If you are going through a divorce in Florida involving children, you will repeatedly hear the phrase: “in the best interest of the children,” or “parenting plan” over and over again. You will, likely, hear it from your attorney, from the opposing party or opposing attorney, and, even, from the judge assigned to your case. That’s because, in determining child related matters, the best interests of your children are the court’s primary concern.
Although that is always the standard we attempt to adhere to in Florida, there is one timesharing and parenting plan arrangement that, I believe, adheres to this standard more closely than any other arrangement by truly putting the interests of the children above the interests of the parents – nesting. “Nesting” or “bird-nesting” is a co-parenting arrangement that is uniquely child-centered. Rather than the children having to adapt to the parents’ new living arrangements after a divorce, nesting requires the parents are the ones who do the adapting while providing a stable and consistent environment for the children.
Nesting occurs when the children remain in a single home (often, the former marital residence) and it is the parents who travel back and forth during their time with the children. This means that there is some other residence the parents spend time in outside of the children’s home when it is not their time with the kids. This may mean that the couple owns the home the children live in, and owns or rents an additional apartment. While Dad is at the home with the children, Mom is at the apartment and vice-versa.
Although one might think that this only works for a wealthy family with multiple residences, it can, actually, work across a spectrum of income levels. The parent-only dwelling can be a small apartment that does not need to be kid-friendly. Additionally, this parenting plan saves on each parent having to buy accommodating furniture, toys, clothes and the like for the children, because the children live in only one place. For some couples that are not comfortable sharing one parent-only dwelling, they each secure their own place outside the children’s home. This may mean each renting or buying a small place, or staying with friends or family.
The first time I heard of nesting I was stunned I had never thought of such a concept. Of course! Why should the children bear the brunt of the inconvenience of divorce? I grew up a child of divorce in a world of divorce like most of my generation. In our world, getting dragged from Mom’s to Dad’s and back again was the norm, and frankly, for many of my peers, it was not a pleasant experience. Nesting changes that landscape. Nesting changes what it means to grow up in a divorced world.
Of course, nesting does not work for every family. Nesting requires both parents work at co-parenting maturely and amicably. Although this does not mean that there will never be disagreements, it does mean that each parent is respectful of the other parent’s space and belongings. This is not always easy, but for couples truly committed to what is best for their children, this model may be the perfect fit.
If you are going through a divorce in Florida involving children, you will repeatedly hear the phrase: “in the best interest of the children,” or “parenting plan” over and over again. You will, likely, hear it from your attorney, from the opposing party or opposing attorney, and, even, from the judge assigned to your case. That’s because, in determining child related matters, the best interests of your children are the court’s primary concern.
Although that is always the standard we attempt to adhere to in Florida, there is one timesharing and parenting plan arrangement that, I believe, adheres to this standard more closely than any other arrangement by truly putting the interests of the children above the interests of the parents – nesting. “Nesting” or “bird-nesting” is a co-parenting arrangement that is uniquely child-centered. Rather than the children having to adapt to the parents’ new living arrangements after a divorce, nesting requires the parents are the ones who do the adapting while providing a stable and consistent environment for the children.
Nesting occurs when the children remain in a single home (often, the former marital residence) and it is the parents who travel back and forth during their time with the children. This means that there is some other residence the parents spend time in outside of the children’s home when it is not their time with the kids. This may mean that the couple owns the home the children live in, and owns or rents an additional apartment. While Dad is at the home with the children, Mom is at the apartment and vice-versa.
Although one might think that this only works for a wealthy family with multiple residences, it can, actually, work across a spectrum of income levels. The parent-only dwelling can be a small apartment that does not need to be kid-friendly. Additionally, this parenting plan saves on each parent having to buy accommodating furniture, toys, clothes and the like for the children, because the children live in only one place. For some couples that are not comfortable sharing one parent-only dwelling, they each secure their own place outside the children’s home. This may mean each renting or buying a small place, or staying with friends or family.
The first time I heard of nesting I was stunned I had never thought of such a concept. Of course! Why should the children bear the brunt of the inconvenience of divorce? I grew up a child of divorce in a world of divorce like most of my generation. In our world, getting dragged from Mom’s to Dad’s and back again was the norm, and frankly, for many of my peers, it was not a pleasant experience. Nesting changes that landscape. Nesting changes what it means to grow up in a divorced world.
Of course, nesting does not work for every family. Nesting requires both parents work at co-parenting maturely and amicably. Although this does not mean that there will never be disagreements, it does mean that each parent is respectful of the other parent’s space and belongings. This is not always easy, but for couples truly committed to what is best for their children, this model may be the perfect fit.
Most people have heard divorce-related terms such as “child support,” “custody,” and “alimony,” but don’t fully understand what they mean or how they are determined. The lawyers at Lindsey Wilson will help you understand the Florida divorce process and the key issues relevant to you.
First, a Florida divorce is legally called “dissolution of marriage.” When a party files for a Florida divorce, they are actually filing what is known as a: “petition for dissolution of marriage (with or without minor children).” In order to file a petition for dissolution of marriage for a Florida divorce, you must be able to show: that you are legally married; that you have resided in Florida for, at least, six months; and that the marriage is irretrievably broken. Although each dissolution action is unique, the main issues in most dissolution actions are: (1) the division of assets and liabilities (equitable distribution); (2) spousal support; (3) child support; and (4) timesharing schedules and parenting plans.
(1) The Division of Assets and Liabilities – Equitable Distribution:
Dividing assets and liabilities may mean splitting up not just everything you both physically own, but also your retirement accounts, stocks, and even, your debt. The manner in which this is done varies from couple to couple; however, generally, anything acquired before the marriage is not divisible (it is “non-marital”) while anything acquired during the marriage is divisible (it is “marital”). Florida calls this division of assets and liabilities “equitable distribution,” and strives to obtain an equitable result. For example, instead of splitting the marital home 50/50 simply because it was purchased during the marriage, in a Florida divorce, if one party can show that he or she used a substantial sum of money obtained before the marriage to purchase the home, the Florida courts may find it “more equitable” to give him or her a larger portion equity (unequal distribution) stake in the home. These are the sorts of results that a Florida divorce attorney at Wilson Law can help you obtain or prevent.
(2) Spousal Support/Alimony:
“Spousal support” is the legal term we use in a Florida divorce for alimony. Spousal support is not at issue in every Florida divorce, and is a very emotional subject because it creates an obligation amongst the parties that extends, sometimes, well beyond the divorce. If you have had a long-term marriage (17+ years) and earn dramatically different incomes, spousal support will likely be at issue in your divorce. How much spousal support depends on a number of factors and is truly unique to each situation. Divorce clients love to compare themselves to other people’s divorces when discussing spousal support. Don’t fall into this trap. Your neighbor may have been married the same length of time as you while paying his wife or her husband dramatically less or dramatically more in spousal support. That’s because there are numerous factors the court will consider in determining your spousal support award or obligation, including: (a) The standard of living established during the marriage; (b) The duration of the marriage; (c) The age and the physical and emotional condition of each party; (d) The financial resources of each party; (e) The earning capacities, educational levels, vocational skills, and employability of the parties; (f) The contribution of each party to the marriage; (g) The responsibilities each party will have with regard to any minor children they have in common; (h) The tax treatment and consequences to both parties of any alimony award; (i) All sources of income available to either party; and (j) Any other factor necessary to do equity and justice between the parties. Fla. Stat. 61.08. The Florida divorce attorneys at Wilson Law will help advocate for your position in regard to all of these factors, and ensure your best interests are protected when filing a petition for Florida divorce with minor children.
(3) Child Support:
Spousal support is a fairly subjective determination, while, generally, child support is not. Child support is a much more black-and-white determination based off the income of each parent, the timesharing arrangement between the parents, the number of children in common, and the costs associated with the children. In Florida, child support is determined by a statutory calculation. The judge can deviate from this calculation by five percent in considering additional factors, like the age of the children and their standard of living. The Florida divorce attorneys at Wilson Law can help you determine what your child support obligation or award should be, and ensure all relevant factors are considered in reaching this number.
(4) Time-sharing/Custody:
Timesharing schedules and parenting plans are Florida’s version of custody. A parenting plan is a long comprehensive plan that, often, lays out everything from where the children sleep, to what religion they practice, and who gets to spend Memorial Day with them. In Florida, the best interests of the children are the court’s primary concern in determining any child-related issue. There is no one-way to design a parenting plan, and no two parenting plans look the same. Your divorce lawyer will work with you to help you determine what is best for your children, and help you design a plan that includes things you may not think to include on your own. The more detailed your parenting plan the better. A well drafted parenting plan prevents future arguments, and gives each parent a well thought out guide for amicably raising their children.
If you are going through a divorce in Florida involving children, you will repeatedly hear the phrase: “in the best interest of the children,” or “parenting plan” over and over again. You will, likely, hear it from your attorney, from the opposing party or opposing attorney, and, even, from the judge assigned to your case. That’s because, in determining child related matters, the best interests of your children are the court’s primary concern.
Although that is always the standard we attempt to adhere to in Florida, there is one timesharing and parenting plan arrangement that, I believe, adheres to this standard more closely than any other arrangement by truly putting the interests of the children above the interests of the parents – nesting. “Nesting” or “bird-nesting” is a co-parenting arrangement that is uniquely child-centered. Rather than the children having to adapt to the parents’ new living arrangements after a divorce, nesting requires the parents are the ones who do the adapting while providing a stable and consistent environment for the children.
Nesting occurs when the children remain in a single home (often, the former marital residence) and it is the parents who travel back and forth during their time with the children. This means that there is some other residence the parents spend time in outside of the children’s home when it is not their time with the kids. This may mean that the couple owns the home the children live in, and owns or rents an additional apartment. While Dad is at the home with the children, Mom is at the apartment and vice-versa.
Although one might think that this only works for a wealthy family with multiple residences, it can, actually, work across a spectrum of income levels. The parent-only dwelling can be a small apartment that does not need to be kid-friendly. Additionally, this parenting plan saves on each parent having to buy accommodating furniture, toys, clothes and the like for the children, because the children live in only one place. For some couples that are not comfortable sharing one parent-only dwelling, they each secure their own place outside the children’s home. This may mean each renting or buying a small place, or staying with friends or family.
The first time I heard of nesting I was stunned I had never thought of such a concept. Of course! Why should the children bear the brunt of the inconvenience of divorce? I grew up a child of divorce in a world of divorce like most of my generation. In our world, getting dragged from Mom’s to Dad’s and back again was the norm, and frankly, for many of my peers, it was not a pleasant experience. Nesting changes that landscape. Nesting changes what it means to grow up in a divorced world.
Of course, nesting does not work for every family. Nesting requires both parents work at co-parenting maturely and amicably. Although this does not mean that there will never be disagreements, it does mean that each parent is respectful of the other parent’s space and belongings. This is not always easy, but for couples truly committed to what is best for their children, this model may be the perfect fit.
Most people have heard divorce-related terms such as “child support,” “custody,” and “alimony,” but don’t fully understand what they mean or how they are determined. The lawyers at Lindsey Wilson will help you understand the Florida divorce process and the key issues relevant to you.
First, a Florida divorce is legally called “dissolution of marriage.” When a party files for a Florida divorce, they are actually filing what is known as a: “petition for dissolution of marriage (with or without minor children).” In order to file a petition for dissolution of marriage for a Florida divorce, you must be able to show: that you are legally married; that you have resided in Florida for, at least, six months; and that the marriage is irretrievably broken. Although each dissolution action is unique, the main issues in most dissolution actions are: (1) the division of assets and liabilities (equitable distribution); (2) spousal support; (3) child support; and (4) timesharing schedules and parenting plans.
(1) The Division of Assets and Liabilities – Equitable Distribution:
Dividing assets and liabilities may mean splitting up not just everything you both physically own, but also your retirement accounts, stocks, and even, your debt. The manner in which this is done varies from couple to couple; however, generally, anything acquired before the marriage is not divisible (it is “non-marital”) while anything acquired during the marriage is divisible (it is “marital”). Florida calls this division of assets and liabilities “equitable distribution,” and strives to obtain an equitable result. For example, instead of splitting the marital home 50/50 simply because it was purchased during the marriage, in a Florida divorce, if one party can show that he or she used a substantial sum of money obtained before the marriage to purchase the home, the Florida courts may find it “more equitable” to give him or her a larger portion equity (unequal distribution) stake in the home. These are the sorts of results that a Florida divorce attorney at Wilson Law can help you obtain or prevent.
(2) Spousal Support/Alimony:
“Spousal support” is the legal term we use in a Florida divorce for alimony. Spousal support is not at issue in every Florida divorce, and is a very emotional subject because it creates an obligation amongst the parties that extends, sometimes, well beyond the divorce. If you have had a long-term marriage (17+ years) and earn dramatically different incomes, spousal support will likely be at issue in your divorce. How much spousal support depends on a number of factors and is truly unique to each situation. Divorce clients love to compare themselves to other people’s divorces when discussing spousal support. Don’t fall into this trap. Your neighbor may have been married the same length of time as you while paying his wife or her husband dramatically less or dramatically more in spousal support. That’s because there are numerous factors the court will consider in determining your spousal support award or obligation, including: (a) The standard of living established during the marriage; (b) The duration of the marriage; (c) The age and the physical and emotional condition of each party; (d) The financial resources of each party; (e) The earning capacities, educational levels, vocational skills, and employability of the parties; (f) The contribution of each party to the marriage; (g) The responsibilities each party will have with regard to any minor children they have in common; (h) The tax treatment and consequences to both parties of any alimony award; (i) All sources of income available to either party; and (j) Any other factor necessary to do equity and justice between the parties. Fla. Stat. 61.08. The Florida divorce attorneys at Wilson Law will help advocate for your position in regard to all of these factors, and ensure your best interests are protected when filing a petition for Florida divorce with minor children.
(3) Child Support:
Spousal support is a fairly subjective determination, while, generally, child support is not. Child support is a much more black-and-white determination based off the income of each parent, the timesharing arrangement between the parents, the number of children in common, and the costs associated with the children. In Florida, child support is determined by a statutory calculation. The judge can deviate from this calculation by five percent in considering additional factors, like the age of the children and their standard of living. The Florida divorce attorneys at Wilson Law can help you determine what your child support obligation or award should be, and ensure all relevant factors are considered in reaching this number.
(4) Time-sharing/Custody:
Timesharing schedules and parenting plans are Florida’s version of custody. A parenting plan is a long comprehensive plan that, often, lays out everything from where the children sleep, to what religion they practice, and who gets to spend Memorial Day with them. In Florida, the best interests of the children are the court’s primary concern in determining any child-related issue. There is no one-way to design a parenting plan, and no two parenting plans look the same. Your divorce lawyer will work with you to help you determine what is best for your children, and help you design a plan that includes things you may not think to include on your own. The more detailed your parenting plan the better. A well drafted parenting plan prevents future arguments, and gives each parent a well thought out guide for amicably raising their children.