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Navigating Divorce: Understanding Family Law Elements

Posted by LEISA WINTZ | Apr 05, 2024 | 0 Comments

Insights from Family Matters on Sunday

Episode #6, PEACE

The FMLG Podcast team brings engaging and beneficial content to thousands of listeners, delving into various aspects of family law. The April 2, 2024 episode provides invaluable insights into peace and family law, focusing on the elements involved in divorce proceedings. Leisa and Nazarena, two experienced family law attorneys, engage in a lively and informative discussion, shedding light on essential aspects that individuals navigating divorce should understand.

Parenting Issues: Time Sharing and Parental Responsibility
Leisa and Nazarena highlight the significance of addressing parenting issues during the divorce process. The two primary components, time sharing and parental responsibility, are crucial for laying the groundwork for post-divorce co-parenting relationships. In Florida, the term custody has been replaced by time sharing, which encompasses the amount of time each parent spends with the child, usually expressed using percentages. Parental responsibility relates to decision-making authority regarding important aspects of the child's life, such as education, medical care, and extracurricular activities. Understanding these components and creating a comprehensive parenting plan is crucial for establishing a supportive and stable environment for the children post-divorce.

Equitable Distribution: Division of Assets and Debts
Equitable distribution comes into focus when determining the division of marital assets and debts. The podcast emphasizes the importance of distinguishing between marital and non-marital assets and accurately understanding their value. While equitable distribution doesn't always entail a 50-50 split of each asset, it involves ensuring that the overall distributions of assets and debts are fair and balanced. Through financial affidavits and detailed discovery statements, the process aims to achieve a fair division that considers the unique circumstances of each case.

Alimony: Considerations of Need and Ability to Pay
The discussion shifts to alimony, emphasizing the need and ability to pay. The podcast underscores the significance of the 2023 statute revolutionizing alimony in Florida. While the statute provides a structured plan, it's essential to conduct a needs-based assessment to determine the appropriate amount of alimony. The focus on evaluating need and ability to pay ensures that the alimony amount is aligned with the specific circumstances of each case. The podcast stresses the importance of this qualitative assessment alongside the statutory guidelines.

Child Support: Understanding Income Adjustments
Moving to child support, the podcast touches upon the intricacies of the formula-driven process. It emphasizes that after alimony calculations, adjustments to income must be made, taking into account any alimony received or paid. Proper consideration of these financial adjustments is pivotal in ensuring an accurate determination of child support obligations. The discussions shed light on the complexities involved in balancing the impact of alimony on child support awards and the need for careful considerations during mediation and negotiations.

Additional Considerations: Addressing Various Elements
The dialogue extends to other essential considerations, such as name changes, travel restrictions, passport arrangements, taxes, and attorney fees. These elements and others form the remaining aspects of a divorce settlement. The podcast highlights the importance of addressing these nuanced aspects to ensure a comprehensive, well-rounded resolution to the divorce proceedings.

The FMLG Podcast's insightful episode on peace and family law provides a comprehensive overview of essential elements in divorce proceedings. From parenting issues to equitable distribution, alimony, and child support, the discussion highlights the intricacies involved in each step of the process. By addressing each element in a structured order, individuals navigating divorce can better understand the complexities and make informed decisions, ensuring a fair and equitable resolution to their divorce. This episode serves as a valuable resource for individuals embarking on the divorce journey, offering clarity and understanding within the realm of family law.

About the Author


Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...


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