Though spending the holidays on the brink of divorce is not fun for anyone, there are some things you can do to ease the tension and to make it easier once you do file, including the following:

Make an agreement — If your spouse is aware that you want a divorce and you have both agreed to wait until after the holidays, lay certain ground rules for making the most of the holidays with your kids and families, such as avoiding insults and fighting.

Schedule solo parenting time — Though many holiday traditions involve the entire family together, the next year after the divorce, there will be the need for new traditions with each parent on his or her own with the kids. Trying out a tradition solo with your children will not only work to pave the way for the next year but can also allow you and your spouse some needed time separate from one another.

Spend time preparing for the divorce — Divorce is complicated and, once you file, you can face many different tasks and requirements. If you know you are going to file, you can begin slowly gathering financial records, figuring out your family’s debts and expenses, looking for alternative housing arrangements, if needed, and more. If you are unsure of where to begin, seek out guidance from a divorce attorney. Even if you are not ready to file for a couple of months, a lawyer can advise you of potential issues that may arise, including child custody or property division, and steps you can take while you are waiting out the holidays. This can make the actual process easier once you do file for divorce.

Call an Experienced Boca Raton Divorce Attorney Today

If you are thinking of pursuing a divorce around the holidays, you likely have a lot on your mind and are trying to preserve the joy of the season with your family. However, there is no harm in scheduling a free consultation with a highly experienced divorce lawyer to discuss your options and allow you to plan ahead. In many situations, having an initial meeting with an attorney can ease many of your concerns and fears as it can shed light on the divorce process and let you know that someone will be skillfully representing your rights and interests. Please call the law office of Alan R. Burton in Boca Raton today at 954-229-1660 for help.

Many individuals may not know where to begin in selecting a divorce attorney and how to make sure they make a quality choice. While you may be tempted to simply do a quick internet search and choose the first name, this may or may not be the right decision for you. Divorce is a sensitive legal matter that can have significant and long-lasting effects on your life, so you should always choose an attorney as carefully as you would choose a surgeon or other life-changing professional. The following are some things you may want to consider when you are deciding you will represent you throughout your divorce.

Do Your Friends Have Recommendations?

Asking friends or family members who have been divorced for attorney recommendations may be helpful. However, you should only seek advice from individuals whose divorce situation was similar to yours. For example, if a friend had no kids and no property, his or her legal needs are likely very different from a person who owns a home, has assets and investments, and/or has children. Every divorce is different, so take that into consideration when listening to recommendations.

Do You Get Along With the Lawyer?

In your first consultation, make note of the family law attorney’s likability, temperament, and whether you think they can relate to you. Divorce can be a long and emotional process and you want to be able to get along with and feel supported by the individual who is representing you.

Do They Listen to Your Goals?

Some individuals want to get a divorce finalized as quickly and efficiently as possible, while others are determined to obtain certain property or spousal support even if it takes more resources to do so. Find out whether the attorney has experience in handling divorces with your particular goals. Additionally, if you do not wish to battle it out in court, ask whether the lawyer regularly engages in alternative dispute resolution methods, including mediation or collaborative divorce.

Contact a Boca Raton Family Law Attorney to Discuss Your Case Today

At the family law office of Alan R. Burton in Boca Raton, we understand that choosing the right divorce attorney for you can be a daunting process. We will always be open and honest with you in answering your questions and helping you decide whether we are the best fit for you in your divorce. We have extensive experience handling a wide range of divorce and family law matters, including child custody, child support, spousal support, division or property, and more. Please call today at (954) 229-1660 to find out more about how we can help you.

Determining how to share time and legal custody of children is not a simple matter and many parents may consistently argue over specifics of the arrangement. To avoid this, parents who have joint physical and/or legal custody over children must have a parenting plan approved by the courts. It is always preferable for parents to agree to the specifics of a parenting plan and then have the court approve it, as they know their child’s schedule and specific needs firsthand. Unfortunately, in some cases, parents cannot agree on all of the specifics of a parenting plan and the court must intervene and decide for them. No matter who decides the specifics, however, a parenting plan must include certain provisions.

Necessary Provisions in a Parenting Plan

The following are some terms that must be decided upon and put into writing:

• The schedule regarding when a child will physically reside with each parent;
• A specific description about how you will share in raising your child on a daily basis and who will be responsible for specific tasks;
• How the parents will communicate with each other and with the child when they are not physically together, such as text message or calling on the phone;
• Who will make decisions regarding the child’s health care;
• Whose address will be used to determine which school the child will attend and for registration at the school;
• Who will be responsible for extracurricular activities and sports.

In addition to necessary provisions, parents can include other information to make future decisions easier and to avoid conflict. For example, they can decide in advance who will get to take the child on vacation during which time of the year. They can also set out instructions on how they will settle conflicts regarding parenting should they arise. Often, this can keep parents out of court in the future and avoid the cost and stress on themselves and their child of having a court resolve parenting and time-sharing issues.

Contact an Experienced Boca Raton Family Law Attorney for a Consultation

If you are facing a time-sharing and visitation case, you should always have the guidance and representation of an experienced Boca Raton family lawyer. Attorney Alan R. Burton can assist you in coming to a favorable arrangement with only minimal involvement of the courts. Please call our office today at (954) 229-1660 for assistance.

Having unrealistic expectations — If you march into a courtroom demanding an exorbitant and unjustified amount of spousal support or sole custody of your children when shared custody is appropriate, your case may be affected in many ways. First, if you refuse to agree to reasonable terms, your case may be delayed and many issues may be placed into the hands of the family law judge, who may not find in your favor. An attorney can help provide a realistic view of the potential terms of your divorce decree.

Assuming your spouse will cooperate — Many people optimistically expect their spouse to be cooperative and fair when discussing and agreeing upon the many terms of their divorce. Unfortunately, the divorce process can incite a lot of negative emotions and many spouses become difficult and resentful before the divorce is finalized. You should never fail to have an attorney simply because you expect fairness from your spouse. Having the representation of an experienced divorce lawyer will ensure that you have the needed legal support if your spouse becomes unreasonable.

Accepting a settlement agreement without the advice of an attorney — The legal system can be intimidating and, too often, lead you to agree to divorce terms that are actually unfair. Your spouse’s attorney may try to deflect from unfavorable terms or insinuate that you will not be able to obtain a better offer in order to convince you to sign an agreement. Do not allow yourself to be bullied by your spouse into signing anything without the advice of a qualified divorce attorney who has reviewed your case.

Making false claims against your spouse — If you want to receive a more favorable child custody arrangement or spousal support order, you may be tempted to exaggerate the faults of your spouse to the court or even to fabricate details. This is never wise, however, as such allegations must be adequately proven for a court to consider them. If you do not have evidence to support your claims against your spouse, a court will view your allegations unfavorably and may take action against you.

Call a Boca Raton Divorce Attorney for a Free Consultation

There are many legal mistakes individuals can make throughout the divorce process that can have potentially long-lasting consequences. At times, these mistakes can be irreversible and can affect your finances and relationship with your family. To avoid such errors, you should always have the guidance of a highly experienced family law attorney throughout your divorce case. If you are considering or facing divorce, please do not hesitate to call the office of Boca Raton divorce lawyer Alan R. Burton for assistance today.

Marriage

In order for a marriage to be valid, both individuals must be of sound mind, must understand the nature and effects of getting married, and must be mentally capable of agreeing to the marriage. Simply because one person has a mental condition does not automatically render them incapacitated for marriage purposes, but if a court decides one spouse did not have the capacity to agree to a marriage, that marriage will be deemed invalid.

Prenuptial Agreements

If you sign a premarital agreement, you must have the mental capacity to understand the provisions of the agreement and the effects of the agreement should you get divorced in the future. If you did not have the ability to understand what you were signing at the time you signed, the agreement may be declared invalid.

Divorce

Mental incapacity is important in Florida divorce in more than one way. First, a Florida statute permits a spouse to get a divorce if they have been djudged to be mentally incapacitated for at least three years prior to the divorce filing. In such cases, the individual’s guardian or representative family member will be notified and will be able to appear in court on his or her behalf.

Additionally, Florida family courts will not grant a divorce that was filed by a mentally incapacitated person who does not understand the effect of a divorce. For example, a Palm Beach County judge recently ruled that an 87-year-old man with dementia could not be granted a divorce. His wife argued that his children are manipulating him for financial purposes to pursue divorce and that he would not actually want a divorce if he understood what was happening. The court agreed and dismissed the divorce case.

Child Custody

If one parent is mentally incapacitated, they will likely be unable to properly care for a child. Therefore, in such cases, the court may determine that it is in the best interests of the child to award full custody to the other parent or only provide for limited supervised visits with the incapacitated parent.

A Qualified Boca Raton Family Law Attorney Can Help

Having the requisite mental capacity is only one of many potential issues in marriage, divorce, and other family law matters. Each case will have unique legal questions and you always want to make sure you have an attorney handling your case who understands how to identify and address any potential issues. If you have any type of family law matter, you should not delay in discussing your situation with Boca divorce lawyer Alan R. Burton today. Call (954) 229-1660 for a free consultation.

Custody evaluations involve the appointment of a Guardian ad Litem (GAL) to protect the rights and best interests of the child. A forensic psychologist may also be appointed to help evaluate the situation. These professionals are expected to remain impartial regarding the two parents and focus solely on what type of custody arrangement may be best for the child.

An evaluation may include the following depending on the particular situation:

• Interviews with the child
• Interviews with each parent
• Observing the way the child interacts with each parent
• Interviewing doctors, teachers, or others who may help shed light on the parent-child relationships
• Psychological testing
• Alcohol and drug evaluations

When the evaluators feel they have gathered enough information to issue a recommendation, they turn a report in to the court.

Custody evaluators can take many different factors into consideration when making their recommendations, including each parent’s background, approach to parenting, opinions of the other parent, position, mental health status, as well as any incidences or accusations of domestic abuse or alienation of affection. They can also recommend that one or both parents attend parenting courses or therapy sessions as part of the arrangement.

Consult With an Attorney Before Your Evaluation

It is only natural that you will be nervous and stressed going into any evaluation interviews. However, there are certain things you should remember in order to receive the most favorable custody determination possible. An experienced family law attorney who understands how the Florida family courts handle custody evaluations can help prepare you for your interviews or meetings. A lawyer can advise you of common questions so that you are not surprised in the interview and inadvertently make a comment that can hurt your case.

Contact a Boca Raton Family Law Attorney for Assistance as Soon as Possible

Custody determinations are extremely important as they often directly affect your ability to develop and maintain a lasting relationship with your child. For this reason, you never want to go into a custody evaluation unprepared. Experienced family lawyer Alan R. Burton has helped numerous parents obtain positive custody arrangements that work for them and their children. Mr. Burton can also handle all other aspects of your divorce or family law case. If you are facing a divorce or custody case, you should not delay in calling our Boca Raton office at (954) 229-1660 for help today.