Divorcing with Children: What You Need to Know for Your Kids – Naples Divorce Attorney

When carrying out a divorce where children are involved, the well-being of the children should remain a top priority. Divorce can be hard on a couple’s children, particularly with younger children who may not understand why the situation has to be the way it is. These tips from a top Naples divorce attorney can help you and your partner make the process as manageable as possible for your children.

Be Open with Them

While you don’t need to tell your children every detail about why you’re getting a divorce, you should also not be hiding the process from them either. When you’ve reached the point where you and your partner are each hiring a divorce attorney in Naples, you should also prepare to sit down and explain the situation to your children to help them begin to process and understand the split in an easy and friendly manner. Also, having a child attend counseling to learn to cope with their parents divorce may be a productive approach.

Be Understanding

An experienced Naples divorce attorney knows that no two children will react to the news in the exact same way, and it’s important that you provide validation for the way your children are feeling. Divorce can be very hard on children, and feelings of anger, sadness, confusion and guilt are all common. Offer your children support however they take the news to help ease their burden.

Make Yourselves Available

It can be easy to get caught up in your own concerns and issues when in the middle of a divorce, but it’s essential as a parent to make sure that you are there for your children. Check in to see how they are doing and offer help understanding the changes if needed. Try to continue doing things together as a family if possible. Maintaining a united front will help reassure your child, and ultimately help them acclimate to the idea of the divorce more easily.

Keep any Arguments Private

While it’s always advisable to avoid arguments in general during a divorce, if they do occur, make sure the children are not around to see it. Witnessing an angry fight between their parents can be very hard on your children.

If you’re struggling with your children during a divorce, speak with your Naples divorce attorney and ask for advice. Just as experience can help you during mediation, it can help you do what’s best for your children, as well.

Contact us today through the online contact form, or for more information and to schedule a free phone consultation call us at (239) 325-4477

Naples Divorce Lawyer – What Assets Could You Lose in a Divorce?

It can be challenging to navigate the troubled waters of dividing assets during a divorce. If you’re unable to come to an amicable agreement with your spouse, the decision will be left to the courts. Having a knowledgeable Naples divorce lawyer on your side can help guide you when meeting with mediators or judges.

What Are the Different Types of Assets?

There are two different types of property: marital and non-marital property. Marital property includes any earnings or debts gained by either spouse during the marriage. Florida is an equitable distribution state, not a community property state. Non-marital property is considered any assets designated explicitly for just one spouse, such as an inheritance, non-marital pension proceeds, and non-marital personal injury awards. If potential non-marital property entangled itself with property, such as if a business started by one spouse before the marriage significantly grows in value, you should consult a Naples divorce lawyer to determine technical ownership.

Contact the Law Offices of Shawn Seliger Today

If you need help navigating the potentially painful process of dividing assets, contact us today for more information and a free phone consultation at 239-333-0077. As a leading Naples divorce lawyer, we may be able to help ensure assets are split fairly.

Types of Alimony Available in Florida and How a Naples Alimony Attorney Secures Your Support

The Florida courts award alimony to help the lower income earner maintain the marital lifestyle until he or she is capable of such maintenance on their own. That said, Florida law recognizes five different types of alimony and allows judges to use their discretion when making spousal support determinations. A skilled Naples alimony attorney can advise you of your rights and help you secure the support you need to live comfortably post-divorce.

The 5 Types of Alimony in Florida

Florida categorizes spousal support in one of five ways based on several factors, including need, duration of marriage and the age, health and earning capacity of each party. If the judge decides to award you alimony, you may expect one of the following:

· Permanent Alimony: Your alimony attorney in Naples may be able to secure it for you if they can prove that you lack the ability to become self-supporting and/or maintain a standard of living similar to that enjoyed during marriage while meeting the legal requirements to receive permanent alimony.

· Temporary Alimony: This type of support is designed to help you through the duration of the divorce process. It ends immediately after the divorce is final.

· Bridge-the-Gap Alimony: Your Naples alimony attorney might fight for this type of support if you need financial assistance to meet legitimate and identifiable short term-goals, such as selling the family home or finishing your degree.

· Rehabilitative Alimony: As its name suggests, this type of support is designed to help you acquire the training or education necessary to obtain gainful employment.

· Durational Alimony: A judge might award durational alimony if the legal requirements are met. The maximum duration of this type of support is the length of the marriage.

Retain the Help of an Attorney

An experienced Naples alimony attorney possesses a thorough understanding of Florida alimony law and is prepared to guide you toward the best possible outcome. Contact the Law Offices of Shawn Seliger today for more information and a free phone consultation at (239) 333-0077 OR fill out the online contact form.

What You Need to Know About Filing – Divorce Attorney in Naples

A divorce can be complicated, especially if child custody, alimony or property divisions come into play. This is why it helps to have a divorce attorney in Naples working on your behalf. Below is an overview of what you can expect when you seek a divorce.

File a Petition

In Florida, a divorce is called dissolution of marriage. The process starts when you file a petition in the Circuit Court where you reside. As the petitioner, your document must explain what you want a judge to do. Additionally, the paperwork must describe your marriage as “irretrievably broken.”

Expect a Response

Your spouse is served the petition. As a respondent, your spouse has 20 days to file an answer to your petition and/or file a counter-petition. You can submit paperwork to respond to your spouse’s counter-petition. A divorce attorney in Naples can assist you with filing these legal documents.

File More Papers

Divorce proceedings often involve filing paperwork related to children and finances. These documents include:

  • Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) Affidavit
  • Child support guidelines worksheet
  • Financial affidavit

Undergo Mediation

Many Florida courts mandate that divorcing couples participate in mediation. This allows you to resolve issues with the help of a mediator. However, if you’re a victim of domestic abuse you may be exempt.

Prepare a Parenting Plan

A plan for parenting is either drawn up by the court or the divorcing parties. A divorce attorney in Naples can help with this step. Additionally, Florida requires parenting classes prior to a divorce being finalized. 

Attend Trial

A trial is known as a final hearing. At this stage, a judge reviews the case and addresses issues that weren’t resolved during mediation. After considering the evidence, Florida law and testimony, a judge grants dissolution of the marriage.

A divorce attorney in Naples can guide you through the complex process of obtaining a divorce. Please contact us today for more information and a free phone consultation at (239) 333-0077 or fill out the online contact form.

Protecting Your Assets and Property During a Divorce – Naples Divorce Lawyer

Divorce is messy and complicated, even when it’s as smooth as possible and both parties want to cooperate. Unfortunately, much of the time, that’s not the case, and you need to know how to protect yourself and your future as you make plans to pursue it on your own. If you’re looking for a divorce lawyer in Naples, you need to understand how Florida’s equitable division law might help you during your divorce negotiations.

Equitable vs. Equal

Florida law does not determine an exact proportional split of marital property during a divorce the way some states do. This means there’s no law stating that the division of assets must be 50/50. Instead, the judge is supposed to weigh the facts of the case and find a fair solution based on a form of equitable or unequal form of equitable distribution. This means you can make the case for your pre-existing assets being completely yours. It also means:

  • The balance of financial and other contributions to the household matters
  • Your presentation of your own contributions matters, and so does your spouse’s
  • The judge may weigh the reasons for the divorce
  • The financial obligations and overhead of both parties matters

What does this mean? It means that a good divorce lawyer in Naples can help you make the case that your assets are largely yours, as long as it fairly acknowledges the contributions your spouse has made in the final division of assets.

Protect Pre-Marital Property One of the key ways to protect your assets is to establish to the court what assets pre-existed your marriage. Those are typically exempt from division unless commingling of assets occurs.  If you are looking for help with your divorce, don’t wait to look for a divorce lawyer in Naples. Contact us today for more information and a free phone consultation at (239) 333-0077 OR fill out the online contact form and we will reach out to you directly.

What To Know About Divorce Rates in Florida: Naples Divorce Attorney

The United States currently ranks fourth in the world for divorce rates with an average marriage life of eight years before divorce. The 2018 statistics have yet to come out for individual states. The grim outlook of the 1990s is long gone, but divorce still ends many marriages. A Naples divorce attorney can offer you greater insight into the information below.

Statistics of Divorce in Florida

In 2017, Florida ranked seventh among the states for highest divorce rates. While the state may be a good option for moving to start over and retiring, there has been a rise in “gray divorce” or retirees choosing to divorce. Eleven of the top fifty cities for divorce reside in the state. However, the rate of divorce in the state still lies at a little below fifty percent on par with the national average.

Factors Contributing to Higher Divorce Rates

While the average divorce rate across the nation for 2018 lies between 42% and 45%, some indicators may contribute to a higher chance of divorce. Though not every marriage with these factors ends in divorce, they do have a higher likelihood of ending.

  • Remarriage statistics grow with each subsequent spouse
  • No high school diploma
  • A friend or relation getting divorced
  • Marry before the age of 25
  • Parents are divorced
  • Fight about money
  • Your spouse doesn’t smoke but you do

A Divorce Lawyer’s Job

A Naples divorce attorney is a good place to start when looking to file for divorce or after you’ve been served papers. They handle the paperwork, assist in determining division of debts and assets, assists with terms for child support and child custody, gather research for the case and offers advice.

Navigating the heartbreaking waters of a failed marriage are easier with a Naples divorce attorney. Please contact us today for more information and a free phone consultation at (239) 333-0077. You can also fill out our convenient online form after hours.