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# Law Offices of Robert J. Merlin, P.A.

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## Posts
- [Can My Spouse and I Talk During the Divorce Process?](https://merlinlaw.com/can-my-spouse-and-i-talk-during-the-divorce-process/): Some attorneys tell clients not to speak with their spouse during a contested divorce. In my experience, that is not realistic because you and your spouse will probably communicate, particularly if you have children or shared financial responsibilities.
- [Why Rushing Through a Divorce Can Be a Big Mistake](https://merlinlaw.com/why-rushing-through-a-divorce-can-be-a-big-mistake/): Wanting a divorce to be over as quickly as possible may feel like the best solution, but making decisions too quickly may have long term consequences that affect your finances, your family, and your future. Taking the time to understand your rights, finances, and future needs will help you make informed choices that protect your interests.
- [How to Be Smart Using Social Media During Your Divorce](https://merlinlaw.com/how-to-be-smart-using-social-media-during-your-divorce/): If you are contemplating divorce or already going through one, social media can be a place where a simple post will create lasting problems. Sharing on social media in a moment of anger, frustration, or excitement will be seen by others and can become evidence in your divorce case.
- [Why Is Gray Divorce on the Rise?](https://merlinlaw.com/why-is-gray-divorce-on-the-rise/): If you have noticed more friends, relatives, or neighbors ending their long-term marriages, you are not alone. Gray divorce, which refers to divorce among adults age 50 and older, has increased significantly over the past two decades.  From 8% of all divorces 20 years ago to 40% of all divorces today.
- [How Does Settling Out of Court Protect Your Family?](https://merlinlaw.com/how-does-settling-out-of-court-protect-your-family/): Resolving your divorce outside of court helps protect your family's privacy. It keeps sensitive financial and personal information out of the public record, and it gives you greater control over the outcome. Private divorce processes like Mediation and Collaborative Divorce encourage customized solutions and healthier co-parenting. Court intervention should be a last resort for situations where cooperation, appropriate negotiations or full disclosure is not possible.
- [Does Collaborative Divorce Work in a High Conflict Divorce?](https://merlinlaw.com/does-collaborative-divorce-work-in-a-high-conflict-divorce/): The success of the Collaborative Divorce process is not based on whether you and your spouse get along. The process provides professional guidance and structure to help you to address the conflict, maintain your privacy, and work toward solutions that support your future and the well-being of your children.
- [The Four Biggest Mistakes People Make During Divorce](https://merlinlaw.com/the-four-biggest-mistakes-people-make-during-divorce/): When you are going through a divorce, the decisions you make early in the process have a direct impact on the outcome. Certain mistakes create unnecessary delays, increase costs, and make resolving issues far more difficult than they need to be. Understanding these common errors helps you to make informed decisions and protect your interests throughout the divorce process.
- [How to Deal with a Divorce You Didn’t Want](https://merlinlaw.com/how-to-deal-with-a-divorce-you-didnt-want/): Learning that your spouse wants a divorce when you do not can be difficult to accept. You can feel disappointed, frustrated, angry, or uncertain about what comes next. While you cannot force your spouse to remain married, you can make decisions that protect your financial future, your children, and your peace of mind.
- [4 Red Flags That You May Be Headed for Divorce](https://merlinlaw.com/4-red-flags-that-you-may-be-headed-for-divorce/): If you notice major changes in your spouse's behavior, increased conflict, financial secrecy, or emotional distance, these may be signs that your marriage is in trouble. Recognizing these warning signs early will give you an opportunity to address problems, improve communication, and possibly repair the relationship before a divorce becomes inevitable.
- [How Can We Keep Our Divorce from Ruining Our Children’s Lives?](https://merlinlaw.com/how-can-we-keep-our-divorce-from-ruining-our-childrens-lives/): Divorce does not have to damage your children’s well-being when you keep their needs at the center of your decisions. Respectful communication, stable routines, and cooperative parenting will help your children feel more secure and supported during this transition. Processes like mediation and Collaborative Divorce help parents create practical parenting plans that focus on the child’s daily life and long-term well-being.
- [Will I Be Able to Make It on My Own After Our Divorce?](https://merlinlaw.com/will-i-be-able-to-make-it-on-my-own-after-our-divorce/): Divorce may change your financial and daily responsibilities, but planning ahead, researching your options, and building a support system will help you create a workable future for yourself. Whether that includes job training, childcare planning, educational opportunities, or guidance through the Collaborative Divorce Process, taking practical steps early can help you feel more prepared for the transition ahead.
- [Five Unexpected Costs of Divorce](https://merlinlaw.com/five-unexpected-costs-of-divorce/): Divorce expenses go far beyond attorneys’ fees and court costs. When you move from one household to two, everyday expenses such as housing, utilities, childcare, insurance, transportation and even taxes will go up. Understanding these hidden divorce costs can help you make more informed financial decisions for your future.
- [Divorce Law: What Does the Best Interest of a Child Mean?](https://merlinlaw.com/divorce-law-what-does-the-best-interest-of-a-child-mean/): The best interest of a child means that you focus on what supports your child’s stability, safety, and long-term well-being, even when it requires setting aside your own preferences. It includes daily routines, home environments, and emotional security. When you use Collaborative Divorce, you can work with the other parent to make decisions that support your child instead of creating ongoing conflict or instability.
- [Parental Conflict, Not Divorce, Creates More Stress for Children](https://merlinlaw.com/parental-conflict-not-divorce-creates-more-stress-for-children/): Your children will feel the impact of divorce, but ongoing parental conflict is what causes deeper and longer-lasting stress. When you reduce conflict, communicate clearly, and focus on your child’s needs, you give them the stability they need to adjust and thrive.
- [How Can I Keep My Divorce from Turning Into a Battle?](https://merlinlaw.com/how-can-i-keep-my-divorce-from-turning-into-a-battle/): Divorce does not have to become a battle fought in a courtroom. Most families resolve their divorce outside of court through negotiation, mediation, or collaborative divorce. These divorce processes give you more control over the outcome, reduce unnecessary costs, and help protect your children from the harmful effects of ongoing conflict.
- [Email vs Text vs Phone: What is the Best Way to Communicate with Your Co-Parent?](https://merlinlaw.com/email-vs-text-vs-phone-what-is-the-best-way-to-communicate-with-your-co-parent/): Good communication makes co-parenting easier and reduces conflict. While face-to-face conversations and phone calls are usually more effective, texts, emails, and parenting apps may work better in certain situations.
- [What Happens in a Divorce When You Have a Special Needs Child?](https://merlinlaw.com/what-happens-in-a-divorce-when-you-have-a-special-needs-child/): Caring for a special needs child can affect your ability to work, especially for the primary caregiver. Moving from one household to two will increase financial pressure, and a single income may not be enough to support both households along with medical care, therapy, and specialized education.
- [Alcohol and Substance Abuse Issues in Divorce](https://merlinlaw.com/alcohol-and-substance-abuse-issues-in-divorce/): Alcohol or substance abuse can complicate divorce by affecting parenting, decision-making, and the long-term stability of your agreement. A Collaborative Divorce allows these issues to be addressed privately with the support of professionals, giving time for treatment if needed and helping create a more stable, thoughtful resolution that protects both your children and your future.
- [How Collaborative Divorce Can Determine Child Support](https://merlinlaw.com/how-collaborative-divorce-can-determine-child-support/): Florida child support is calculated using a formula based on income, health insurance costs, and parenting overnights, but that guideline amount does not always reflect your child’s real needs. In a Collaborative Divorce, parents can move beyond the standard formula to create flexible, customized support arrangements that better match their finances and provide greater stability for their children.
- [Why High Net Worth Couples Choose Collaborative Divorce](https://merlinlaw.com/why-high-net-worth-couples-choose-collaborative-divorce/): High net worth couples will choose the Collaborative Divorce Process because it keeps their personal and financial information private and because it allows you and your spouse to be in control of every decision.  You also have the right kinds of divorce professionals to help you reach thoughtful, well-informed agreements.
- [The “We Already Have Everything Worked Out Divorce”](https://merlinlaw.com/the-we-already-have-everything-worked-out-divorce/): You and your spouse may believe you have agreed on everything, but without a full understanding of the legal and financial details, important issues may be missed. A signed agreement does not mean it is complete or fair, and once it is approved, fixing mistakes becomes difficult. Taking the time to review your agreement with an experienced attorney will help you avoid costly oversights and make informed decisions before everything is final.
- [Why a Less Adversarial Divorce is Better for Everyone](https://merlinlaw.com/why-a-less-adversarial-divorce-is-better-for-everyone/): Choosing less adversarial solutions like Collaborative Divorce or Mediation gives you and your spouse the ability to make decisions tailored to your family’s needs, supports healthier relationships, saves time and money, and helps protect your children’s well-being.
- [How to Create a Parenting Plan That Works](https://merlinlaw.com/how-to-create-a-parenting-plan-that-works/): You and your spouse can create a parenting plan that works for both of you, when you communicate, cooperate, and address the full range of issues affecting your children. A clear, flexible plan sets schedules, defines responsibilities, and adapts as your children and circumstances change, helping you to parent effectively without relying on a judge.
- [Your Attorney’s Role as Your Advocate and Educator in Your Divorce](https://merlinlaw.com/your-attorneys-role-as-your-advocate-and-educator-in-your-divorce/): Some family law attorneys see their role as one thing: fight in court and win for their client. But in divorce, there are rarely true winners. You and your spouse are both losing something. Your children are affected. Your financial picture is changing. Your daily life is changing.
- [7 Key Steps in the Collaborative Divorce Process](https://merlinlaw.com/7-key-steps-in-the-collaborative-divorce-process/): Collaborative Divorce is a structured, private process where you and your spouse work with specially trained professionals to resolve your legal, financial, and parenting issues without going to court. You and your spouse commit to transparency, respect, and staying out of litigation. As agreements are reached, they are signed and built into a final Marital Settlement Agreement that is submitted to the court for approval, making it enforceable and greatly reducing the likelihood of future court battles.
- [Understanding the Joint Meeting in Collaborative Divorce](https://merlinlaw.com/understanding-the-joint-meeting-in-collaborative-divorce/): A joint meeting in a Collaborative Divorce is where you, your spouse, and your respective attorneys work together to resolve divorce issues outside of court. As Collaborative Divorce has evolved, these meetings also include other neutral professionals who help address finances, parenting, and communication in a creative, efficient and private way.
- [A Better Way to Solve Problems During Divorce](https://merlinlaw.com/a-better-way-to-solve-problems-during-divorce/): Divorce does not have to be driven by court rules and courtroom conflict. Through Collaborative Divorce, you can focus on problem solving, creativity, and private decision making that reflects your family’s real needs and reduces future disputes.
- [What Is the Hardest Stage of Divorce?](https://merlinlaw.com/what-is-the-hardest-stage-of-divorce/): The hardest stage of the divorce process for many people is getting to the point where you learn to be reasonable even while emotions are high. Anger, fear, and unrealistic expectations can turn divorce into a long and expensive fight, while education, flexibility, and informed decision-making help couples reach agreements they can live with.
- [Using Prenups for Marriage Planning, Not Divorce](https://merlinlaw.com/using-prenups-for-marriage-planning-not-divorce/): Prenuptial agreements address what happens if a marriage ends, but their real value is giving couples a way to plan finances, family responsibilities, and future goals before the marriage.
- [Putting Your Children First During Divorce](https://merlinlaw.com/putting-your-children-first-during-divorce/): Divorce often triggers a focus on self-protection, but your children benefit most when you pause, step back, and make decisions based on their long-term well-being. Putting your children first means supporting healthy relationships with both parents, modeling respectful behavior, and choosing processes that reduce conflict whenever possible.
- [In My Opinion: Why Marriages Fail](https://merlinlaw.com/in-my-opinion-why-marriages-fail/): Many marriages struggle not because of one dramatic event, but because of unmet expectations, poor communication, impatience, and a lack of effort over time. When spouses stop listening, stop growing together, or try to control one another, the relationship can break down.
- [4 Truths No One Tells You About Divorce](https://merlinlaw.com/4-truths-no-one-tells-you-about-divorce/): Divorce often involves delays, changing judges, and unexpected outcomes that are outside your control. Parenting rights, property division, and available legal options may work very differently than you expect.
- [Why a Negotiated Divorce Saves You Money](https://merlinlaw.com/why-a-negotiated-divorce-saves-you-money/): A negotiated divorce saves you money because you avoid the long timelines, attorney-driven work, and added stress that come with litigation. When you and your spouse use peaceful options such as Mediation or Collaborative Divorce, you share information more easily, resolve issues faster, spend far less on professionals and keep your information private. Staying out of the courtroom keeps the focus on practical solutions instead of conflict, which protects both your budget and your family.
- [Staying Calm When Your Spouse Tries to Provoke You During Divorce](https://merlinlaw.com/staying-calm-when-your-spouse-tries-to-provoke-you-during-divorce/): When your spouse tries to provoke you during divorce, your first reaction is often emotional and automatic. Pausing, slowing your response, and focusing on long term goals can help you reduce conflict and support healthier communication, especially when children are involved.
- [Who Makes Medical Decisions for My Child After Divorce?](https://merlinlaw.com/who-makes-medical-decisions-for-my-child-after-divorce/): After a divorce in Florida, most parents share the responsibility for major medical decisions for their minor child. Florida law creates a presumption that both parents should participate in these choices, and the law presumes shared parental responsibility and equal time-sharing. Although this is the general expectation, families can reach their own agreements based on what works best for their situation, and the reality of how decisions are made may vary from household to household.
- [Why to Preserve a Relationship with Your Ex After Divorce](https://merlinlaw.com/why-to-preserve-a-relationship-with-your-ex-after-divorce/): Preserving a relationship with your ex can help you move forward with less anger, stress, and emotional weight. When children or grandchildren are part of your life, maintaining a workable relationship is even more important because it supports healthier family dynamics, reduces conflict, and allows everyone to participate in celebrations and milestones without tension.
- [How Is Alimony Determined in Florida?](https://merlinlaw.com/how-is-alimony-determined-in-florida/): Spousal support (also known as alimony) in Florida is based on a spouse’s financial need, the other spouse’s ability to contribute, and the length of your marriage. The law gives judges guidelines for calculating the amount and duration of support, but you and your spouse always have the freedom to create your own agreement. Even though attorneys look to the statute for guidance, you can choose terms that work for your situation, especially in Mediation or Collaborative Divorce.
- [How Prenups Can Reduce Conflict in a  Divorce](https://merlinlaw.com/how-prenups-can-reduce-conflict-in-a-divorce/): A prenuptial agreement does more than plan for what happens if a marriage ends. It creates honest communication about money, expectations, and family goals before the wedding. When handled with care, a prenup can strengthen your relationship and reduce future conflict.
- [Contested vs. Uncontested Divorce: What’s the Difference](https://merlinlaw.com/contested-vs-uncontested-divorce-whats-the-difference/): A divorce may be contested or uncontested depending on whether you and your spouse agree on all issues. Uncontested divorces are faster, more private, and less expensive. Contested divorces can become lengthy, public, and unpredictable if a judge must decide your future.
- [Tasks to Do After the Divorce Is Over](https://merlinlaw.com/tasks-to-do-after-the-divorce-is-over/): Your divorce may be finalized, but there are still important steps to take. Updating your records, managing joint accounts, and organizing your documents will help protect your finances and prevent future problems.
- [How to Plan for Long Term Stability Post Divorce](https://merlinlaw.com/how-to-plan-for-long-term-stability-post-divorce/): Planning for long term stability after divorce begins with understanding your finances, your responsibilities, and your future goals. When you take time to learn and make thoughtful decisions, you can create a life that reflects your new priorities and supports your long-term well-being.
- [Robert J. Merlin Receives Pro Bono Recognition](https://merlinlaw.com/robert-j-merlin-receives-pro-bono-recognition/): Attorney Robert J. Merlin has been recognized by the Dade Legal Aid Put Something Back Pro Bono Project in Miami for his outstanding dedication to serving families in need. As highlighted by The Florida Bar News, Robert is among five honorees celebrated for going "above and beyond" in supporting Dade Legal Aid and Put Something Back on cases involving children, teens, and divorcing couples. A Florida Bar Board Certified Family Law Specialist with more than 45 years of experience, Robert has devoted over 500 hours to pro bono family matters, reflecting his deep commitment to expanding access to justice through the Collaborative Process, mediation, and peaceful dispute resolution.
- [What is Issue Spotting and How Does It Impact Divorce?](https://merlinlaw.com/what-is-issue-spotting-and-how-does-it-impact-divorce/): Issue spotting in divorce means looking beyond the surface-level legal matters and paying attention to your deeper goals, needs, and fears. By identifying what really matters to you and your family, you can create outcomes that feel fair and sustainable, especially through Mediation or Collaborative Divorce.
- [The Power of Apology](https://merlinlaw.com/the-power-of-apology/): Offering a genuine apology during divorce can reduce conflict, soften conversations, and show respect for the other person’s perspective. Even if you do not agree with their view, apologizing can improve communication, lower resentment, and help preserve a relationship moving forward.
- [Can You Reconcile During or After Divorce?](https://merlinlaw.com/can-you-reconcile-during-or-after-divorce/): Reconciliation is a possibility, even during or after a divorce. While the path may be different depending on whether you are in Litigation, Mediation, or Collaborative Divorce, the opportunity to pause, rethink, and even rebuild your relationship is not necessarily off the table.
- [Crypto in Divorce: Dealing with Digital Assets](https://merlinlaw.com/crypto-in-divorce-dealing-with-digital-assets/): If cryptocurrency or other digital assets are part of your divorce, you need to understand the risks, the value, and how they fit into your overall settlement. Bringing in financial experts and making sure both spouses have the right information can protect your financial future.
- [What is Equitable Distribution?](https://merlinlaw.com/what-is-equitable-distribution/): Equitable distribution is the process of dividing marital assets and debts in a divorce. In Florida, the presumption is an equal split, but you and your spouse can agree on a different arrangement. Collaborative Divorce often makes this process smoother and less expensive than going to court.
- [Collaborations and Lessons Learned](https://merlinlaw.com/collaborations-and-lessons-learned/): Bob discusses Collaborations and Lessons Learned with Amber Kornreich on the Family LawCast, a podcast with the Family Law Section of The Florida Bar.
- [Does an Affair Matter in Divorce?](https://merlinlaw.com/does-an-affair-matter-in-divorce/): In Florida, an affair can impact your divorce financially if marital money was spent on the relationship, but it does not usually affect issues like child support or alimony. Courts focus on dividing assets fairly, but affairs may have financial, emotional and social consequences.
- [Why Are More Women Choosing Divorce Later in Life](https://merlinlaw.com/why-are-more-women-choosing-divorce-later-in-life/): More women are seeking divorce later in life because peace of mind and independence often outweigh staying in an unhappy marriage. Financial security, shifting social norms, and a desire for a better quality of life all play a role.
- [4 Things to Do ASAP After Divorce](https://merlinlaw.com/4-things-to-do-asap-after-divorce/): After your divorce ends, it is important to move quickly to update your records, accounts, and estate plans. Create a checklist, update IDs and addresses, notify financial institutions and insurers, and revise wills, powers of attorney, and beneficiary designations to ensure your information is accurate and reflects your current wishes.
- [Understanding Social Security Benefits in a Divorce](https://merlinlaw.com/understanding-social-security-benefits-in-a-divorce/): If you were married for at least 10 years, you may be eligible to receive Social Security benefits based on your former spouse’s earnings. This can provide extra income in retirement, and it does not reduce your ex-spouse’s benefits. Knowing your options can help you make informed decisions during a divorce.
- [“Gray” Divorce: Why Staying Out of Court is a Better Choice](https://merlinlaw.com/gray-divorce-why-staying-out-of-court-is-a-better-choice/): If you are over 50 and facing divorce, there are options for divorce that can be better for you and your soon-to-be-ex.  Collaborative Divorce or Mediation help you to protect your finances, maintain peace of mind, and preserve relationships. These divorce processes support thoughtful decision-making and help you stay in control of your future.
- [Divorce: Pros and Cons of Sharing the Family Home](https://merlinlaw.com/divorce-pros-and-cons-of-sharing-the-family-home/): Nesting, or sharing the family home during or after the divorce, may offer short-term stability for your children and financial relief for you and your spouse. This living arrangement requires cooperation and is often temporary, but it can work under the right circumstances.
- [We Have Decided to Divorce, Now What?](https://merlinlaw.com/we-have-decided-to-divorce-now-what/): After deciding to divorce, you and your spouse have many choices to make. The first steps include gathering information, deciding on a divorce process, and talking about living arrangements, parenting time, and financial planning. With cooperation and the right support, you can move forward with fewer disputes and more control.
- [What Is a Divorce Settlement Agreement?](https://merlinlaw.com/what-is-a-divorce-settlement-agreement/): A divorce settlement agreement is the written plan you and your spouse create to divide your assets and liabilities, handle parenting decisions, and settle support. It helps you avoid court, reduce stress, and make choices that work for your family.
- [Can You Really Afford to Not Settle Your Divorce Out of Court?](https://merlinlaw.com/can-you-really-afford-to-not-settle-your-divorce-out-of-court/): Taking your divorce to court will drain your finances, strain your emotions, and delay your ability to move forward. Settling outside of court through Mediation or Collaborative Divorce saves money, time, and peace of mind.
- [Can You and Your Ex be Friends After Your Divorce?](https://merlinlaw.com/can-you-and-your-ex-be-friends-after-your-divorce/): You may not believe it now, but many divorced couples do stay friends. Some even attend family events together, take vacations, or support each other in meaningful ways. Others simply keep a respectful and kind relationship that benefits their children and lowers tension for everyone.
- [Divorce in Florida: 5 Things That Have Changed and 1 Thing That Has Not](https://merlinlaw.com/divorce-in-florida-5-things-that-have-changed/): Divorce in Florida has changed for the better. Mediation and Collaborative Divorce are now more common, equal parenting is the norm, and alimony and legal access have improved. But one belief about why divorce should be harder still causes problems.
- [What Makes the Best Divorce Lawyers Different?](https://merlinlaw.com/what-makes-the-best-divorce-lawyers-different/): The best divorce lawyers focus on empathy, listening, creative solutions, and guiding you through the process with as little emotional and financial harm as possible. They are not focused on battles or profits, but on helping you achieve a resolution you can accept.
- [Can the Economy Affect Your Divorce Decisions?](https://merlinlaw.com/can-the-economy-affect-your-divorce-decisions/): A changing economy can shape your divorce decision, from how you divide assets to whether you move forward now or wait for more stable financial times. Recognizing what you are comfortable with and working together outside of court often leads to better outcomes.
- [New Marriage after Divorce? What to Consider](https://merlinlaw.com/new-marriage-after-divorce-what-to-consider/): Before you remarry after a divorce, take time to reflect on your emotional, financial, and family needs. Consider protecting your assets, maintaining healthy relationships, and planning for the future so you can move forward with confidence and peace.
- [6 Things to Know About Divorce in Florida](https://merlinlaw.com/6-things-to-know-about-divorce-in-florida/): Divorce in Florida is shaped by legal statutes and rules, but you and your spouse can create private agreements that fit your family’s needs. By using Mediation or Collaborative Divorce, you can protect personal details, save time and money, and build solutions that work better for everyone.
- [What Is a Cohabitation Agreement and Do We Need One?](https://merlinlaw.com/what-is-a-cohabitation-agreement-and-do-we-need-one/): If you and your partner live together but are not married, you may not have any legal rights or protections in the event of a breakup or unexpected life event. A cohabitation agreement is a written contract that outlines how you want to handle shared property, finances, and other personal matters.
- [Divorce: Why Do I Need a QDRO?](https://merlinlaw.com/divorce-why-do-i-need-a-qdro/): If you or your spouse has a retirement plan through an employer, dividing that account in a divorce requires more than just including it in your settlement agreement. In many cases, you will need a specific court order called a QDRO. Without it, the account cannot be legally divided, and that can lead to problems long after your divorce is finalized.
- [Can I Change My Will During Our Divorce?](https://merlinlaw.com/can-i-change-my-will-during-our-divorce/): You may be wondering whether you can change your will while going through a divorce in Florida. The short answer is yes, but there are limits and important considerations to keep in mind. Making changes without understanding the legal consequences could lead to confusion or even unintended results.
- [How to Divide Complex Properties in a High Asset Divorce](https://merlinlaw.com/how-to-divide-complex-properties-in-a-high-asset-divorce/): If you are going through a high asset divorce, it is important to understand the unique challenges that come with dividing more than just basic property. When a divorce involves significant wealth, dividing assets is more involved than simply splitting things down the middle.
- [Divorce: What Are We Going to Do About the House?](https://merlinlaw.com/divorce-what-are-we-going-to-do-about-the-house/): When going through a divorce, one of the biggest questions you are likely to face is: What are we going to do about the house? For many couples, the house is the most valuable asset you own. Deciding how to handle it will take thought, cooperation, and clear information.
- [Why You Should Tell Your Divorce Lawyer Everything](https://merlinlaw.com/why-you-should-tell-your-divorce-lawyer-everything/): When you hire a divorce lawyer, you expect them to give you the best advice possible. But if you don’t share every detail, they won’t have the full picture. Holding back information, whether it is because you are afraid, embarrassed, or unsure what might happen, can put your case at risk. Your attorney can only provide sound legal guidance when they know all the facts.
- [What You Gain From Being Nice in Your Divorce](https://merlinlaw.com/what-you-gain-from-being-nice-in-your-divorce/): How you choose to treat your spouse during your divorce can shape the entire process and affect your future relationship. While emotions run high, choosing to be respectful and kind will make a significant difference in the divorce process. Historically, divorce was about fighting for everything, with legal battles focused on conflict leading to long and expensive battles. However, when you choose to take a different approach, you can set yourself up for a smoother transition and you can save money in the process.
- [Pets and Divorce: What You Need to Know](https://merlinlaw.com/pets-and-divorce-what-you-need-to-know/): In Florida, pets are considered property during a divorce. This means that your beloved dog, cat, or other pet is part of the marital assets to be divided between you and your spouse. While this legal approach might make sense on paper, it doesn’t capture the emotional connection you and your children share with your pet.
- [Is It Possible to Have a Respectful Divorce?](https://merlinlaw.com/is-it-possible-to-have-a-respectful-divorce/): Divorce is a major life change, but it doesn’t have to be filled with hostility. How you approach the divorce process will shape your future and impact those around you. By choosing respect and cooperation, you can work toward a fair resolution while reducing stress, unnecessary conflict and the cost of the divorce. This kind of thoughtful approach to your divorce will help you both move forward with your dignity intact while protecting important relationships along the way.  Here are 5 tips to divorcing with respect:
- [How to Handle Divorce When a Business Is Involved](https://merlinlaw.com/how-to-handle-divorce-when-a-business-is-involved/): When a business is part of your divorce, you face unique decisions that can significantly impact your financial future. Understanding your options and approaching the process with the right strategy can help protect your interests and ensure the business remains a valuable asset.
- [Co-Mingled Property in Divorce: What It Is and How to Handle It](https://merlinlaw.com/co-mingled-property-in-divorce-what-it-is-and-how-to-handle-it/): Dividing assets during a divorce can be a complicated process, especially when it comes to co-mingled property. Co-mingling happens when separate assets, like property you owned before your marriage, are mixed with marital assets during the marriage. This can happen with bank accounts, businesses, real estate, and more. Understanding how to handle co-mingled property is important to make sure assets are divided fairly through a divorce.
- [Understanding Uncontested Divorce](https://merlinlaw.com/understanding-uncontested-divorce/): In some divorces, both spouses are able to agree on important matters without conflict. When that’s the case, an uncontested divorce can be a smooth and efficient process. Understanding how this option works can help you decide if it’s the right path for you.
- [How Your Divorce Impacts Your Adult Children](https://merlinlaw.com/how-your-divorce-impacts-your-adult-children/): If you are an older couple going through a divorce it is important to know that it can create challenges for your adult children. They may feel stuck in the middle or be struggling to adjust to changes in your family. These difficulties can influence their well-being and future relationships. Here is why it is important to understand how your divorce may impact your adult children.
- [My Best Divorce Advice](https://merlinlaw.com/my-best-divorce-advice/): I have been practicing law since 1979.  Over that time, I have been involved in many divorce cases. Here is what I know: Taking the right steps now can help reduce stress and set the stage for a smoother divorce process. How you handle your divorce will make things either harder or easier for everyone involved, including children.
- [How to Have a Child-Centered Divorce](https://merlinlaw.com/how-to-have-a-child-centered-divorce/): When children are part of a divorce, it is important to focus on their needs and feelings every step of the way. A child-centered divorce means making decisions in your divorce that will benefit your children and reduce any harm that may come to them from the divorce. Here are some practical ways to take care of your children’s well-being during this time.
- [Avoiding the F-Word (Fair) in Divorce](https://merlinlaw.com/avoiding-the-f-word-fair-in-divorce/): When going through a divorce, one word you should steer clear of is "fair." It’s easy to think that everything should be divided equally or justly, but what feels fair to you may not feel fair to your spouse, and vice versa. Everyone’s sense of fairness is different, shaped by personal experiences, expectations, and individual circumstances. The concept of fairness in divorce is highly subjective and can lead to frustration if both parties aren’t on the same page.
- [How to Preserve Relationships with Your Children, Family and Even Your Ex-Spouse](https://merlinlaw.com/how-to-preserve-relationships-with-your-children-family-and-even-your-ex-spouse/): A divorce can change the way you interact with those around you, but it doesn’t have to end the meaningful relationships in your life. By practicing patience and prioritizing respectful communication, you can maintain strong bonds with your children, family, and even your ex-spouse. Here are some steps to help you keep those connections healthy during and after the process.
- [Are Prenuptial Agreements Worth It?](https://merlinlaw.com/are-prenuptial-agreements-worth-it/): When planning your marriage, a prenuptial agreement might feel like an unnecessary expense. However, investing in a prenup can save you significant stress, time, and money down the road by avoiding costly legal battles over assets and other financial issues. It’s a proactive step to protect your future and increase the likelihood of peace of mind for both you and your partner.
- [Dealing with Trust Issues During the Divorce Process](https://merlinlaw.com/dealing-with-trust-issues-during-the-divorce-process/): Divorce can intensify trust issues, especially if trust was already broken through infidelity, financial dishonesty, or other challenges. While it may seem impossible to rebuild trust during such an emotional time, it is essential for reaching an agreement and moving forward with less stress. Here’s how to approach trust issues constructively.
- [What is the Difference Between Collaborative Divorce and Litigated Divorce?](https://merlinlaw.com/what-is-the-difference-between-collaborative-divorce-and-litigated-divorce/): When facing the end of a marriage, one of the biggest decisions you’ll make is how to handle the divorce process. Two common paths are Collaborative Divorce and Litigated Divorce, and the differences between them are significant.
- [Why Is January the Start of Divorce Season?](https://merlinlaw.com/why-is-january-the-start-of-divorce-season/): January is widely recognized as the start of "divorce season." Divorce season means there is a significant increase in the number of new divorce cases filed in the first part of the year.  The reasons for the increase are in part a matter of timing. After the busy holiday season, many people are ready for a fresh start.  For some, it is time to face issues in their marriage and decide that it is time to move on.
- [4 Common Misconceptions About Divorce](https://merlinlaw.com/4-common-misconceptions-about-divorce/): Many people have misconceptions about what to expect while going through a divorce.  Understanding the truth about divorce can help you get through the process more smoothly and to make informed decisions. Here are four of the most common misunderstandings about divorce.
- [How Do You Divide Property in a Florida Divorce?](https://merlinlaw.com/how-do-you-divide-property-in-a-florida-divorce/): In a Florida, property division in a divorce may seem like a big task, but Florida law can help to make it more manageable. This blog explains how you make property decisions, helping you approach the process with clarity and confidence.
- [How to Have a Win-Win Divorce](https://merlinlaw.com/how-to-have-a-win-win-divorce/): Divorce is a big life change, but how you approach your divorce can allow you both to walk away feeling satisfied with the end result. A “win-win” approach to your divorce encourages cooperation, reduces conflict, and provides a clear path forward that is in the best interest of everyone.
- [4 Tips for Handling Divorce During the Holidays](https://merlinlaw.com/4-tips-for-handling-divorce-during-the-holidays/): Going through a divorce during the holidays will make things feel different. But with some planning and a focus on your family, you can help make this holiday season easier, especially if you have kids.
- [Podcast: Promoting the Collaborative Process Through Law & Leadership](https://merlinlaw.com/podcast/): In this episode, Bob gives a detailed and inspiring explanation of exactly what the Collaborative Practice is, how it works and why it’s such a valuable approach to divorce and other (often legal) matters. Bob shares what it was like to be a hard-nosed litigator for so much of his legal career and how he then came to learn of the Collaborative Process.
- [A Guide to Communicating with Your Spouse in Divorce](https://merlinlaw.com/a-guide-to-communicating-with-your-spouse-in-divorce/): How you communicate with your spouse during the divorce process can make a big difference in the outcome of your case. Here is a simplified guide to help you manage these interactions smoothly, outlining key do's and don'ts for communication.
- [Divorce: When People Fight Over Little Things](https://merlinlaw.com/divorce-when-people-fight-over-little-things/): Divorce is one of the most emotional times of anyone’s life and sometimes, these emotions lead to arguments over trivial things.  It is understandable to feel strongly during such a stressful time, but arguing over every little detail can make an already difficult situation even worse, and it can cause you to spend more money on attorney’s fees. Here are some of the pointless things people fight over during a divorce and how to avoid making the same mistakes.
- [Why Every Couple Should Consider a Prenup](https://merlinlaw.com/why-every-couple-should-consider-a-prenup/): You might think prenuptial agreements are just for the rich and famous, but that's not the case. Whether you're just starting your career, or you already have some assets, a prenup can be beneficial for your marriage. Even if you don’t have significant wealth now, a prenup can protect future income or assets you might inherit or acquire during your marriage.
- [Jennifer Lopez and Ben Affleck Didn’t Have a Prenup-Should you?](https://merlinlaw.com/jennifer-lopez-and-ben-affleck-didnt-have-a-prenup-should-you/): A prenuptial agreement, or "prenup," is a legal document that sets the terms for dividing assets and financial responsibilities in case of a divorce. While some couples, like Ben Affleck and Jennifer Lopez, may forgo such an agreement, having a prenup can protect both parties and prevent complicated legal battles down the road. It’s not just for celebrities—anyone can benefit from the predictability a prenup offers.
- [Is the Role of the Attorney Different in Collaborative Divorce?](https://merlinlaw.com/is-the-role-of-the-attorney-different-in-collaborative-divorce/): In a Collaborative Divorce, your attorney's role extends beyond traditional legal representation. Your attorney is an essential partner in helping you and your spouse reach a peaceful resolution. Here's how this unique approach works.
- [How Much Does a Divorce Cost?](https://merlinlaw.com/how-much-does-a-divorce-cost/): One of the biggest concerns about a divorce is the cost. Unfortunately, it is nearly impossible to accurately predict the cost of a divorce because the expenses can vary widely based on several factors.  Here's a breakdown to help you understand what you might expect when divorcing in Florida and steps that you can take to manage the costs.
- [Collaborative Divorce: Negotiating Parenting Issues and Child Support](https://merlinlaw.com/collaborative-divorce-negotiating-parenting-issues-and-child-support/): Children in a divorce case can make the divorce more challenging and more emotional.  The Collaborative Divorce Process offers a more amicable and efficient way to handle parental responsibility, time-sharing and child support issues. Here's how to use Collaborative Divorce to effectively work through child related decisions.
- [Collaborative Divorce: The Role of the Facilitator](https://merlinlaw.com/collaborative-divorce-the-role-of-the-facilitator/): In a Collaborative Divorce, one of the most important roles is that of the Facilitator. Understanding the Facilitator's responsibilities and how they help guide the process can make a significant difference in achieving a peaceful and amicable resolution. Here's what you need to know about the role of a Facilitator in a Collaborative Divorce.
- [Collaborative Divorce: The Role of the Financial Professional](https://merlinlaw.com/collaborative-divorce-the-role-of-the-financial-professional/): In a Collaborative Divorce, a neutral financial professional plays an important role in ensuring that both you and your spouse can move forward with financial clarity and security. Their involvement brings numerous benefits and helps make the divorce process smoother and more efficient. Here's how the neutral financial professional will assist you during this time.
- [The Advantages of No-Fault Divorce in Florida](https://merlinlaw.com/the-advantages-of-no-fault-divorce-in-florida/): Divorce is never easy. But in Florida, the divorce process is made a bit more manageable through the no-fault divorce law. This approach means that neither you nor your spouse has to prove that the other did something wrong to end the marriage. Instead, you can simply state that the marriage is irretrievably broken, and that's enough for the court to grant a divorce.
- [How To Be In Control Of Your Future In Divorce](https://merlinlaw.com/how-to-be-in-control-of-your-future-in-divorce/): Divorce doesn't mean you have to surrender control of your future because a judge will make decisions about your future.  Instead, by choosing the right approach to your divorce and by focusing on cooperation, you can steer the course of your divorce in a way that aligns with your goals. Here’s how you can take the reins.

## Pages
- [Podcasts](https://merlinlaw.com/podcasts/): Podcasts Schedule a Consultation305-448-1555
- [Videos](https://merlinlaw.com/videos/): Videos Schedule a Consultation305-448-1555
- [Robert J. Merlin](https://merlinlaw.com/robert-j-merlin/): Known for helping clients reach a settlement or enter into agreements, Bob Merlin is committed to helping his clients to resolve divorces and other family law issues in the least adversarial ways possible.
- [Firm Overview](https://merlinlaw.com/firm-overview/): At the Law Offices of Robert J. Merlin, P.A., we are passionate about helping our clients successfully resolve their family disputes and favorably position themselves for the future. Through compassionate understanding, education, and a focus on out-of-court settlements, Bob Merlin and his staff help guide clients through the complex areas of divorce, paternity, prenuptial agreements, cohabitation agreements and similar family matters.
- [Blog](https://merlinlaw.com/blog/): Blog Schedule a Consultation305-448-1555
- [Alimony](https://merlinlaw.com/alimony/): Alimony is an issue that is addressed in many divorces. From the beginning of our representation, we are concerned with our client’s possible entitlement to receive or obligation to pay alimony. Alimony may be temporary (perhaps while a divorce action is pending), rehabilitative (to enable a party to become totally or more self-sufficient), durational, bridge-the-gap, or lump sum. We advise our clients of the likelihood they will receive or be required to pay alimony. This affects how we handle the settlement negotiations of the case.
- [Child Support](https://merlinlaw.com/child-support/): Child support is an issue that must be addressed by the parties whenever minor or dependent children are involved in a divorce or a paternity matter. Florida Statutes §61.30 sets forth the Child Support Guidelines, the basic starting place for all child support calculations. The calculation of child support typically takes into consideration the monthly income earned by both parents from all sources, the taxes paid by each parent, the cost of each parent’s medical insurance, and the cost of the children’s medical insurance. Child support typically covers the cost of a child’s basic necessities, such as housing, food, clothing, transportation, entertainment, the cost of the children’s medical insurance and any special needs of a child. Another factor that must be considered is the number of overnights the children will spend with each parent. Child support typically does not cover the costs of a child’s private school education, medical expenses that are not paid for by medical insurance, tutoring, private lessons, therapies, extra-curricular activities, cars, quinces, Bar and Bat Mitzvahs, religious educations and celebrations, and other similar extraordinary expenses. These expenses should be discussed by the parents and they should agree how they will be paid in a settlement agreement, to avoid future disputes.
- [Time Sharing & Parenting Plans for Children](https://merlinlaw.com/time-sharing-parenting-plans-for-children/): The timesharing of children is frequently a significant issue to our clients in divorce matters, paternity cases, relocation and timesharing (formerly known as custody) modification actions. Throughout such proceedings, we encourage both parents to consider the best interests of the children. This type of case is usually emotional and sometimes requires the use of mental health professionals and/or a Guardian Ad Litem.
- [Equitable Distribution](https://merlinlaw.com/equitable-distribution/): The division of assets and liabilities of a marriage is an important aspect of a divorce. Equitable distribution is the identification, valuation and division of marital assets and liabilities. Under Florida law, the starting point is to equally divide the value of the marital assets and liabilities that were accumulated during the marriage.
- [Cohabitation Agreements](https://merlinlaw.com/cohabitation-agreements/): More and more couples are choosing to live together without getting married. Laws typically address divorces and paternity matters, but they usually do not address situations where a couple simply lives together. Without being married, a judge cannot award alimony, but child support can be awarded if the couple has minor children together. There are no marital assets when a couple is not married, so a judge cannot divide assets that are accumulated while an unmarried couple lives together unless they already own them jointly. The couple can, however, enter into a Cohabitation Agreement, or Partnership Agreement, through which the couple creates rights and obligations between themselves, and the agreement can address what happens if the couple separates or one of them dies. At Robert J. Merlin, P.A., we can help a couple enter into an agreement that addresses support, the division of assets and liabilities, the payment of attorneys' fees, and inheritance rights upon the death of one of them, thereby giving the couple rights and powers they would not have without such an agreement.
- [Pre- & Post-Nuptial Agreements](https://merlinlaw.com/pre-post-nuptial-agreements/): Sometimes, before or during a marriage, an individual wants to protect his or her assets and income from the claims of a future or current spouse. Under these circumstances, we will negotiate and prepare a Pre or Post-Nuptial Agreement.
- [Reconciliation](https://merlinlaw.com/reconciliation/): Although it may seem odd for a divorce attorney to talk about reconciliation, we have an ethical obligation to discuss all alternatives with our clients. Sometimes, a client thinks they have no choice other than to dissolve their marriage when in reality, they may only need therapy or to learn better communication and listening skills. We always ask our clients if they have explored every avenue before pursuing a divorce, including reconciliation. When appropriate, we will refer our client, the other spouse and even children, to a qualified mental health professional, couples therapy or another type of therapy. Of course, whether to pursue a reconciliation is our client’s choice. We will not interfere with our client’s desire to reconcile or terminate their marriage.
- [Settlement Negotiations & Agreements](https://merlinlaw.com/settlement-negotiations-agreements/): The vast majority of family cases are settled out of court. Settlement negotiations may take place through face-to-face meetings between the clients or with attorneys. The most efficient way to negotiate is directly with your spouse or partner. Settlement negotiations differ from litigation because they reduce the back and forth communications between lawyers and allow for more efficient and productive communications.
- [Mediation](https://merlinlaw.com/mediation/): Mediation is a voluntary process through which you make decisions with your spouse or partner based upon an understanding of each other’s views, interests and the realities you both face.
- [Collaborative Divorce Process](https://merlinlaw.com/collaborative-process/): The Collaborative Divorce Process differs from traditional litigation because it promotes mutual respect and gives control of the process to the parties, not a judge.
- [Divorce or Dissolution of Marriage](https://merlinlaw.com/divorce-dissolution-of-marriage/): Couples marry with the intent that their marriage will last forever. However, sometimes a party is better off dissolving their marriage rather than staying in an intolerable relationship. Florida is a no-fault state, which means no grounds or reasons are necessary to obtain a divorce. Florida basically has three requirements for a divorce:
- [Divorce Options](https://merlinlaw.com/divorce-options/): In South Florida, five out of ten first-time marriages end in divorce. This rate increases for second marriages to six out of ten. In most cases, property must be divided and support must be negotiated and in many cases, the issues of child support, parenting and timesharing must also be resolved.
- [Home](https://merlinlaw.com/): “Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.”- Abraham Lincoln
- [Contact](https://merlinlaw.com/contact/): Law Offices of Robert J. Merlin, P.A.