One of the positive evolutions in the field of family law is the increase of alternate dispute resolution means and their utilization for resolving a divorce case. Many of these means may allow for spouses to work in a more collaborative and less adversarial fashion toward achieving closure and moving forward productively. Engaging a mature and non-adversarial process may be particularly important and beneficial if there are young children from the marriage.
Sometimes, one may read about Hollywood celebrities who have made this commitment to work together for the benefit of their child/children. According to a People report, the divorce of acting stars Chris Pratt and Anna Faris is one example of this type of effort toward collaboration. It is important to remember, however, that, no matter how cooperative each of you seeks to be and how amicable your relationship is (even after the breakdown of the marriage), there are certain legal requirements that your divorce documents must satisfy. To make sure that your amicable divorce is not slowed down by procedural or legal errors, as well to ensure that your rights are properly protected, always make sure you have consulted an experienced South Florida family law attorney.
According to the People report, Pratt and Faris, who share a 6-year-old son, separated in August 2017. For the benefit of the son, the parents worked to achieve a divorce arrangement and post-divorce living situation in their home state of California that was geared toward being “unusually tension-free.”
Some issues, like spousal support, were already resolved before the couple even separated. The pair had taken the pro-active step of signing a prenuptial agreement one month before they wed. In that agreement, each agreed that, if the marriage ended, neither would seek a claim for spousal support from the other, according to the report.
Toward the goal of keeping everything amicable, the parents agreed on child custody (with both parents sharing joint custody) and also deciding to live near each other in order to facilitate each one’s parenting of the child. They also agreed that they would maintain a joint bank account to be used to pay for the son’s expenses and which both parents would fund. Beyond each parent’s obligation to deposit money into the son’s bank account on an annual basis, the couple’s agreement stated that neither would owe a child support obligation, People reported.
Pratt and Faris’s intentions sound very mature, responsible and level-headed. It is important to note, however, that even amicable agreements may require input from a knowledgeable attorney to obtain court approval. Take, for example, Faris and Pratt’s plan for meeting their son’s financial needs. In Florida, the law says that you, as a divorcing parent of a minor child, cannot simply agree to waive child support. Even though one parent receives the payment of child support, that payment is for the benefit of the child and the child is the one who has a right to it, so a recipient parent cannot contract away her child’s right to receive support.
That does not necessarily mean that you could not reach an agreement similar to the one Faris and Pratt completed. Your agreement might pass muster with the court as long as you can show that you are funding the account at or above the level required by your child support order, meaning that child support has not actually been waived, it is just completed in a manner other than a cash payment from one ex-spouse to the other. The odds getting court approval of any kind of novel agreement are often raised by having skilled legal counsel that go the extra mile to ensure that the agreement is drafted in the proper manner.
Whether your divorce is amicable or confrontational, chances are very, very high that you can benefit from the advice and knowledge of a skilled Florida attorney. Miami family law attorney Sara Saba is ready to help, having provided her clients reliable representation since 2004. Our team is dedicated solely to meeting your family law needs. Contact us online or by calling (305) 450-8009 to schedule your consultation. Hablamos Español.
More blog posts:
Former ‘The Girls Next Door’ Star Holly Madison to Divorce; Couple Had a Prenuptial Agreement that Included a Provision About Alimony, Miami Divorce Lawyer Blog, Oct. 15, 2018
T.I. and Tiny Have Paused Their Divorce Case. Do I Have That Option in Florida?, Miami Divorce Lawyer Blog, June 22, 2018