Divorce
Each Divorce is a special case and in our office we can help you in every detail.
Divorce
Divorces are the end of your marriage. It is heartbreaking and we know it. We want you to feel secure, calmed and conscious about the decision you are making. The difficulty of the process will depend on the parties. Sometimes you might want to divorce, sometimes you don’t. We help you cope with the situation. We believe that talking can solve many problems. Agreements in the process can help you go through it amicably. An end can be established without hurting more.
To divorce in Florida one of the parties must be a resident for at least 6 months. Florida is a “No Fault” State, which means for example you cannot claim that the reason for divorce is adultery. There are 2 reasons for divorce: Irretrievably broken (the court will inquire and both parties must agree) or mental incapacity (the court requires that 3 years pass from the adjudication of incapacity). There are 2 types of divorce: uncontested divorce and contested.
An uncontested divorce is the dissolution of a marriage without children, where both parties agree the marriage is “irretrievably broken”. A contested divorce happens when there is a minor child involved or when one party denies that the marriage is irretrievably broken. In this case counseling will be ordered, the proceedings will be continued for a reasonable length that will not exceed 3 months or take actions that will be in the best interest of the parties. In addition, a final hearing will be required. In the hearing each party will present their evidence and testimony to the judge. Everything said in the hearing will be public.
Our office encourages the collaborative practice. In this process the parties enter into an agreement. The agreement must establish all the issues and how to solve them. It will contain everything from the parenting plan, division of assets, alimony, child support to the attorney’s fees and costs.
The emotions while in the proceedings will be fluctuating and we want you to know that we are here as counselors and advisors to guide you through the difficult times.
Contact us today, for a consultation at (813) 908-1313.
What you will have to do when filing for divorce?
A completed financial affidavit and certain financial documents
A completed child support guidelines worksheet.
This to consider when filling for divorce
- Your children (Time-sharing, child support, Parenting Plan)
- Distribution of Property (assets and debts)
- Alimony
- Tax Considerations (dependency deduction, taxability and the deductibility of child support, effect of property transfers)
- Restoring your name
When you have children
When you have children, the court will request a Parenting Plan. It will also request parents attend a parenting course when finalizing the marriage.
Florida’s public policy is that bath parents have contact and share the rights and responsibility with their children. Parents can decide how they will take responsibility. If the parents don’t agree the court will determine.
The areas to consider when determining responsibilities are the daily tasks of raising your child, the time-sharing schedule and the authority who is going to decide in regards to health care, school and extracurricular activities.
Distribution of Property
Florida follows the presumption that marital assets and debts are property of the couple and therefore divided in half. Distribution of the assets and debts might the most difficult part of a divorce if the parties do not have an agreement. Not only assets (any property gained through the marriage) but debts (liabilities or money owed to third parties) are considered when distributing the properties.
If there are any assets or debts before the marriage, they will not be part of the division and will stay with the owner of such right. In this case a process will start in which the court will consider a list of factors to determine how the distribution will be. This is called equitable distribution and it is used to be fair with the parties and their contributions.
Alimony
Alimony is granted to either spouse only when a need is demonstrated to the court and the other party has the means to pay.
There are 4 types of alimony based on the time of marriage:
- Bridge of the gap- helps to make a transition from married to single. (for no longer than 2 years)
- Rehabilitative alimony – to help establish capacity for self-support. (redeveloping skills or credential or acquiring education to be able to work)
- Durational alimony – when permanent periodic alimony is appropriate. (periodic assistant for a set period of time)
- Permanent alimony – for a spouse who lacks the financial ability to meet the need and necessities of life after divorce.
When determining the type of alimony, the court will evaluate different factors such as: the duration of the marriage, the prior standards of living, financial resources, the time necessary to find appropriate employment, the age and the condition, both physical and emotional, and any other factor they deem necessary.
The court will evaluate the duration of marriage to determine the type of alimony you can qualify for:
- Short term marriage – less than 7 years
- Moderate term marriage – +7 years but less than 17 years
- Long term marriage – +17 years
In the end after presenting the evidence to the court as to why alimony is needed and the ability of the other party to supply it the court will evaluate all the factors and determine if it is require, what is more convenient and if a combination of various types of alimony is needed.
Contact us today, for a consultation at (813) 908-1313.