important not to ask them to take sides or to involve them in adult conversations or disagreements. Children should be allowed to maintain healthy relationships with both parents.
Keep communication lines open
Keep the communication lines open with your children, even if you are not living together. Regularly check in with them, call or message them and spend quality time with them to maintain your relationship and stay updated on their lives. Also, please encourage your children to participate in activities they enjoy, such as sports or hobbies. This can help them maintain a sense of normalcy and provide an outlet for stress or anxiety.
As a parent in Florida, it is important to help your children deal with the challenges of your divorce. Encourage communication, take care of their emotional and physical needs and encourage activities. Using these tips as a guideline, you can help your children navigate this challenging time and develop a strong foundation for the future.]]>