Pre-Divorce Counseling

Pre-divorce counseling and planning with an experienced attorney can help reduce the stress associated with terminating a marriage and dealing with issues such as property distribution, child or spousal support and parenting time sharing and responsibility. By seeking guidance before initiating divorce proceedings, individuals can better understand their rights and obligations, set realistic expectations and develop a strategy to protect their interests and those of their children. 

Ms. Chadwell offers an initial client consultation (up to 60 minutes) free of charge. Prospective clients are encouraged to provide information in advance of this meeting, including income and expense information, a list of assets and liabilities and any orders or agreements pertaining to the issues at hand. 

As part of this consultation, Ms. Chadwell will provide the client with a practical and real-life assessment of the financial impacts at issue in addition to advice about the applicable law and its legal processes. It’s an investment of time without any financial commitment that benefits both the client and the attorney. Where significant assets are at issue, long-term and more extensive planning may be needed.  These services are available on an hourly basis after the posting of a refundable retainer. 

Divorce

Almost half of all marriages will end in divorce. Sad, but true. And divorce has been likened by psychological experts to a death in the family. Being mentally and financially prepared when this becomes an eventuality in your life is important. Having the right legal professional guiding you through this process is part of that preparation. Ms. Chadwell is an experienced attorney who can navigate the legal complexities of your divorce, ensuring that your rights are protected, while striving to avoid the extensive consumption of time and stress of litigation. 

In contested divorces, the fair division of marital property, called equitable distribution in Florida, is a common source of conflict. Generally, assets and liabilities acquired during the marriage are marital (often called the “Marital Estate”) and therefore subject to equal (50/50) distribution. 

However, Florida law recognizes that a spouse may have separate (non-marital) property not subject to distribution or may have made a special contribution to the appreciation of a non-marital asset so as to entitle that spouse to a share in the non-marital property. Deciding what assets are marital and how marital and non-marital assets should be divided requires a legal professional. These issues are particularly common in the case of second marriages.

In addition, asset valuation becomes critical in any equitable property distribution, especially when dealing with complex financial portfolios or business interests. An accurate valuation ensures that all parties receive their equitable share, reflecting their contributions to the marriage. 

An experienced attorney understands that addressing parental responsibility and time-sharing arrangements early is crucial to safeguarding the well-being of your children. By establishing clear and fair parenting plans, you can reduce the emotional strain on the family and provide a stable, supportive environment for your children.

Uncontested Divorce

Often couples agree to a dissolution of their marriage, distribution of their assets and issues regarding the parenting and support of their children.  In this event, the dissolution action is considered “uncontested.”   Although the couple may agree on how their property should be distributed and their children parented, they will need some assistance in memorializing this agreement into a Marital Settlement Agreement and Parenting Plan (if children are involved) and filing the necessary legal paperwork to obtain the dissolution. The Law Office of Ellen T. Chadwell not only provides representation for uncontested divorces at a fixed fee but also offers limited representation for those clients who wish to prepare and file the legal papers on their own.    

In some instances, a couple may agree on the sharing of parenting time and the need for a divorce, but are unable to agree on the distribution of their assets due to questions of valuation or what constitutes marital property.  The couple may wish to consider pre-suit mediation in order to resolve those questions and reach an amicable settlement of all issues arising out of the marriage.  Ms. Chadwell can assist a spouse in preparing an equitable distribution of the assets and liabilities and other important terms of the Marital Settlement Agreement, such as spousal support, debt responsibility and indemnification and homestead and estate waivers, prior to the client’s participation in mediation.

Modification of Child/Spousal Support and Custodial Issues

Modification proceedings are another critical aspect of family law, addressing the changing needs of a family’s post-divorce. Issues such as child support, parental responsibility and time-sharing often require adjustments to reflect new circumstances. 

Florida law requires that at least one spouse has experienced a “substantial change in circumstances” before modifying a final order. This substantial change may be the result of a loss of employment by the payor spouse or a significant increase in income, the relocation of a parent or even the abuse or neglect of a child by one of the parents. 

In addition to meeting the substantial change requirement, when modifying issues related to children, the requested modification must be in the child or children’s best interest. If the parties cannot agree on the modification, the requesting party must file a petition and an evidentiary hearing will be held where a judge or magistrate will decide the request.

The Law Office of Ellen T. Chadwell can guide you in understanding these legal standards, and how they might apply to your circumstances and assist you in petitioning for a modification of support and child custody issues.    

Enforcement

When a marriage is dissolved in Florida, the Court enters a final judgment. This Final Judgment either determines all issues regarding the division of the couple’s property, child custody and support issues, alimony, legal fees and all other issues arising out of the divorce or adopts and incorporates a Marital Settlement Agreement entered into by the parties that settles all issues.  Either way, the parties are required to abide by the terms of this Final Judgment…

When a former spouse fails to abide by one or more of the conditions of the Final Judgment, this order may be “enforced,” by bringing the matter to the court’s attention. 

Enforcement requires a hearing before a judicial officer who may impose a fine or jail time as a means of persuading the recalcitrant or negligent former spouse to comply. Some violations of a final judgment may be enforced with a specific and subsequent order by the court. 

In addition, violations of property distribution awards in a final order may also result in the court awarding interest and legal fees in favor of the enforcing party.

Separation Agreements

Although Florida law does not recognize legal separation, it does enforce separation agreements.  This agreement is similar to a Post-Marital Agreement in that it dictates how the marital property is distributed and who receives alimony in the event of divorce, but it also provides for present day support during a time when the parties are living separately. 

A Separation Agreement can stop the accrual of the marital estate, fixing the assets subject to equitable distribution at the time the agreement is signed. For parties who are not ready to terminate their marriage but are no longer living together, this agreement can remove any incentive for one or the other party to file divorce proceedings, giving the couple the ability to stay married without suffering the consequences of increasing the marital pie or a party’s ability to pay alimony.

Such agreements can be vital in providing financial support and stability during a period of marital uncertainty, ensuring that both parties’ needs are met without proceeding directly to divorce. Where children are involved, the support and maintenance of a spouse and minor child or children can be provided for in a Maintenance Agreement or Order.  

Pre-Marital & Post-Marital Agreements

U.S. statistics show that 40% of all first marriages will end in divorce. This percentage increases to 60% in second marriages and 73% in third marriages. If you are thinking about getting married but concerned about losing your assets in the event of a divorce, you should consider a Pre-Marital Agreement, also known as a Pre-Nuptial Agreement or “Pre-Nup.”

A Pre-Marital Agreement typically provides that each spouse will retain those assets he or she owned before the marriage and any appreciation thereof and dictates how property acquired during the marriage will be shared in the event of a divorce.   

This agreement should also address what, if any, spousal support will be paid, the rights of each spouse in the estate of the other, whether a spouse will maintain life insurance for the benefit of the spouse or children, and any other matter that affects the personal rights and/or obligations of a spouse.

Although hiring an attorney and entering into a contract with your betrothed in anticipation of marriage may seem cynical and unromantic, a Pre-Nup provides both parties with certainty and peace of mind in the event their best laid plans for happiness end in an unhappy divorce. 

While less common, a Post-Marital Agreement, or Post-Nup, is entered into by the parties during the marriage. Like the Pre-Nup, it governs how the couple’s property will be divided in the event of a divorce or separation, and can address issues of spousal support and legal fees that arise in these instances.  

These agreements can be entered into during a happy and stable marriage as an afterthought to a Pre-Nup and are often used when one spouse inherits or acquires, or anticipates the acquisition of a significant asset, such as a business, but wants to retain it as separate property.   

A Post-Marital Agreement can also help a couple who is experiencing marital problems but wants to avoid the termination of their marriage. Deciding the financial issues that would arise in the divorce removes the need for strategic planning or the fear of one spouse filing for divorce and allows the couple to concentrate on the emotional and practical issues causing conflict.   

These types of agreements can prevent emotionally and financially draining litigation and protect a spouse’s estate plan or anticipated inheritance.   By establishing the terms and conditions of such agreements with the help of an experienced attorney before a dispute arises, couples can focus on their relationship without the concern or fear of a future legal battle over their property.  The Law Office of Ellen T. Chadwell can provide you with some certainty about your future assets and needs at a fixed fee.  

Pre-Suit Mediation

Mediation serves as a valuable tool in family law, offering a less expensive and less adversarial approach to resolving disputes. Pre-suit mediation allows parties to negotiate terms and reach amicable agreements without the need for court intervention. This process can result in a comprehensive marital settlement agreement, addressing all aspects of the divorce, including child support and equitable distribution and can significantly reduce the length and cost of the divorce process.  

Mediation not only saves time and money but also fosters a more cooperative and respectful resolution, which benefits all parties.   When the parties can resolve all questions regarding property distribution, child rearing and responsibility, child support, parenting time and alimony, together with a mediator, they not only reap the benefit, but their children do as well.

Pre-suit mediation may be undertaken with or without legal representation.  However, a party should understand his or her rights before attending a mediation. 

Ms. Chadwell offers her services on an hourly basis for those clients who want to avoid the cost and stress of litigation altogether but need help in preparing for or attending mediation. With so much at stake, you need good legal advice.