Children & Divorce: 6 Crucial Steps

Divorce can be extremely painful even without children involved. If you’ve got kids, looking after your own well-being, and theirs, can be overwhelming. Here are a few things to keep in mind for helping your kids cope with their parent’s divorce.

During a separation, it is common to feel angry at ordinary daily acts, or to become defensive at little things that don’t normally bother you. In times when communication between spouses breaks down, it is not uncommon to use your children as messengers in order to relay or seek information rather than ask directly. This often has the unintended (or intended) effect of of forcing the kids to choose a side.

It is extremely important to avoid this pattern at all costs. Your children are likely as confused or upset as you are amidst the household crisis and should not be inserted to bickering.

Don’t feel guilty about these inclinations–they’re completely natural–but don’t act on them, either. Your child is already upset, confused, and worried about the future. In some (heartbreaking) cases, they are worried that they somehow caused their parents to split.  Try to be empathetic instead of spiteful. You don’t have to pretend everything is okay, but limit what you say about the divorce to honest, age-appropriate information that your kids need to know.  Children instinctively know that they are half mom and half dad–when you put down the other parent, you are indirectly putting your child down as well.

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To achieve a favorable division of assets, your legal counsel must craft a detailed and legitimate case built around a picture of your sustained well-being. This strategy requires that the attorney team not only protect your personal interests but remain aware of the larger picture. Brodie & Friedman, P.A. understand that the division of marital assets ultimately lies at the discretion of the court and is based on the evidence presented. That is why we have a proven legal strategy to ensure you get what you deserve in any contested divorce scenario.

Equitable Distribution of High Assets Property in Florida

As stated in the Florida Supreme Court case Robertson v. Robertson, 593 So. 2d 491, 493 (Fla. 1991), “Equitable distribution is premised on the theory of an equal partnership in marriage.”

As a result of this ruling, Florida courts are asked to begin with the premise that the distribution of “Marital Property,” whether it is high value or not, be equal. However, this statute does indicate several considerations that may warrant an unequal division of property for one party over the other: 

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

(b) The economic circumstances of the parties.

(c) The duration of the marriage.

(d) Any interruption of personal careers or educational opportunities of either party.

(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.

(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within two years prior to the filing of the petition.

(j) Any other factors necessary to do equity and justice between the parties.

For a clear and succinct assessment of whether or not you qualify for any of the above arrangements, it is highly recommended that you obtain qualified legal counsel to discuss the details of your forthcoming divorce case.

With over 30 years of combined experience, Jason Brodie Esq. and Joshua Friedman Esq. will guide you toward realistic goals and provide committed advocacy toward achieving them. They are known throughout South Florida for dedicated client service, tenacity, and success in complex divorce litigation involving property division, child custody, and spousal support. 

To get a better understanding of the qualities our reputation is built on, contact our office in Boca Raton to schedule your initial phone consultation (561) 392-5100