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Understanding the Acronym PEACE in Florida Family Law

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.

Family Matters Law Group

At Family Matters we treat each case uniquely based on your needs, concerns, and budget. Find out more about us.

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