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Statistics: How many marriages end up in divorce?
In 2000, there were over 957,200 finalized divorces in the United States. The U.S. Census Bureau indicated that 50 percent of all marriages entered into today will end in divorce. But, some say that other factors may affect the 50% probability of divorce prediction. Barbara Whitehead and David Popenoe's "The State of Our Unions" (2004), prepared at Rutgers University for the National Marriage Project, indicate that there are several important social factors that affect that 50 percent estimate. This study predicts that your risk of divorce decreases by:
- 30 percent if your annual income is more than $50,000
- 24 percent if you had a baby more than seven months after you got married
- 24 percent if you were over 25 when you got married
- 14 percent if your own parents never divorced
- 14 percent if you go to church as a family
- 13 percent if you attended some college
What does No Fault Divorce Mean?
It means a great deal. It means that in order to get a divorce in Florida, you do not have to prove that your spouse is guilty of some kind of wrong. You don't have to prove that your spouse was unfaithful to you, injured you or your children in some way or was at fault in any other way before you can ask for a divorce. Thus, Florida is a "no fault" state.
 No Fault Divorce in Florida
What can I do to get ready for a divorce?
Gather documents about what you owe and what you own. Get copies of your bank statements and canceled checks, credit card statements, tax returns, applications for loans and other important papers. Prepare a financial statement which lists both you and your spouse's income, and all of your assets and liabilities. The more accurate financial information you are able to give your attorney, the more likely you are to keep the cost of the divorce down and the more rapidly the divorce can be brought to a conclusion.
How will bills be paid?
During the marriage, the income of both spouses is frequently used to support the one family home and lifestyle. When divorce looms, the spouses frequently separate and two households must be maintained on the same income. Concern arises as to how to ensure that the needs of the children and both of their parents are fairly met.
Child Support
The court may order either or both parents to pay an amount necessary for the support of the minor children of the marriage. The amount of child support will be agreed upon by the parents or determined by the court if they cannot agree. Florida has established child support guidelines that must be utilized in calculating an amount of child support. The guidelines are determined by the income of the parents and your attorney will help you calculate how much will be paid in child support based upon these Guidelines. Other elements of child support include (1) the non-insurance covered medical, dental, etc. expenses of the children; (2) the cost of a life insurance policy to secure child support obligations; (3) day care expenses, where appropriate; and (4) under certain circumstances, the cost of private school.
In Florida, child support normally terminates at the age of eighteen. Child support can continue, however, under some circumstances, until the child graduates from high school or turns nineteen, which ever occurs first. If the child is physically or mentally dependent, child support can be required during the period of dependency. Child support does not include a college education. However, the parties may agree to provide benefits after age eighteen. The court cannot order automatic cost of living increases in child support unless the parties agree to it.
Alimony
During the divorce, the higher income earning spouse may also be required to contribute to the temporary support of the other spouse. Your attorney will discuss with you your rights and risks about the alimony issue.
How will the property be divided?
"Marital property" will be equitably divided between the parties when your marriage is dissolved. It is presumed that "marital property" will be equally divided between the spouses.
What is "marital property?"
Marital property is anything that the spouses acquired during their marriage usually up to the date of the filing of the divorce papers. This includes but is not limited to houses or other structures, raw land, businesses, air planes, boats, cars, money, investments, the contents of the home, jewelry, collections, retirement accounts, stocks, bonds, notes, etc.
Does it matter whose name is on the title?
No! Generally, all that matters is that the asset was acquired by a spouse during the marriage.
What is non-marital property?
Non-marital property generally falls into three categories: It includes anything that you or your spouse: (1) owned prior to the marriage; (2) received "at any time" as an individual gift from a third party or by inheritance; and (3) earned or received after the divorce papers are filed.
What kind of an attorney do I need?
There are attorneys who are generalists and others who practice nothing but family law. There are attorneys who are settlers and others who are bombers. Settlers are attorneys who try to resolve the differences between the spouses through mediation or other settlement efforts .A Bomber, in contrast, merely seek to aggravate opposing counsel without just cause. Then there are litigators or desk bound attorneys. Litigators are those who can artfully and capably represent the client's interests in Court. Desk bound attorneys are lawyers who would rather give up the kitchen sink than go to court even when it is in the client's best interest that he or she do so.
Then there are lawyers who truly care about their clients and those who do not.
Look for an attorney who is capable, who seeks to settle cases where possible and who does not fear taking a client into a courtroom if and only if the circumstances require it. Above all, try to find an attorney who cares.
What can my attorney guarantee me?
Only one thing! Advocacy!
Your attorney must always be on your side. We are required to protect your legal interests. While your attorney must be the "captain of the legal ship" by advising you of all legal and ethical choices available to you as you proceed through the divorce, "YOU" must remain the captain of the "decisional ship." This is your life not the life of your attorney. Your attorney must ensure that you remain in control of your own destiny by carrying out your ethical and legal instructions.
Also, your attorney must rely upon you to be truthful and candid in the information you provide. Everything you tell us is kept in the strictest of confidence. Only you can authorize the release of such information to a third person, except in rare circumstances such as an intent to commit a future crime.
What is the role of a forensic CPA in divorce cases?
A forensic CPA is one of the team members your divorce attorney may need to value a business, calculate the standard of living so that the amount of alimony and the tax consequences of various alimony distributions and awards of property can be determined.
The Forensic CPA: A Divorce Team Member
What about Prenuptial and Postnuptial Agreements?
The following link is to Ms. Real's published article in the "Business Journal of Tampa Bay"
Prenuptial Agreements: How Unromantic But Essential
The following link is to Ms. Real's television appearance on Channel 10's "Tampa Bay's 10 News"
Should you have a prenuptial agreement?
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