P - Parenting
Parenting, also known as custody or time-sharing, is a cornerstone of family law. We focus on creating a parenting plan that serves the best interests of the child, which includes:
- Time-Sharing Schedule: Detailed plans outlining when the child will spend time with each parent.
- Parental Responsibility: Decisions on whether parents will share decision-making or if one parent will have sole authority.
- Communication and Cooperation: Encouraging effective communication and cooperation between parents to ensure a stable and nurturing environment for the child.
E - Equitable Distribution
Equitable distribution involves the fair division of marital assets and liabilities upon divorce. In Florida, this means:
- Marital vs. Non-Marital Assets: Differentiating between assets acquired during the marriage and those owned individually before the marriage.
- Fairness and Equity: Dividing assets fairly, though not necessarily equally, considering each party's financial situation and contributions.
- Debt Allocation: Equitably distributing marital debts alongside assets.
Our goal is to achieve a fair financial settlement that allows both parties to move forward independently.
A - Alimony
Alimony provides financial assistance to the lower-earning spouse post-divorce. Types of alimony in Florida include:
- Temporary Alimony: Support during the divorce proceedings.
- Bridge-the-Gap Alimony: Short-term support to assist with the transition to single life.
- Rehabilitative Alimony: Support for education or training to help the recipient become self-sufficient.
- Durational Alimony: Time-limited support for a specific period.
The court considers various factors such as the length of the marriage, financial resources, and each party's earning capacity to determine the appropriate type and amount of alimony.
C - Child Support
Child support ensures a child's needs are met following a divorce. The amount is calculated based on:
- Parents' Income: Combined monthly net income of both parents.
- Child's Needs: Standard needs including housing, food, clothing, education, and healthcare.
- Time-Sharing Arrangements: Time each parent spends with the child can influence the support amount.
- Additional Expenses: Extraordinary expenses such as medical care, special needs, or extracurricular activities.
Child support aims to maintain a child's standard of living similar to what they enjoyed during the marriage.
E - Everything Else
“Everything Else” covers additional issues that may arise in family law cases, including:
- Domestic Violence: Addressing allegations and ensuring the safety of all parties.
- Relocation: Resolving disputes when a parent wishes to relocate with the child.
- Enforcement and Modification: Addressing the enforcement or modification of existing court orders as circumstances change.
- Name Changes: Option to change your name back to your maiden name in a divorce.
Why It's Important to Follow the PEACE Order in Divorce Issues
Following the PEACE order—Parenting, Equitable Distribution, Alimony, Child Support, and Everything Else—is crucial for several reasons:
1. Parenting Issues First
· Timesharing Schedule Impact: Timesharing schedules can impact asset division.
· Priority on Children: Starting with parenting ensures children's needs and well-being are prioritized, establishing a stable and nurturing environment. The timesharing schedule is also needed to calculate child support.
2. Equitable Distribution Second
· Financial Clarity: Early division of assets and debts provides a clear financial picture, crucial for making informed decisions about alimony and child support.
· Foundation for Support Decisions: Understanding each party's financial situation helps determine appropriate alimony needs and ability to pay.
3. Alimony Third
· Ability and Needs-Based Support: Once assets and debts are divided, the need for and ability to pay spousal support can be accurately assessed.
· Clear Financial Obligations: Establishing alimony first is necessary as alimony counts as income for child support purposes.
4. Child Support Fourth
· Stable Financial Support: Determining child support after alimony ensures the child's needs are met without compromising the financial stability of either parent.
· Clear Financial Obligations: Establishing alimony first is necessary as alimony counts as income for child support purposes.
5. Addressing Additional Issues (Everything Else)
· Comprehensive Resolution: Finally, handling "Everything Else" allows the court to address any remaining issues, ensuring a comprehensive resolution.
Conclusion
Following the PEACE order in divorce proceedings ensures a structured and logical approach to resolving complex issues. It prioritizes the well-being of children, provides financial clarity, and ensures fairness and stability for all parties involved. This methodical approach helps reduce conflicts and facilitates a smoother transition for everyone affected by the divorce.