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.

In the state of Florida, child custody and visitation is referred to as time-sharing. The courts believe that it is usually in the best interest of the child to have equal time-sharing schedules, and you should have a plan that shows when your child spends time with each parent.

Creating a time-sharing schedule

Your time-sharing schedule should include:

• An everyday schedule that shows when the child is with each parent on weekdays and on weekends
• A holiday schedule that shows which parent the child is with for holidays
• A summer break schedule that shows when the child is with each parent during summer break

Other things to consider as you make your schedule:

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  Florida courts encourage parents to work together to make a schedule they both like

• Your schedule should give your child frequent and consistent contact with both parents
• Your child’s age usually determines how long and how frequent visits are
• Usually all the children in a family stay together for time-sharing
• If parents are not able to agree on a schedule, the court will establish the schedule

Having the courts establish a time-sharing schedule

Courts in most counties in Florida follow similar guidelines when setting up a time-sharing schedule. For the everyday schedule for children 3 and over, there will be one residential parent, usually the one who lives near the child’s school, and one nonresidential parent. The child visits the non-residential parent:

• One evening during the week after school or work to 8:30 pm
• Every other weekend from Friday after school or work to Sunday evening at 6:00 pm or Monday morning when school starts
• If the child has school off on the Friday before the non-residential parent’s weekend, the weekend time starts on Thursday.
• If child has school off on the Monday after the non-residential parent’s weekend, the weekend ends on Monday evening or Tuesday morning when school starts.

Parents will also alternate holidays and share the child’s summer break evenly.

Florida child support guidelines

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In the state of Florida, parents are obligated to provide support for their children. The state courts follow guidelines called the “Income Shares Model” when calculating who pays child support, how much they will pay and how often they will pay it. This model estimates how much money the parents would have spent on their children if they had not divorced. Then the amount is divided between the parents based on their incomes. The courts also use Florida Child Support Guidelines while determining a child support order.

Determining the amount of child support in a Florida divorce

There are several steps the courts go through when determining the amount of child support one parent pays the other:

• Step one: Both parents must complete a financial affidavit that details their income and expenses. The affidavits determine each parent’s net income and that is how the child support amount is calculated.
• Step two: Once each parent’s net income is determined, they are added together and the court’s Child Support Guidelines provide a grid that shows how much child support should be awarded and to which parent.
• Step three: Other expenses are divided, such as educational expenses, health care premiums and deductibles and child care expenses. These expenses are divided and split among the both parents. Each parent is responsible for a percentage of these expenses and the percentage is calculated based on their net incomes.

Choosing the best child custody lawyer

It’s obvious to say that you probably don’t want a timid child custody lawyer, but you also don’t want a bad aggressive lawyer. Below are the best qualities to look for when choosing a custody lawyer:

• Choose a lawyer with plenty of experience in handling high-conflict divorce and child custody cases
• Choose a lawyer who is well versed in personality disorders and their role in contentious litigation
• Choose a lawyer that can clearly demonstrate what’s at stake for your family and child
• Choose a lawyer that listens as much as they talk

Why is choosing an aggressive child custody lawyer the best solution?

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It’s common for parents to waste money on attorneys who approach is too passive. Passive lawyers don’t ask the tough questions, don’t listen to their clients and are quick to suggest a settlement that is far below your expectations. They basically don’t try hard enough to get what you are expecting out of them.

A lawyer on the aggressive side is more likely to work hard to get the result you are looking for. It’s always smart to google attorneys before hiring them. You should also ask for client referrals. Child custody attorneys can usually be pretty costly, especially when you hire an experienced one. Be sure you are hiring someone who will get results that are in the best interest of your family. Call us today for a consultation.