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Thoughts For The New Year

AWARDED 10 YEARS

2021

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LEGALLY SPEAKING

THOUGHTS FOR THE NEW YEAR

By Evan H. Baron, Esq.

Ithink we can all agree that 2020 has been a difficult year in so many ways. The first time our generation has had to experience a Pandemic and all of the issues that it brings. I’m sure most of us have had time to think about what in life is really important. Hopefully when all goes back to normal or whatever the new normal turns out to be, we will remember just what is important in all of our lives.

In my practice, I have seen people spend years and thousands of dollars fighting over issues which often are really not worth fighting over. If we stop to think and realize how precious our time is perhaps we can avoid disagreements which can be resolved by simply talking to one another with respect. In spite of the fact that I make my living in representing individuals involved in these disagreements, I can assure you that I do my best to focus on what is important. Sometimes I am successful in this endeavor and sometimes I am not.

With the beginning of a New Year, perhaps a worthwhile resolution would simply be to try and work things out before the fighting begins. As my website states “Adversaries litigate, Families collaborate”. Nobody anticipates getting divorced but unfortunately, it is a reality in many marriages. If a divorce is either pending or about to begin, or issues from a previous divorce have arisen, think about what is important in your life as well as your children’s lives. Focus on the big picture and not the mini battles.

Many couples will not agree to a time-sharing schedule. Sometimes the reason for not agreeing is valid, oftentimes it is not. What every child needs is the love of both parents. This doesn’t always have to equate to equal time with both parents. I have had individuals refuse to settle a case and continue to litigate over one or two days a month with a child. Instead of a 50/50 time-sharing schedule, it becomes a 48% to 52%. Logically it would seem that a compromise can be reached with these facts. Often times it is in reality a power struggle and nobody wishes to give in. The interests of the children remain secondary. You must ask yourself, is the extra day worth the battle?

Personal property can also result in petty disputes. Unless the items in question have either sentimental value or significant value because they are rare, most items are easily replaced. I can never understand couples who spend significant attorney’s fees to litigate over items that have less value than the fees they are paying, but couples routinely do.

I am not suggesting that all disputes that occur in the process of a divorce can be resolved by talking it out. More often than not, the issues to be litigated are of major significance to the parties or the minor children. When issues like these cannot be resolved then the Judge will be asked to decide. Hopefully, the next time an issue arises either during a divorce or after the divorce is final, the parties can simply ask themselves is this dispute really benefiting anyone or perhaps they can make better use of their time. ⊲ The law firm of Evan H. Baron and Associates is located at 1655 North

Commerce Parkway, Suite 201, in Weston. If you have any questions concerning this issue or any other family law matter, call the office at 954-385-9160.

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