The divorce petition Crist filed last week in Pinellas County stated that the marriage was “irretrievably broken.”

Crist married Carole Rome, a New York socialite and business executive, in 2008, while he was serving as Florida’s governor, and she assumed the role as one of his top aides. The couple did not have any children from their marriage.

Florida’s Collaborative Law Process

The Crist’s divorce filing states that Representative Crist anticipates a collaborative law process. This is a non-adversarial process in Florida, in which the spouses work together to settle all issues in private without a court proceeding. Throughout this process, an attorney represents each spouse who assist the parties with the drafting of a binding settlement agreement. Typically, jointly retained, neutral experts and professionals are retained to resolve issues of valuation of marital assets to assist both parties in obtaining an informed and equitable settlement. If settlement fails, the attorneys are required to withdraw, making the collaborative divorce method unique.

Prenuptial Agreement

The Crists also signed a prenuptial agreement prior to their 2008 marriage. A prenuptial agreement—also known as a “premarital agreement” in Florida, is a contract signed by both spouses before the wedding that determines how certain issues such as alimony and property division will be handled in the event of a divorce. A “pre-nup” will detail each spouse’s financial rights and obligations during and after the marriage. Specifically, couples in Florida use prenuptial agreements to determine issues like the following:

• Each spouse’s ability to control property during the marriage;
• The division of property if they divorce;
• Whether one spouse will pay alimony to the other…and if so, the amount and duration;
• How retirement plans, pensions, and life insurance policy proceeds will be divided; and
• Whether either or both spouses must create a will to carry out the terms of the agreement.

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The collaborative law divorce process isn’t for every situation. With all eyes on Charlie Crist, he will try to create as little negative publicity as possible. In many other circumstances, the issues for a couple—especially the issues surrounding children—can be highly emotional and traumatic. In addition to the stress and emotions, some marriage partners don’t understand all their legal rights and obligations. An experienced divorce attorney can counsel you on issues specific to your situation and facts, as well as to answer all your questions and protect and guide you through the dissolution process. Work with an experienced divorce attorney in Orlando to advise you about your rights in a Florida divorce, especially concerning your children, your property, alimony, and tax consequences.

Contact DeVoe Law Firm to schedule a free consultation.

How to Divide Your Assets in a Divorce

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Before a divorce can be granted, all of the couple’s assets must be divided in a way that is agreed upon by both parties. This can get really difficult when it comes to the couple’s home, vehicles, securities, valuable collectibles, retirement benefits, and household items. But if you can both agree, it will make the divorce process quicker and easier. The following may help you divide your assets amicably:

Make a list

Make a list of all of your assets with your spouse. You should include your home or any joint property (land, a vacation home, lake cabin, etc), all vehicles, bank accounts, securities (stocks, bonds, money market accounts, CD’s), valuable collectibles, household items including furniture and appliances, and retirement savings and plans.

Play Nice

If you and your spouse can make a list in an amicable way and agree to how you’re going to divide your possessions you can save a lot of time and money. When there are property disputes, a third party has to be brought in to help you come to an agreement. Ninety percent of divorces are settled without a trial. Seeing a divorce mediator or hiring a divorce attorney can help you handle your property division.

Dividing the House and Car

The home and cars are often the cause of dispute in a divorce. The home is usually given to the parent with primary custody of the children if there are any. The car is more complicated and isn’t necessarily given to the spouse who solely holds the title.  The car may become marital property and given to a spouse depending on how much it’s worth.

There’s a bit of wiggle room in the division, and if the couples can agree on certain items being split, the entire process can go much more smoothly. There will always be property worth fighting over, though. Case in point:

What happens to big-ticket items like houses and cars?

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With houses, the value is almost always taken into account along with the other community property, so if one person ends up with the house, the other person is awarded other items of commensurate value. One of the big exceptions to this rule is if one parent is granted sole custody of children, in which case they tend to get the marital house as well. This is not always the case, though, and certainly not the only exception to the rule either.

For things like cars, it actually gets a bit more complicated.

Generally, the rule is, if the item was owned by one person before the marriage, it’s not community property (there are always exceptions). However, if one vehicle was purchased and shared by both spouses, even if only one person’s name is on the title, then it will usually be considered community property, and the dollar value of that vehicle will be included in the property division determination. Sometimes, it can even be possible to argue that a vehicle one spouse owned before the marriage turned in to community property while in the marriage. This could be due to the couple carpooling to work, or the other spouse selling their preexisting car in order to consolidate, etc.

It’s worth mentioning that the split of all these possessions can be agreed upon by the spouses, but if no amicable agreement can be reached, this is how the court system will treat a property division case.

Cars are a borderline-necessity in this day and age (especially in Florida), so make sure that you think about what is likely to happen to your marital vehicles should you be facing divorce. Even if your name has never been on the title, you may still be able to claim ownership of it. Be sure to talk to a skilled attorney if you have any questions.

Adultery is the exception to Florida’s no fault divorce

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Effects of adultery on child custody
Adultery can affect how child custody is arranged because when the court considers this aspect, they take moral fitness into consideration. If one parent can prove that the other’s adultery is likely to have a negative impact on their child, the judge might limit that parent’s custody or visitation.

Effects of adultery on property division
Adultery can also affect how marital property or debt is divided. If one spouse can prove that the other used their money on their non-marital partner on things like gifts, trips, apartment rent, car payments, and dinners, that can be considered a waste of marital assets. Then the court may reduce the adulterer’s share of marital assets to compensate the other spouse.

Effects of adultery on alimony
In Florida, adultery is a factor that is considered when determining alimony, but courts struggle to pair adultery with the no fault concept. When a judge makes this decision, they usually only increase a wronged spouse’s alimony if the adulterous spouse’s non-marital relationship increased the wronged spouse’s monetary needs.

If you would like to speak to a divorce lawyer, contact us here.

Why you should have a prenuptial or postnuptial agreement

It encourages financial unity in a marriage

A prenuptial agreement brings each individual’s finances to the spotlight and it forces a couple to talk about any financial issues they may have just ignored. A prenup helps a couple not only consider what should happen if they get divorced, but what should happen during their marriage so that they always remain financially stable.

It provides reasonable terms for division of property

Deciding how assets should be divided shouldn’t be during a time of conflict. Creating a prenup allows you to decide this during a time when your emotions are in check and when you want the best for the both of you. This way if you do end up getting a divorce, you have more time to spend healing instead of fretting over the details.

It protects your children’s financial future

If you have children from a previous marriage, a prenup can ensure they get the inheritance they deserve if you were to pass away. Often times the stepparent ends up taking half of their inheritance in a divorce and a prenup ensures that doesn’t happen.

Speak to a divorce lawyer

If you would like to speak to a lawyer about creating a prenuptial or postnuptial agreement, contact us here.

Ask yourself why you must modify your parenting plan

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If you need to modify a parenting plan that is regulated by the court it may not be so easy to achieve. Changing this plan can take a long time and can be expensive. These changes are usually not granted unless it is in the best interest of the child. Parenting plans can usually be modified if the primary residence of the child needs to be changed or if there needs to be a significant change in the amount of time the child spends with one parent. Really think about why you need to modify your parenting schedule because the court will not typically change the plan just because it’s in the best interest of the parent.

Is modifying your child custody plan in the best interest of your child?

A family court judge is going to assume that your current parenting plan is what is best for your child. Judges want the final plan to cause the least amount of damage for the child, and will only modify the plan if it is better suited to your child’s life. If the modifications being made to your parenting schedule are being made to make your child’s life easier or happier you have good chances in getting the plan changed.

How to modify your parenting plan

If you would like to legally make a change to your parenting plan you must file a petition for modifying the parenting plan with your family court. Then you will severe the co-parent with a petition notice of a court hearing. The hearing will be given a date and then at the hearing you will present your case. A judge will then make the final decision.

No two divorce cases are the same and navigating through this process can be difficult. It is not recommended you go into a divorce proceeding with the mindset “I can do it all.” An experienced Florida divorce attorney can help you navigate the treacherous waters of the Florida divorce process.

The divorce process in Florida

Before filing for divorce in Florida
There are usually only two reasons a judge will grant a divorce in Florida. The Petition for Dissolution of Marriage must state that either the marriage is inevitably broken, or that one of the spouses is mentally incapable of remaining in the marriage.

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One of the spouse files for divorce
The spouse filing for divorce is called the Petitioner. They are the one who initiates the procedure with the family law or domestic relations court.

The other spouse receives the divorce papers
The spouse who did not file for divorce is called the Respondent. This spouse will usually receive the dissolution of marriage papers from a service.

The divorce is filed with the court
The divorce will most likely be handled in the Circuit Court for the county that you live in. The court should assign your divorce a case number and will have jurisdictional rights to grant orders concerning your property, debt division, support, custody, and visitation.

Primary documents are completed and filed
Documents such as the Petition for Dissolution of Marriage and the Final Judgment of Dissolution of Marriage are filed. The documents start and finalize the divorce in Florida, along with ten to 20 other documents. The County Clerk’s office should manage all of your paperwork and keep both parties and lawyers informed throughout the process.

Property is divided and distributed
Marital property is always divided equally in the state of Florida. Florida is an, “equitable distribution” state so judges always divide property in the fairest and most equal way.

Spousal support it determined
Spousal support is decided on a case by case basis so not all divorces require spousal support.

Child custody and support is granted
The state of Florida always strives to do what is best for the children involved and typically grants shared custody and only grants sole custody when it’s in the best interest of the child. Child support is based on the amount of income each parent makes. Income is usually verified by examining past W-2’s and with child support worksheets.

Shared Parental Responsibility in a Florida divorce

The Florida court has two initial options when deciding parental responsibility. The first is Shared Parental Responsibility in which the court orders both parents to retain full parental rights and responsibilities. The parents must decide on major parental decisions together and the welfare of the child is determined by both parents. In Florida, Shared Parental Responsibility is the default decision as it is usually what is best for the child.

Sole Parental Responsibility in a Florida divorce

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If parents cannot agree upon major decisions regarding their children, the court may give one parent Sole Parental Responsibility. The parent with the sole parental responsibility will be decided upon by the court to make the major decisions regarding the minor child. This option is always the exception in court and is only granted when one parent is unfit to share in the parenting of the child. If shared responsibility is detrimental to the child the court will rule to grant one parent Sole Parental Responsibility.

Rotating Custody in a Florida divorce

For parents who typically get along, Rotating Custody is another option in their divorce. This give both parents 50 percent custody but it is not favored by the courts. This option is usually preferred by parents because it reduces child support exposure. Child support laws in Florida take into account the amount of time the child spends with each parent.

If you would like to speak to a lawyer about your rights as a parent, contact us here.

How a dependence tax deduction is determined

Even when parents have shared custody, it rarely works out where the child spends an even 50 percent of his or her time with both parents. The IRS gives the parent who had custody of the child the most throughout the year a tax break. Even if your divorce decree states that you share equal custody, both parents cannot receive the tax break. Below are ways to determine which parent can claim a dependent on their taxes:

• The parent who spent the most days throughout the year with the child can claim him or her as a dependent. If you had your child 55 percent of the time and your ex had your child 45 percent of the time, you may claim a dependent.
• If your child in fact did spend exactly half the time with both parents, the parent with the highest adjusted gross income gets to claim your child as a dependent.

Waiving the dependent tax deduction

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A divorced couple can agree to terms on their own to allow one or the other to claim their child. The one who qualifies to claim the dependent can waive the deduction. In order to do this both parents must still pay 50 percent of the child’s living expenses for the year and the equal custody agreement must be memorialized in a court ordered divorce decree. If you and your ex agree to these terms, the one waiving the dependent can sign IRS Form 8332, giving the other the ability to claim the child as a dependent.

In short, a simplified dissolution of marriage is quicker and generally pre-agreed upon way to obtain a divorce in Florida–but it is only available if the marriage falls under certain circumstances. All of the following statements have to apply and be true about the couple, or a simplified dissolution of marriage cannot be obtained. The circumstances include:

• The married couple has no dependent children
• The wife is not pregnant
• One or more of the spouses must’ve lived in Florida for the past six months
• The couple must have a plan for division of assets that is agreed upon by both parties
• The couple agrees the marriage isn’t able to be repaired and agree upon the simplified dissolution of marriage as the route for ending the marriage
• Each person in the marriage must be aware that after the dissolution is achieved, neither one of them is entitled to any support from the other spouse
• Both members of the marriage must be present at the dissolution of marriage hearing

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If any of the above statements are not true, the couple must seek an alternate route for ending their marriage, typically, this is a traditional divorce. If the statements all apply to the married couple, the couple can then either seek an attorney to guide them through the process, or they can file for the dissolution themselves. However, we highly recommend hiring an attorney for this process because ending marriages is rarely a clean, easy procedure, so it is best to have an experienced attorney on your side.

Downsides to a Simplified Dissolution in Florida

There is a downside to a simplified dissolution, however. Mainly, when filing for a divorce in this way, the couple gives up some of their legal rights. The couple forfeits the option of seeking any kind of financial support after the marriage. Alimony is not an option after filing for a simplified dissolution of marriage. Also, if the couple files for a simplified dissolution themselves, they lose the help and advice of an attorney. Having an attorney through any process involved in ending a marriage is vital. The attorney can advise and be sure that their client is cared for and all laws are followed at all times. If you are interested in filing for divorce, give us a call today.