Law Offices of Nicole Alvarez P.A.Law Offices of Nicole Alvarez P.A.2026-07-21T11:31:12Zhttps://www.nicolealvarezpa.com/feed/atom/WordPress/wp-content/uploads/sites/1403671/2022/10/cropped-Site-Icon-32x32.pngOn Behalf of Law Offices of Nicole Alvarez P.A.<![CDATA[What to expect during child custody mediation in Florida?]]>https://www.nicolealvarezpa.com/?p=471772026-07-21T11:31:12Z2026-07-21T11:31:12ZWhat is Florida’s framework for custody?
Florida law generally favors shared parental responsibility, meaning both parents are encouraged to remain involved in major decisions affecting the child unless that arrangement would be detrimental to the child. The law assumes that splitting time equally is best for the child, unless there is proof that a different schedule is more beneficial.
What should parents expect during mediation?
Mediation gives parents a private and less formal space to build a parenting plan before trial. During the session, both parties attend the session, often with their attorneys. Minor children generally do not attend mediation unless the court specifically authorizes their participation. If the court named a guardian ad litem to speak for the child, that person may also attend.
In many cases, a neutral mediator appointed by the court guides the discussion but never decides the outcome. Sessions generally take a few hours and may need a follow-up meeting. Any deal becomes part of the final parenting plan once a judge approves it.
How does mediation benefit Florida families?
Mediation often costs less than a trial and moves faster than a standard court calendar. Parents can shape the outcome rather than handing every decision to a judge. Moreover, children may benefit when their parents cooperate instead of fighting in court.
How to prepare confidently for mediation?
To strengthen position and ease the process before the session, it is best to do the following:
Gather school, medical and work schedules ahead of time.
Note priorities and compromises before the meeting.
Keep the child’s needs at the center of every choice.
This groundwork can help parents offer realistic terms and reach agreements that truly last. Building a strong plan with legal guidance can help parents protect their rights while keeping their child’s well-being at the forefront.]]>On Behalf of Law Offices of Nicole Alvarez P.A.<![CDATA[Will my divorce attorney need to talk to my child?]]>https://www.nicolealvarezpa.com/?p=471732026-07-01T20:31:23Z2026-07-01T20:31:23ZOne of the most common concerns parents have during a divorce is whether their child will have to become involved in the legal process. Many parents worry that their attorney will need to interview their son or daughter or ask them to choose between their parents. Fortunately, in most divorces, that does not happen.
A skilled divorce attorney's primary role is to represent the interests of their adult client. Attorneys typically gather information from parents, financial records, school records, medical records and other sources rather than relying directly on conversations with children. In many cases, there is no need for an attorney to speak with a child at all.This approach helps protect children from becoming caught in the middle of their parents' dispute. Divorce is already a significant life change, and minimizing a child's involvement in legal proceedings can reduce unnecessary stress and emotional pressure.There are, however, situations in which information about a child becomes especially important. If custody or parenting time is contested, the court may need additional information about the child's needs, daily routine, education, health or relationship with each parent. Even then, the attorney often obtains this information through the parents, teachers, counselors or other adults who know the child well.In some high-conflict custody cases, the court may appoint a guardian ad litem, custody evaluator or another neutral professional to meet with the child and provide recommendations. These individuals are different from the parents' attorneys and serve a separate role in helping the court understand what arrangement is in the child's best interests.
The bottom line
If an attorney does determine that speaking with a child is appropriate, this situation should be handled carefully and only when necessary. The goal is not to ask the child to decide the outcome of the case but to better understand circumstances that may affect the child's well-being.For most families, legal work is handled by the adults and their attorneys, allowing young family members to stay out of the courtroom and focus on adjusting to their new family dynamics.]]>On Behalf of Law Offices of Nicole Alvarez P.A.<![CDATA[Time apart can increase divorce odds]]>https://www.nicolealvarezpa.com/?p=471682026-06-21T09:46:19Z2026-06-21T09:45:13ZOne of the simplest things that can lead to an increase in divorce odds is when couples do not spend enough time together. This is not to say that time alone is always a bad thing, but too much time apart can cause a relationship to begin to deteriorate.
One way that we see this is when it comes to military divorces. The divorce rate for someone who is in the military is slightly higher, statistically speaking, than it is for a civilian.Part of the reason for this is that being in the military is very demanding. Couples spend time apart during training or after the military member is transferred to a new location. They could also spend months apart if the military member is deployed. This can take a toll on the relationship over time.
A long commute
But even civilians can experience this strain. For example, one study linked long commutes, defined as those over 45 minutes, with an increase in divorce odds of 40%.Naturally, many people feel that they have to endure a long commute because employment itself gives them more financial stability and can help their marriage and standard of living. And while that may be true, an excessively long commute can still strain the marriage because the couple has far less time to spend together. The combination of working hours and time spent driving to and from the office cuts into their personal time significantly.Do you believe that you and your partner may get divorced in the coming year? If so, it is important that you know exactly what legal steps to take when addressing property division, child custody rights and more.
]]>On Behalf of Law Offices of Nicole Alvarez P.A.<![CDATA[3 tips for keeping discussions focused on your children]]>https://www.nicolealvarezpa.com/?p=471662026-06-11T10:36:09Z2026-06-11T10:36:09ZParents who are splitting up can’t avoid communicating with each other forever. Instead, they have to find ways that they can have productive discussions with each other. This is the only way they can talk about schedules, school events, medical appointments, holidays, activities, transportation and daily routines.
One of the most important ways that parents can keep discussions productive is to keep the focus on the children. It’s not always easy to do this, but these tips may help.
1: Use child-centered language
When you speak to your ex, frame the discussions around what your child needs. Don’t fall into the temptation to criticize your ex, even if you think it’s warranted. Instead, think about how to turn the discussion to how everything affects the children. For example, if a child isn’t getting enough sleep, bring up that they’re tired in school. But don’t blame the other parent for allowing the child to stay up too late.
2: Stick to one issue per conversation
Trying to solve multiple issues all at once can be overwhelming for both parents. Instead of trying to do this, stick to one issue per conversation. When one issue is resolved, move to the next one. This helps to ensure that practical decisions are made and that both parents will remember the resolutions.
3: Pause when emotions take over
There’s a good chance that conversations will get tense when you’re dealing with your ex. If things get heated, it’s best to take a break. Plan a time to come back together and take the time apart to calm down and consider the viable resolutions for the issue. The parenting plan is the cornerstone of raising your child with your ex. Ensuring that you have this set as early in the case as possible can benefit both parents and the child. It might be best to work with someone familiar with these situations so they can assist with determining what’s best for the children.
]]>On Behalf of Law Offices of Nicole Alvarez P.A.<![CDATA[Does your child have a say in the custody decision?]]>https://www.nicolealvarezpa.com/?p=471642026-05-27T15:55:41Z2026-05-27T15:55:41ZYes, your child may be able to have a say in the custody decision during a divorce case. But it is important to point out that they cannot make this decision on their own. The court is not going to ask them to choose which parent to live with, for example, and allow them to set their own terms.
That said, children may be asked to express their preference during the case. This is often done with older children, such as teenagers. The court can decide if the child is old enough to fully understand what they are requesting and the ramifications of that request.
Does the court have to honor it?
No, the court is not obligated to honor the child’s request. For instance, say that both parents have requested shared custody of their child. The child, however, says that they want to live with one parent and not the other.The court can take their preference into account, but it is also going to look at a variety of factors, such as the parents’ ages, their mental and physical health, their income levels, the availability of a stable housing situation and much more.Overall, the court is going to try to find a custody solution that is in the child’s best interests. This may or may not align with the child’s own preferences, depending on all of these factors and more.
Navigating a custody dispute
As you can see, while children can be involved in a custody decision, it is ultimately up to the court to decide how to rule. While working through a divorce and a custody dispute, take the time to carefully look into all of your legal options.
]]>On Behalf of Law Offices of Nicole Alvarez P.A.<![CDATA[How fast do you have to respond to a divorce in Florida?]]>https://www.nicolealvarezpa.com/?p=471612026-05-14T09:31:18Z2026-05-14T09:30:14ZOnce you have been served with legal paperwork in Florida, the law typically gives you 20 days to respond. This is a relatively short timeframe, so it is important to act quickly.
In a divorce case, there may be steps you want to take before you respond. Perhaps you need to talk to your attorney. Maybe you want to inventory your assets, learn more about your child custody options, gather financial documentation and take other critical steps. You can do so, but you must respond within 20 days, so you need to work quickly through this process.
Are there any exceptions?
There are rare cases in which a person may have more than 20 days to respond. A primary example is if that person is a member of the armed forces.Under the Servicemembers Civil Relief Act, a person who is occupied by military duty can request a stay of 90 days when facing any civil lawsuits. This includes a divorce case.After all, it may not be practical for that person to receive the divorce petition or respond to it in a timely manner. It would not be fair to them if their spouse could file for a divorce while they were deployed, for example, causing them to miss the deadline and be cut out of the legal process. The 90-day stay allows them to return to the U.S. and participate in the division of marital property, child custody rights and more.But these exceptions are rare, so most people need to remember that they only have 20 days to respond.
Moving forward with your divorce
Once you have responded to the divorce petition, the court will set up hearings, ask for financial disclosures and take other steps. It is critical to understand your legal rights as you move forward with this process.]]>On Behalf of Law Offices of Nicole Alvarez P.A.<![CDATA[Fairly addressing a marital home during a divorce]]>https://www.nicolealvarezpa.com/?p=471422026-04-25T22:08:05Z2026-04-25T22:08:05ZWhich spouse stays in the home?
Possession of the marital home can be a source of conflict. In scenarios where both spouses want to stay in the home, a careful evaluation of family circumstances and personal capabilities may be necessary. The physical ability to maintain the home, the financial capability to afford the mortgage and the possible need for stability for minor children can influence possession.
What is the home worth?
Reaching appropriate solutions for high-value assets first requires an agreement on the value of those assets. Spouses may need to hire appraisers to determine what their homes are worth for the purpose of fairly dividing their value.
How do spouses share equity?
The simplest way to share equity is through selling the home or refinancing. If they sell, spouses can share sale proceeds in a specific fashion. If one spouse refinances, they can withdraw equity to compensate the other for their interest in the home. Otherwise, spouses must reach an arrangement that uses other marital assets and possibly marital debts to offset the equity in the home.
Those preparing for complex property division discussions during a divorce may need guidance to understand the law and explore different solutions. Working with a divorce attorney can help those with valuable property pursue a fair outcome when dividing their assets and financial obligations during a divorce.]]>On Behalf of Law Offices of Nicole Alvarez P.A.<![CDATA[When can child support be modified?]]>https://www.nicolealvarezpa.com/?p=471402026-04-10T09:31:27Z2026-04-10T09:31:27ZWhen parents aren’t together any longer, the noncustodial parent may be ordered to pay child support. This is a way that the court ensures that the financial expense of raising the children doesn’t fall on only one parent.
Child support orders aren’t meant to remain the same forever. Modifications are possible when certain life changes occur. It’s critical that these orders reflect the current financial situation, so both parents should understand exactly when modifications are possible.
When is a modification possible?
Child support modification requires more than just a simple frustration with the current payment amount. In Florida, the process focuses on the type of life changes that have occurred. This typically means that there is a substantial change and not just a short-lived shift or a minor difference in the financial circumstances. Additionally, the changes typically can’t be voluntary. Common reasons for modification include major shifts in either parent’s income, the cost of health insurance, costs for the children or the parenting time arrangement. It’s sometimes possible for a modification to occur if the current child support guidelines would produce a meaningful difference from the current order.
How does a modification occur?
Child support modifications don’t happen automatically. A petition with the court must be filed. Until a new order is entered by the court, the current order remains in effect. Because of this, it’s critical for a paying parent to request the modification as soon as their circumstances change. Failing to do so could lead to significant financial challenges for the paying parent, particularly if they can’t keep up with payments and end up in arrears. Seeking assistance with child support matters is critical. These cases can be complex, so learning about your rights and responsibilities is important. ]]>On Behalf of Law Offices of Nicole Alvarez P.A.<![CDATA[Relocating with children after a Florida divorce]]>https://www.nicolealvarezpa.com/?p=471382026-03-24T19:15:05Z2026-03-24T19:15:05ZParents may need to agree on the move
Some parental relocations are relatively minor. A parent who previously rented during the divorce may use the property division settlement to fund a home purchase in the same school district. A parent who has started a new romantic relationship might move in with a new partner a few miles away.
However, if the relocation takes the children 50 miles away from their current residence or out of Florida, then the consent of the other parent may be necessary. Parents can work together to modify custody orders to reflect a relocation when one parent needs to move.
If they cannot reach an agreement, then the matter may need to go to family court. Judges hearing contested relocation cases must make determinations in the best interests of the children. They have the ability to approve a relocation and modify a custody order accordingly or deny a petition to move away with the children.
Working with an attorney to build a strong relocation custody case is beneficial for parents hoping to move and those concerned about proposed moves. Adherence to state requirements regarding advance notice and proof of how the move may impact the children can influence the outcome of relocation disputes.]]>On Behalf of Law Offices of Nicole Alvarez P.A.<![CDATA[What to expect during initial divorce consultations with lawyers]]>https://www.nicolealvarezpa.com/?p=471352026-03-14T13:50:24Z2026-03-14T13:50:24ZBasics about the law
Attorneys help educate their clients regarding their rights and obligations during divorce. From an explanation of the best interests standard that applies in custody cases to the equitable property division rules that govern asset distribution in Florida divorces, there are many basic legal matters attorneys can help explain.
An attorney may give their insight into the situation and advise the client on what outcomes they believe they could achieve through negotiations or litigation. People often bring basic information regarding their finances and family circumstances with them to review with the lawyer.
Standards for representation
Every lawyer has their own approach to client relationships. Meeting with a lawyer can help spouses determine if the attorney’s communication style and personality are compatible with theirs. Attorneys should generally also disclose their billing practices, including their requirements for retainers and hourly billing rates.
Selecting the right lawyer is important for those preparing for an upcoming divorce. Spouses who know what to expect when meeting with an attorney can properly prepare and can make the best possible choice when hiring representation.]]>