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Nuptial Agreements

What Do I Need to Know Before Divorce

Doreen Yaffa
Doreen YaffaNovember 16, 2020
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What Do I Need to Know Before Divorce
What Do I Need to Know Before Divorce? When you walk down that aisle, the last thing you are thinking about is someday filing for divorce. However, divorce statistics tell a different story, and many couples don’t make it to happily ever after. If you think your marriage may be headed towards a divorce, read on to educate yourself on what to expect. The more you know now, the better off you’ll be when the time comes. There is no “Winner” in a Divorce Divorce is about equity and compromises, so if you go into it, thinking you will walk away from the winner, you will not. No one wins in a divorce. There will be difficult discussions, and you will have to sacrifice some of what you want to make it work. Child custody is an area that can get very contentious during a divorce. If you go into it with a positive attitude with a goal to make it okay for everyone, yourself, and your kids included, things will go better for all of you. Slow Down and Think it Through Before Making Any Decisions As tempting as it may be to hurry up and get through the divorce, take your time and think through all major decisions. You may have to decide on many big changes like whether to sell your home or not and how the children will spend time with each of you. These are important things you don’t want to regret rushing. There are Alternatives to a Standard Divorce Visiting a courtroom is not the only way to handle a divorce. There are a couple of other gentler alternatives, such as mediation, where the two spouses work with a third party to iron out the dissolution details. Another very popular option is a collaborative divorce where both parties are committed to working together to amicably and fairly distribute assets and work out further details pertaining to the children. Both offer healthier, less stressful options for the entire family. The Kids May Not Express How They Are Feeling Your kids may not be open and honest about their feelings, but they may have some difficult times to deal with. Instead of talking openly about how they feel, they may act out or get into trouble at school. Let these be warning signs that your kids are not adjusting as well as they say they are. Communicate to them how you feel so they will be more apt to open up to you. Keep your children as a top priority throughout the process, and it will help guide you to make good decisions. Once You Sign on the Dotted Line, It’s Not Over If you have children, you will have ongoing contact with your ex-spouse as you co-parent your kids. It’s best to understand and accept this. Although you may be hurt and grieving, find a way to work with your ex-partner successfully so that you and your children can thrive even through a divorce. About the Author
Doreen Yaffa, Board Certified Divorce Attorney Founder and Managing Partner of Yaffa Family Law Group. She is one of a handful of divorce attorneys in South Florida who is board certified in Marital and Family Law. Doreen Yaffa earned her board certification in 2001 and has remained a member of The Florida Bar in excellent standing throughout her career.
 

Frequently Asked Questions

Are prenuptial agreements enforceable in Florida?

Yes, prenuptial agreements are enforceable in Florida if they are written, signed voluntarily by both parties, and include a full and fair disclosure of assets and liabilities. Courts may invalidate agreements that are unconscionable or signed under duress.

Can a prenuptial agreement protect my business?

Yes. A well-drafted prenuptial agreement can specify that a business or its future growth remains separate property in the event of a divorce, protecting your ownership stake and business interests.

What can a postnuptial agreement cover?

A postnuptial agreement can address property division, spousal support, and debt allocation. However, it cannot include provisions relating to child custody or child support — those are determined by the court at the time of divorce based on the child's best interests.

When should I consider a prenuptial agreement?

You should consider a prenuptial agreement if you have significant assets, own a business, have children from a prior relationship, anticipate an inheritance, or simply want clarity about financial expectations in your marriage.

If you're facing a family law matter in South Florida, the experienced attorneys at Yaffa Family Law Group's Nuptial Agreements practice are here to help. Our team understands Florida family law and can guide you through every step. View all our practice areas or contact us today for a confidential consultation.

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Doreen Yaffa

Doreen Yaffa

Founder & Managing Partner

Family law attorneys at Yaffa Family Law Group, specializing in divorce, custody, and complex family matters in South Florida.

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