Contact us today to get started with an initial consultation. Florida Recognizes 3 Types of Divorce: 1. Simplified Dissolution of Marriage This type of divorce is rarely granted.
Uncontested Divorce This type of divorce is only available if you and your spouse are able to agree on all decisions regarding the divorce. Contested Divorce This type of divorce is the most common.
When dividing assets in a divorce, only property that is categorized as marital property will be considered. Separate property is not subject to property division. However, there are certain instances where separate property can become marital property.
For example, if separate property was used to increase the value of a marital asset, it could be comingled together, thus making it marital property in the divorce.
Instead of filing for a divorce, you petition for dissolution of marriage in order to terminate a marriage. Most lawyers will also demand an upfront retainer fee before any work is done. These "unearned funds" allow the lawyer to start working on the case immediately.
Additionally, most lawyers will charge a flat fee for an initial consultation. The exact price depends on the length and complexity of the divorce. Yes, Florida allows for courts to order one spouse to pay for the other spouse's reasonable attorney fees when filling for a divorce. Both parties may request that the other pays for the respective attorney fees. If you wish to request that your spouse pays for your attorney fees, you must do so when filing a petition of dissolution of marriage or in your answer to one.
If a respondent does not reply within 20 days, the petitioner can file a Motion for Default. This lets the court know the respondent has not filed an answer within the day deadline window. This is why it is critical to respond in a timely manner. Petitioners will request a final hearing after the default motion is granted and this means the judge will grant the divorce requests that are in the original petition.
The exception to this rule is when children are involved. Judges do not like to grant divorces based on defaults, so if a respondent can meet a standard for excusable neglect or made a demonstrated attempt to obtain relief from default by working with an attorney and submitting proper documentation, then a default may also be set aside. When domestic violence is present in a marriage in Florida, it can come about as a result of any kind of physical abuse, emotional abuse, stalking, or any other kind of harassment including those made through phone calls, mail, or social media inflicted on one spouse by the other.
Above and beyond how it impacts a marriage, when a person is a victim of domestic violence, their first priority should be to protect themselves and any family members who are at risk, no matter how remote the possibility might be.
If you are in immediate danger, call the police. In all cases, where the threat is real, you must take your children and leave the residence where the abuser is living. You should immediately seek to have a temporary restraining order put in place which will prevent the abuser from taking any violent actions against you, including stalking or making threats.
Domestic violence will most certainly have an impact on child custody and visitation rights in Florida. A judge will not order shared custody where the threat of violence may be present.
This can be documented by presenting evidence of a prior conviction on a charge of domestic violence or evidence that domestic violence exists, even without a conviction. You will need to get coverage from another source. You may be able to negotiate a spouse paying for health insurance as part of spousal support or you can also apply for COBRA benefits which is a law that protects people from losing health coverage during major life transitions.
If you are low income, then you might be able to get coverage through Medicaid. However, if a spouse has committed adultery, then the other spouse may use that as leverage in making child custody decisions because it could be argued that adultery could have an adverse impact on any children in the marriage.
Certain state and federal laws come into play if a member of the military is involved in a divorce in Florida. The grounds for a military dissolution of marriage are the same as for a civilian divorce.
Once forms have been filed to begin the divorce, copies must be served on the spouse to give him or her a chance to respond. When one spouse is in the military, they have certain protections afforded to them by the Servicemembers Civil Relief Act that allow them to postpone the divorce while they are overseas or otherwise not able to adequately respond to the petition due to military service commitments.
Child support is determined using normal Florida child support guidelines and worksheets to determine an appropriate amount that must be paid. For a spouse to receive any of the service members pay, they must have been married for at least 10 years while the service member was on active duty.
Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets. You can email him at jason survivedivorce. Survive Divorce is reader-supported. Some links may be from our sponsors.
Divorce Laws in Florida Marriages in Florida can end through an annulment or by divorce. Only marital property generally all assets acquired during the marriage is considered for equitable division.
But there are exceptions. I recommend 3StepDivorce. Separate property is defined as an asset that was acquired before a couple was married or acquired after the date of separation.
Gifts In Florida, any gifts that were given to one spouse either before a marriage or after the date of separation are considered separate non-marital property and not subject to a division of assets. Inherited Property Inheritance may or may not be considered a marital asset in Florida.
When a divorce in Florida takes place, assets that are legally deemed separate property do not need to be considered among the assets that need to be divided equitably between spouses.
Support Issues Alimony in Florida During a Florida divorce, the court may grant either permanent or rehabilitative temporary and for a fixed period alimony to either spouse.
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