Legal News

Talking to Your Kids About Your Divorce

Telling your kids about your divorce is one of the hardest things you’ll ever have to do. But it’s important to remember that they need to hear it from you, in your own words. Here are a few things to keep in mind when talking to your kids about divorce:

Choose the Right Time and Place

Don’t tell your kids about your divorce when they’re rushed or stressed. Choose a time when you can be calm and relaxed, and when they’re not surrounded by other people.

For example, you might want to tell them on a weekend when they’re not busy with school or friends or extracurricular activities. You could also choose to tell them in a private setting where you won’t be interrupted by people or phones.

Be Honest, but Age-Appropriate

Don’t sugarcoat things or bend the truth with your kids—but don’t go into too much detail either. Tailor your explanation to their age and maturity level.

If your kids are young, you might want to say something simple like, “Mommy and Daddy are having some problems, and we’ve decided to get a divorce, which means we will not be married anymore”

If your kids are older, you might want to be more specific about the reasons for your divorce and explain that despite trying, you and your spouse cannot resolve these issues.

Reassure Them That You Love Them

Let your kids know that your divorce is not their fault, and that you still love them very much. It’s important to emphasize that your love for your kids is not changing, even though your relationship with your spouse is.

Talk About the Changes That Will Happen

Explain that things will be different after the divorce, but that you’ll do everything you can to make the transition as smooth as possible. Let your kids know that they might have to move to a new home, change schools, or spend less time with one of you. You can reassure them that you’ll be there to help them through these changes and address their concerns.

Answer Their Questions

Don’t be afraid to answer your kids’ questions, even if they’re difficult. The more they know, the less likely they are to jump to conclusions or come up with their own narrative. It’s important to be honest with your kids, even if it’s uncomfortable. If they ask questions about why you’re getting a divorce, try to answer them in a way that they can understand. If you’re not ready to discuss those details, you can explain to them that you’re still working through some things, and that you’ll answer those questions in the future.

Be Patient

It may take your kids some time to adjust to the changes that come with divorce. They may be sad or angry for a while. Be patient with them, and let them know that you’re there for them whenever they need you.

Divorce is a big change for everyone involved, and it’s important to give your kids time to adjust. Be patient with them, and let them know that you’re there for them whenever they need you.

Avoid Blaming Each Other

It’s important to present a united front to your kids, even if you’re not happy with your spouse. Avoid blaming each other or talking negatively about your spouse in front of your kids.

Agree on a Parenting Plan

This will help to ensure that your kids have a stable and consistent home life after the divorce. Talk to your spouse about how you want to share custody of your children, how you’ll handle holidays and vacations, and how you’ll communicate with each other about your kids.

Call in a Professional if Needed

If you’re struggling with talking to your kids about your divorce, or if they’re having difficulty adjusting, don’t be afraid to seek help from an experienced professional. A therapist can help you and your kids work through your feelings and come to terms with your divorce.

Divorce is a difficult time for everyone involved, but it’s important to remember that you’re not alone. There are resources available to help you and your children through this tough time.

Attorney O’Connor has extensive experience with divorce, collaborative divorce, divorce mediation and military divorce and and is available to serve you in Tampa Bay, Brandon, Kissimmee, Lakeland, Plant City, Hillsborough County, Pinellas County, Polk County and Osceola County.

Call to schedule a consultation today 813-413-8777

The Importance of Having a Will

By Brandon Law

Why You Need a Will

A will is a legal document that outlines your wishes for the distribution of your assets after your death. It is one of the most important estate planning documents you can have, as it allows you to ensure that your wishes are carried out according to your plan.

Here are some of the benefits of having a will:

You can control the distribution of your assets. Without a will, your assets will be distributed according to Florida law, which may not be what you want.
You can appoint a guardian for your minor children. If you have minor children, you can appoint a guardian in your will to take care of them if you die. This is important because the court will not automatically appoint the person you may want as guardian. Your will informs the court of your wishes in regard to your children’s guardianship.
You can name a personal representative. A personal representative, also known as an executor, is the person who will be responsible for carrying out the terms of your will. This includes tasks such as collecting your assets, paying your debts, and distributing your property.
You can avoid probate. Probate is the legal process that distributes your assets after you die. It can be a long and expensive process, but you can avoid it if you have a will.
You can express your wishes. A will is a way for you to express your wishes for your loved ones and your property. This can be particularly important if you have special circumstances, such as a blended family or a disabled child.

If you do not have a will, you are considered to have died intestate. This means that your assets will be distributed according to Florida law, which may not be what you want. In addition, your loved ones may have to go through a lengthy and expensive probate process.

Here are some additional things to consider when creating your will:

Make sure your will is up-to-date. Your will should be updated whenever there are major changes in your life, such as getting married, having children, or getting divorced.
Choose a reliable executor. The executor is the person who will be responsible for carrying out the terms of your will. Make sure you choose someone who you trust and who is capable of handling the responsibility.
Store your will in a safe place. Your will should be stored in a safe place where it will not be lost or destroyed. You should also give a copy of your will to your executor.
Use clear and concise language. Your will should be easy to understand for your executor and for the court.
Be specific about your wishes. The more specific you are, the easier it will be for your executor to carry out your wishes.
Have your will reviewed by an attorney. If you choose to write your own will, consulting with an attorney can help you make sure that your will is valid and that it reflects your wishes.

If you do not have a will, Brandon Law strongly encourages you to contact an attorney today to discuss your options. It is a simple and affordable way to ensure that your wishes are carried out after you die.

Attorney O’Connor has extensive experience with estate planning and probate law and is available to serve you in Tampa Bay, Brandon, Kissimmee, Lakeland, Plant City, Hillsborough County, Pinellas County, Polk County and Osceola County.

Call to schedule an Estate Planning consultation today 813-413-8777

What is Collaborative Divorce?

By Brandon Law

Collaborative divorce is a process in which both parties in a divorce work together, along with their respective attorneys and other professionals, to negotiate a settlement outside of court. The goal of collaborative divorce is to create a mutually satisfactory agreement that meets the needs of both parties and any children involved.

The process typically begins with each spouse hiring their own attorney who is trained in collaborative law. The spouses then meet together with their attorneys and possibly other professionals such as financial experts or mental health professionals to identify the issues and develop a plan to resolve them. Both parties agree to work together in good faith, to disclose all relevant information, and to negotiate in a respectful and non-adversarial manner.

If the parties are unable to reach a settlement through collaborative divorce, the attorneys involved must withdraw from the case, and the parties will need to hire new attorneys to represent them in court. This incentivizes both parties to work together to come to a mutually satisfactory agreement.

Collaborative divorce can be a less expensive, less contentious and more private alternative to traditional divorce proceedings. It can also be less stressful for both parties, as they maintain control over the process and the outcome, rather than leaving the decision-making up to a judge.

If you’re considering a collaborative divorce, it’s important to talk to an attorney to learn more about the process and to see if it’s the right option for you.

Call to schedule a consultation today 813-413-8777

In the News: Divorce and Your Credit Score

By Brandon Law

According to experts, a divorce can wreak havoc on your credit score. In this CNBC.com article, two experts outline the four steps they recommend to protect your credit before getting a divorce:

While discussing finances with your spouse is important in a relationship, it’s just as important if, down the road, you ever choose to legally part ways through divorce.

There are many decisions to be made when preparing for a divorce, but one of the first things you should prioritize is your credit.

According to a survey conducted by Debt.com, 38% of respondents reported that their credit score plummeted by more than 50 points after a divorce. Your credit matters even during a divorce because you’ll need a good score to secure new living arrangements and cover other expenditures… Learn the 4 Steps Experts Recommend Before Divorcing

Attorney O’Connor has extensive experience with divorce, divorce mediation, military divorce and collaborative divorce and is available to serve you in Tampa Bay, Brandon, Kissimmee, Lakeland, Plant City, Hillsborough County, Pinellas County, Polk County and Osceola County.

Call to schedule a consultation today 813-413-8777

In the News: Podcast Series Offers Divorce Alternatives

By Brandon Law

To bring attention to ways couples can alleviate some of the stress caused by divorce proceedings, two attorneys created a podcast series on alternative approaches to divorce, including collaborative divorce and mediation.

These methods are meant to help families take a less contentious approach to divorce in favor of more harmonious discussions that result in advantageous outcomes for all.

The podcast series features divorce attorneys, as well as a licensed marriage and family therapist and divorce mediator.

Call to schedule a consultation today 813-413-8777

In the News: Reasons to Make Your Estate Plan

By Brandon Law

Death is inevitable. This is a reality everyone must eventually contend with, no matter how uncomfortable it may be. One thing that may give you more peace of mind is knowing that your loved ones will not have to spend, potentially, years dealing with your estate and associated affairs after you pass. Unfortunately, many people die without having created a will, a living trust or any other key financial instructions.

One of a few reasons you should consider an estate plan include avoiding probate, which is time consuming, expensive and is a public proceeding in which anyone can make a claim against your estate. Other reasons to devise an estate plan include minimizing taxes, setting up care for dependent children, making a plan for continued care of your beloved pet(s) and being able to choose how to distribute your remaining assets… Read more