All posts by Vivian C Rodriguez

divorce-lawyer-online

Divorce Lawyer Online- How to Find Legitimate Legal Help

divorce in florida, online divorce

Using a divorce lawyer online for your divorce can save time and thousands of dollars in the entire process.  But searching online for a divorce lawyer will also bring up ads that are not from lawyers.  These ads can frequently appear right along with those of legitimate divorce lawyers.

Making sure a divorce lawyer online is a lawyer

Only a licensed divorce lawyer can provide you legal advice for your divorce.

All attorneys in the US need to be licensed.  In Florida, The Florida Bar licenses attorneys.  A person who holds themselves out to you as a lawyer must be licensed by The Florida Bar.  Moreover, practicing law without a license is illegal, but you can still find some people holding themselves out to the public as lawyers in some areas.  For example, immigration is an area where scams are easily found.

If you’re looking for legal advice from anyone online or on the phone, you can always search at The Florida Bar website to see if they are licensed attorneys, before you contact them.

Affordable help for divorce

Florida tries to make legal assistance affordable.  To do this, the law allows for persons who are not lawyer to provide assistance in filling out legal forms, such as divorce forms.  In some counties, like Miami-Dade, for example, the Court has a self-help program where you can get legal forms.  You cannot get legal advice from the self-help staff because they are not lawyers.

Getting help from another source is also possible, so long as you understand that persons who fill out forms are usually not lawyers.  They cannot provide you legal advice.  When they help you fill out any legal form, they must include information that lets you know whether they are lawyers.  If they are not, these forms usually include a paragraph for the non-lawyer to indicate that the name of the person who helped you complete the form and is not a lawyer.  It also requires them to include their name and information.

How to Know if You Need a Divorce Lawyer

There are instances when you can do your own divorce.  There are other instances where you may need the help of someone to prepare divorce forms so you can do your own divorce.

You may need the assistance of a divorce lawyer if you have questions about your divorce circumstances.  These questions may be about property, debt, children, child support, and any number of things that worry you about your circumstances.   The answers to these questions may be provided by Florida divorce laws, which involve legal advice.  Answers to questions that provide legal advice is what lawyers are licensed to do; they have the training in law to provide that advice.

As divorce lawyers online, we are able to offer legal help for divorce more efficiently for clients. Online divorces are also more affordable because technology reduces cost. 

Even courts now use technology, such as the Zoom virtual platform, for hearings. So even family court can be described as family court online.  In contested divorces, we routinely represent parties at hearings using virtual platforms.  Mediation and depositions are also using these virtual platforms.

Conclusion

Online advertisements make it easy for you to get the help you need for an online divorce or just about any other legal assistance.  But you need to make sure you can get the service you need from a trusted source.

If you are interested in doing your divorce online, contact us. 

alimony laws in florida

Alimony Laws in Florida in 2022

alimony in florida

Alimony laws in Florida have been a target for amendments for several times in the last 10 years-none of them have been successful and only 3 have made it to a governor’s desk.  Yesterday, June 24, 2022, Governor DeSantis vetoed the latest attempt to change alimony laws in Florida.

Some with pending divorce cases, and many thinking about getting a divorce in Florida, should be feeling relieved.

Below are details of what the bill would have changed, the current alimony statute, other factors for alimony, and the two-part test for asking for alimony.

How Alimony Laws Would Have Changed

Under the bill, SB 1796, passed by both Houses of the Florida Legislature, there would have been several important changes.

These changes included:

  • Prohibiting permanent alimony
  • Limiting how long you could receive alimony in marriages of 20-plus years to no more than 75% of the marriage length
  • Limiting rehabilitative alimony to 5 years
  • No durational alimony for marriages of a duration of 3 years or less, unless the receiving spouse was disabled or a full-time caretaker of disabled children of the parties

You can read more at this Summary Page.

Current Alimony Laws in Florida                                                       

Florida’s alimony law is set out in Section 61.07, Florida Statutes.

It’s important to understand two things about alimony in Florida.  The first is that just because you are married, it doesn’t mean you are automatically entitled to alimony.  The second is that alimony is a right of both spouses, not just women.

The reason women are awarded alimony more often than men is not because there is a bias in the laws in favor of women.  It is due to the fact that most women make less money than man.  When we do the calculations for alimony, we are usually using a higher income for men and a lower income for women.  I have had cases in which the wife did have to pay alimony to the husband.

Florida law currently provides for:

  • Temporary alimony during the litigation.  See Section 61.071 of the Statutes.
  • Bridge-the-Gap alimony, limited to 2 years.  Its purpose is to help one party get back on their feet right after the divorce.
  • Rehabilitative alimony, currently with no limitation.  The purpose of this type of alimony is to help a party establish the capacity to support themselves.  For example, finishing college, vocational training and the like.  By its very nature, the duration will be limited..
  • Durational alimony is defined rather confusingly.  The statue defines it as alimony which is not permanent alimony.  It is simply alimony for a certain amount of time (a duration) and could be applicable to a short or long term marriage.
  • Permanent alimony is just what it says.

Alimony and the Length of Marriage

Section 61.07 establishes a tier of sorts for alimony based on how long you have been married.

Marriages that are less than 7 years in length are considered short-term marriages.  A marriage that has lasted more than 7 years but less than 17 years is considered a moderate-term marriage.  And, finally, anything above 17 years is considered long-term.  You start counting from the date you got married to the date the divorce action is filed.

Other Factors in Alimony Laws in Florida

Besides the above, you have to consider certain factors set out in the Statute that will also impact an alimony decision.

Things like the standard of living during the marriage, the contribution by each party to the marriage—and we are not talking about money only here.  A contribution by one spouse to staying home taking care of the children and other being a “housewife” or “househusband” (yes, there are househusbands) is a significant contribution that allows the other party to go out and pursue their careers.

How Do You Get Alimony?

Now that you know the framework, this is the test for alimony-which is a two-step test.

To be able to get alimony, the first step is that you must need it financially. This means that from a financial standpoint, you will not be able to make ends meet unless you get financial help from your soon-to-be- former spouse.

The second step is that the other spouse must be able to afford it financially.

It is impossible to provide anything other than a general and simple example.  Alimony is very fact-specific to individual cases.  If you realize that you will need financial help to meet your expenses, but your spouse barely makes minimum wage and together you are having a hard time meeting your joint expenses, the chances are not good that you will get any alimony.

Conclusion

While this year’s crop of laws did not give us a new alimony law, we will most likely see another attempt at change.  I bet that within the next 2 years we will be facing this issue again.

The trend in alimony for the last 15 years or so is toward limiting it. The current statute (passed in 2010, I think) implemented looking at the length of the marriage, and came up with durational alimony but still left in place permanent alimony.  This latest attempt was going to do away with permanent alimony. 

How We Shape Our Experience When Getting a Divorce

divorce in florida

In searching for information about getting a divorce, the problem you will face is what to make of all the information you’ll find. You will find helpful information, and some that is contradictory. 

It is not helpful, either, to hear more from people describing their divorce as a war, and less from those who have taken a more proactive and positive approach.

The problem is not really about the legal process as such. It is more about your role IN that process if you and your spouse have been discussing getting a divorce.

Getting a Divorce begins With This Simple Fact

The only available grounds for divorce in Florida is that  the marriage is irretrievably broken.  All this means is that the marriage is not working for the person who wants to file for divorce. 

We lawyers will not ask you why you or your spouse want to file for divorce.  A judge in a divorce trial will never ask you why you want a divorce.

The phrase “irretrievably broken” does not assign blame to either spouse in a divorce. Nevertheless, you will find plenty of divorcing couples who choose to litigate as if one or the other of them was at fault when filing for divorce.   

Divorcing couples who choose to litigate keep many a divorce attorney in business, even when we advise on a course that is less litigious.  The alternatives is to work with your spouse on getting it done without litigation, or as little of it as possible given the specific situation.

Alternatives to litigation can help you

Over the years, we have seen the introduction of alternatives to litigation in family law in an effort to reduce litigation, such as mediation and the collaborative process.  These options are available for your divorce even before you file in court, but many people still use litigation as their first option.

The goal is not simply to save money when getting a divorce.  The main goal is to reduce the emotional toll of divorce on the entire family, especially if there are minor children in the marriage.  Long after you have left the courthouse and we lawyers have moved on to other cases, you and your former spouse will have to parent the children, learning to get along and work together.

Where Do You Fit Into the Process?

You, as a party to a divorce, may not realize that you and your spouse are the ones in charge of your divorce from the beginning.  You have the power to get it done in a way that causes the least stress, and does not involve huge sums of money litigating. 

In a Florida divorce, you can agree, litigate, mediate or collaborate.  The process of divorce itself will be as difficult or as easy as you choose to make it.  The choice is yours.

Divorce is often described as an emotionally traumatic event in someone’s life, equal to the death of a loved one. This is true for the spouse who wants a divorce as much as for the other spouse, assuming the other spouse wants to remain married.

Our emotions about the divorce will influence how we get a divorce in terms of choosing litigation or a less difficult and expensive path.  We often don’t think clearly when we are dealing with strong emotions brought about by resistance.  Sometimes, we may not even be aware that this is happening.  It is understandable, then, why we can make our own divorce a difficult one.

But you still have a choice.  Which process you choose will impact you emotionally and  financially  to a lesser or greater extent.

Contact Us to Discuss Your Options for Getting a Divorce

You can also call 305-710-9419 or email me.

mental health awareness resources

Mental Health Resources: Taking Care of Yourself and Your Loved Ones

mental health

Taking care of ourselves and our loved ones includes looking after our mental well-being.  Even though May is Mental Health Awareness Month since 1949, there are many segments of our community where mental health issues are still somewhat of a taboo or not deemed important.  The reality is that we all suffer the consequences of ignoring our mental health issues as well as that of others around us.

How to Help Yourself Deal with Mental Health Issues

We all suffer from days when we have “the blues,” or just feel down or out of sorts.  When we seem to always be feeling this way, it’s probably a good idea to take a closer look at what we are feeling and what may be causing it.

There are many things you can do on your own to foster a healthier mental state. These things range from simply doing  exercise or physical activities, talking to a friend you trust, and even changing your environment temporarily—perhaps going for a walk in the park or the beaches.

When these things don’t seem to work, it may be time for you to bring up the issue of how you’re feeling with your doctor or therapist.  You also have available resources locally and nationally which can be a source for you to seek help.

The important thing when we feel severely depressed or facing any other mental health issues is to know that we are not alone.  This may sound trite or be a cliché nowadays but it is nevertheless true.  It is true because we are social beings.  As such, we look to see ourselves reflected in those around us, we learn from each other and we seek comfort from each other.

Helping Your Loved Ones

In my opinion, nothing beats paying attention to our loved ones, being observant.  If you notice that your child, spouse, parent or any other loved one seems to be stuck dealing with an issue or mental state, please don’t ignore it.  Offer support and look for resources to help them and to help you help them.

Local and National Mental Health Resources

Whatever the mental health issue you or your loved ones may be experiencing, chances are that there is a resource available to help you or to begin looking for help.

The Suicide Prevention Hotline: (800) 273-TALK or (800) SUICIDE is a good one to keep top of mind.

At the local level in Miami-Dade you have:

NAMI Miami-Dade:  This is the Miami-Dade organization part of the National Alliance on Mental Illness.  They provide free mental health support, including crisis and suicide prevention assistance, connection to a trained crisis counselor you can reach 24/7 by text via their Text NAMI 741-741, group and online counseling.  The site also provides you additional resources.

Miami-Dade County Public Schools –  Our children are specially vulnerable because they don’t have the tools or agency to take care of their mental health, but you as parent or caretaker can do a lot.  The Miami-Dade County Public Schools provide resources to help you help your child. Visit their Mental Health Services  where they have webinars available 24/7 for students and parents in English, Spanish and Creole, and other resources.

At the state/national level:

National Institute of Mental Health.  Besides having resources for you to reach out to, they also have information on a variety of mental health related topics.

NAMI.org is the national organization of which NAMI Miami-Dade is a part.

FloridaHealth.gov Mental Health Disorder Resources – If you can’t find what you are looking for when you search your city/county for mental health resources, you can search on this page.

The important thing to remember is that there is help for just about any mental health issue or situation.  Whether it’s you or someone you love/know, any situation can be more manageable by taking action to look for help and support.

divorce with children or paternity case

Litigation in a Divorce with Children or Paternity Case

children and divorce, paternity

Litigation in a divorce with children or paternity case deserves special attention.  I’m not talking about legal strategy; I’m referring to the children involved in these cases.

In litigation, it is easy for the needs of children to get lost in the litigation.  It is important to keep the best interest of the children front and center.  This is not easy to do, given the emotional turmoil that a contested divorce or paternity can evoke in each of the parents.

Prior to the litigation, you and the other parent were part of a team, living under the same roof and making joint decisions for your children.  The only thing that changes in that scenario is that you may not be living under the same roof.  You are still parents and can still be an effective team for the sake of your children.  Of course, this is different if there is child abuse or neglect.

What’s in the best interest of your children?

Not surprisingly, family courts have this question in mind front and center when they have divorces with children or paternity cases to resolve.  It is good for you to keep in mind that the divorce and paternity law and, therefore, family judges, prefer that you and the other parent work together to minimize conflict as it relates to the children and to agree as much as possible when it comes to children’s issues.

It is difficult to provide more than a general roadmap as to what is in the best interest of children.  Your family may have issues relating to a child that other families may not have.  Similarly, no one knows your children and their needs better than you do.  This is why courts prefer that you and the other parent work together for their sake, regardless of what other challenges the divorce or paternity case may have.

What Courts Consider when it comes to Children

No matter how much we family lawyers may counsel clients to work with the other parent as to children’s issue, we sometimes still have to try these issues.

The Courts are guided by factors set out in the applicable statute to help them make decisions as to support of the children, parenting by both parents and timesharing by both parents with the children.

Still, you and your family are better off if you can reach an agreement.  Regardless of whether your case is a divorce with children or a paternity case, you and the other parent should be able to agree on issues that directly affect a child.  Again, no one knows your family –your children—as you do.  These statutes are written to provide you, the parent, with as much discretion as is possible, assuming there are no issues of abuse or neglect.

Steps you can take in a divorce with children or a paternity case

There are a few things you can do for your children while in the middle of litigation:

  • Do not discuss details about the divorce or litigation. 
  • Do not restrict your child’s communication with the other parent
  • Do not use a child as messenger between you and the other parent.
  • Do not speak ill about the other parent to a child; and do not let anyone speak ill of the other parent to the child.

Seek professional help or information if your child is having problems adjusting to the new circumstances. A professional can provide you specific advice according to the child’s age

Take the Online Parenting Course Early

As a parent in a family case with children, you are required to take a parenting class.  The idea behind this class is to stabilize the family as they transition from an intact family into, essentially, two families.  This class provides you information that can be a starting point in helping your children deal with what is happening.

Schedule a Case Assessment Session for your divorce or paternity
estate-planning

Estate Planning – How to Protect Yourself and Your Family

estate planning

Estate planning shares an important characteristic with fire drills and other emergency planning:  the best time to deal with an emergency is when there is no emergency.  This is why schools, institutions and many businesses conduct fire drills. 

Simply put, estate planning involves making arrangements for your property to be disposed of in the event of your passing or disability. It can include a will, sometimes a trust; and advanced directives such as a health care proxy, living will and durable power of attorney.

The number one misconception about estate planning is that only the rich need it; the second one is that it is very expensive to plan your estate.

Regardless of whether you think your estate is large or small, what to do before the actual emergency can save us stress in many ways.  Perhaps the best stress relief is knowing that we have a plan, even when we don’t know what the emergency itself is.  We take care of the unknown by creating our own plan as best we can.

Estate Planning and Your Family

You can take to ensure that you take care of your family by providing a straightforward path for them to inherit your property, sometimes (but not always) without probate.

Similarly, you can take to help your family make decisions about your care when you are ill or disabled. This would include not only guidance as to medical decisions for you, but also taking care of your finances while you are ill or disabled.

For example, for an illness that incapacitates us in some way, we may need help from family to manage our healthcare. In this instance, we can use health care directives and a living will. For financial issues, we can have a durable power of attorney.  Lastly, a testamentary will lets us decide what we want to do with our property once we are no longer here.

None of us likes to think about these things.  And, frankly, with our busy lives, many of us do not think about these things. We usually give them a passing thought when we hear of family members dealing with these issues after a loved one has been ill or passed away.   

When we have these documents in place, we also take care of our family.  We give them direction, a path that allows them to avoid “what ifs” and other unsettling questions. This will be important for them during moments that are emotionally stressful for them too.

If you have none of these documents, or don’t know know which ones you need, but would like more information, but want more information, call me at 305-710-9419.  You can also email me so we can discuss these issues.

thanksgiving-2021

Happy Thanksgiving 2021!

Uncategorized

Unlike last year, this Thanksgiving  2021 gives us an opportunity to celebrate with family and friends a bit freer than we may have done in 2020.  Personally, my family will once again be celebrating the way we used to:  all of us together under one roof, sharing meals, silliness and laughter.  We are grateful for the opportunity to get back together so quickly, relatively speaking.

thanksgiving-2021
Image credit: Photo by krakenimages on Unsplash

Any meal can have a special meaning when shared with our family and friends.  Only the Thanksgiving meal has the possibility of filling us in many subtle ways, besides letting us enjoy delicious, traditional food.

We know that gratitude is the keystone of this one holiday.  This is the second year in which some of us may not feel up to the task of feeling  grateful if we have suffered the great loss brought about by the passing of loved ones.

Still, one way to celebrate those that are no longer with us is to celebrate with those that are, to share our love and time with those that remain.  It is wise to seize any opportunity to share love and time with those around us that mean the most to us in the present.

Besides those near to us, we can show our appreciation and love generally even for those we do not know.  Those who are, as the saying goes, less fortunate than us or are going through a tough time.

This year I thought I’d share three opportunities where you can express your gratitude for others in small and (oftentimes) invisible ways.  Below are the three links to organizations that I believe are worthy of any contribution. 

The first two links are for Dade and Broward organizations that help with food insecurity, a fancy phrase for people who are experiencing hunger for any reason.  For Miami-Dade, Edible Communities compiled  this list.  For Broward, the Sun Sentinel provides one as well.

Regarding children

This Thanksgiving may be extremely difficult for many children.

As Forbes reports, many children have lost their parents to Covid-19. Besides food banks, there is an opportunity to help through the Children’s Bereavement Center, an organization where children and families can get help when they lose a loved one.  I learned about it from a friend.  I think it is a great opportunity to help at a time of loss, particularly when it comes to children, many of whom have no ability to deal with losses as we adults do. From their website: Our goal at the Children’s Bereavement Center (CBC) is to enable children and families to acknowledge change, adjust and integrate loss with healthful grief and mourning.

I hope you have a wonderful Thanksgiving celebration with your loved ones.

the divorce process

How to make the divorce process work for you

divorce in florida

If you’re facing a divorce and are looking for information on the divorce process, your problem will not be lack of information.  On the contrary, you will find a flood of information, some helpful, some contradictory, and lots of shared experiences from those whose divorce have been less than satisfactory.

This entry is not about the legal process as such. It is about your role IN that process if you are getting a divorce.  I hope you find it useful as you approach your divorce.

The divorce process outside of family court

Over the years, divorce has evolved from a fault-based process, where one of the parties had to be “at fault” in causing the divorce, to one where no one is at fault.  The marriage is simply not working.  If you want a divorce in Florida, you simply say that the marriage is irretrievably broken.

Even though the phrase “irretrievably broken” does not assign blame to you or your spouse, there are nevertheless plenty of divorcing couples who choose to litigate.    These couples keep us divorce attorneys in business, even when we advise on a course that is less litigious.  The alternatives is to work on getting it done without much litigation.

Over the years, in an effort to reduce litigation, we have seen mediation and the collaborative process introduced into family law.  You can read about mediation here, and about collaborative law here.

If, initially, you and your spouse cannot work things out directly, then you have mediation and collaboration available.  If you reach an agreement  directly between you and your spouse, or using mediation or collaboration, then your divorce is an uncontested divorce.  Mediation and collaboration can be expensive, but not as expensive as litigation.

Where You Fit Into the Process

You, as a party to a divorce, need to realize that you and your spouse are the ones in charge of your divorce from the start.  Regardless of which process you choose, the process of divorce itself will be as difficult or as easy as you choose to make it.  In a Florida divorce, you can agree, litigate, mediate or collaborate: the choice is still yours.

Divorce is often been described as an emotionally traumatic event in someone’s life, equal to the death of a loved one. In a sense, it is.  Much of our emotions about a divorce are directly related to where we are in terms of acceptance.  We often don’t think clearly when we are dealing with strong emotions brought about by resistance.  It is understandable, then, why we can make our own divorce a difficult one.

But you still have a choice.

What You Can Trust

Whether you choose settlement from the beginning or in the middle of litigation, you have the power to choose.  Or, if you choose mediation or collaboration, you have the power to choose.

This is where a process or framework is helpful, because then you can place your trust in the process itself to help you.  Except for litigation, in settlement negotiations, whether directly or using mediation or collaboration, you have the ultimate power to decide how to make the divorce process work for you.  In litigation, you have very little power; you and your spouse are letting a judge decide for you when you go to trial. .

Your lawyer in any of the three processes is part of your team, keeping you informed as to the process itself and the applicable law; and often providing you a valuable reality check.  But you remain in charge.  The truth is that if either you or your spouse do not want to end it amicable, you won’t, regardless of the different avenues available to you.

Tips for Zoom for Court Appearances in Florida

divorce in florida, miami divorce court

Courts made excellent use of Zoom meetings to conduct virtual court hearings while the buildings were closed due to Covid-19.  I’m sharing tips for Zoom for court appearances which I saw on the website of Florida’s First Judicial Circuit, because many hearings are still being conducted virtually using this technology.

Zoom Tips for Court Appearance

Following these tips will make it easier for other participants to concentrate on what you are saying, and not be distracted by light, clothes, background etc.

  • Dress in a soft solid color (like a black robe for judges). If a tie is worn, use a solid colored tie rather than one with a pattern.
  • When speaking, remember to look directly at the webcam, not at the screen.
  • Position the camera at your eye level or slightly above eye level.
  • Be mindful of what is behind you, choose a solid neutral wall if possible
  • Check the lighting. Light from a window behind you might blind the camera, making you look dark. Light above you in the center of a room might also cast shadows. Ideally, position a lamp, or sit facing a window, where light is directly on your face. Also, be aware that your monitor casts light that can make you look blue.
  • Participants should speak one at a time and pause prior to speaking in case there is any audio/video lag.
  •  Participants should mute themselves when not speaking in order to avoid any potential background noise.

Children & Zoom Virtual Hearings

The above tips from the First Judicial Circuit do not specifically give you pointers on children being present.  Children should not be present at Zoom virtual court hearings.  Particularly in Florida divorce and paternity cases, the presence of a child during a hearing—whether virtual or in person—is not generally allowed.  Judges do not allow children in family proceedings unless the judge has previously approved it for a particularly purpose.

Besides this prohibition, the presence of children during a virtual hearing will be distracting to participants.  You should make arrangements for someone to take care of the children while you attend the hearing.

Testing Your Zoom Connection and Setup

I didn’t even know that you could do this, but yes…you can.  You can test your connection and setup by testing your connection with a ZOOM test meeting at https://zoom.us/test.  It’s easy to do this test since all you need to do, after clicking on the link, is follow the instructions on your screen. You will not be participating in any meeting; it’s simply a testing setup.

For my clients who have never used Zoom, I run a practice session on Zoom.  This lets them become acquainted with using the technology before we actually have to appear at a virtual hearing.

What Device to Use for Your Hearing

I know most people cannot live without their smartphone. The thing is that for virtual court hearings they may not be very good because they are too small.

During your virtual court hearing, you may be shown documents and asked questions about them. Using a smartphone, with a small screen, it may be difficult for you to actually see the document. Even if you can zoom in and out on your screen, you may accidentally touch something else that may cause you to drop the connection to the virtual hearing. Moreover, mobile connections are inherently more unstable than broadband connection. (You don’t want to be that guy asking “Can you hear me now?” or “Can you see me now?”).

I think that laptops are a better choice, or maybe even tablets. I would say desktops as well, but I find that few people have them nowadays.

Parties save money and time using Zoom. If you have to appear at a hearing in a case, you do not have to take off the entire day from work, nor travel to a court building to wait for the case to be called before the judge. If you have an attorney, you save on attorney’s fees because the attorney is not also spending time sitting next to you in court waiting for the case to be called, which you also would pay for.

We remember 9/11
9/11 World Trade Center – Never Forgotten

What is the best timesharing schedule in divorce?

children and divorce, divorce in florida

One of the most frequent questions parents have is about what is the best timesharing schedule in divorce or paternity.  Alternatively, they also want to know what is the timesharing or visitation schedule preferred by family court? 

Sometimes, parents are confused in referring to timesharing as “visitation.”  The term visitation is what was used prior to 2008 when the divorce statutes where amended to do away with designating one parent as the “primary” residential parent, with the other parent having visitation with the children.

When do you need a timesharing schedule?

Timesharing schedules are necessary in divorces with children or in paternity actions.  For the rest of this entry, I refer to timesharing in a divorce, but keep in mind that these provisions would apply to you if yours is a paternity case and not a divorce with children.   A timesharing schedule is essentially mandatory in these cases even if you and the other parent get along fine and there is no disagreement as to how much time—or when—each parent will be spending time with children.

Aside from safeguarding your time with your child in the future, timesharing is part of the child support guidelines.  Timesharing is used to calculate child support, together with both parents’ income.

“Standard” Time-Sharing in Florida

There is no standard timesharing in Florida as such.  All else being equal, the best timesharing you can get is fifty percent of the time with a child.  This assumes that both you and the other parent are equally able to take care of the child when the child is with either of you.  It also assumes that there are no issues of neglect by one parent or the other, and that both parents can schedule around the child’s needs.

The guiding rule is what timesharing will be in the best interest of your children.  If you and the other parent cannot agree on what timesharing schedule will be best for your children, then the statutes provide a set of factors for the court to consider in establishing a timesharing schedule that it will deem in your children’s best interest.

As a result, the best timesharing schedule is the one that works for your family: you, the other parent and, of course, the children.

If you and the other parent are able to agree on a timesharing agreement, the court must approve it.  This is true whether it is a timesharing plan in a divorce or in a paternity case.  Courts and the divorce statutes pertaining to timesharing prefer that you and the other parent enter into an agreement.  Generally, the courts approve the plans, but it is not a guarantee and they always have discretion to reject or modify it.

Please note that it is a myth that the Florida divorce laws give preference to the mother when it comes to timesharing.  This is simply not true. Changes to the timesharing statute now presumes that equal timesharing is in the best interest of the children.

Getting a timesharing schedule together

Depending on whether you and your spouse are able to communicate while contemplating divorce, a good first step is to discuss some preliminary schedules considering your respective work schedules and the children’s schedule.

Once that is in place, it is a lot easier to do a parenting plan as required by law.

If you and your spouse have children and you want to do an uncontested divorce, this service might work for you.  For paternity cases, you can read more on this page or call me at 305-710-9419.