A divorce, whether uncontested or contested, can be extremely stressful. The decisions you make during your divorce can affect the rest of your life. Before agreeing to anything you should consult an experienced attorney.
There are two types of divorce in Florida, (1) simplified or uncontested divorce and (2) contested divorce. To get either type of divorce the parties must show that they are legally married, one spouse resided in Florida for at least six months prior to filing the petition for divorce, and that the marriage is irretrievably broken (meaning there is no chance of fixing the marriage).
- Simplified/ Uncontested Divorce: For a simplified/ uncontested divorce the parties must agree that they have no issues for the court to resolve and simply require the judge’s signature so they can be divorced. This type of divorce is usually the fastest and most cost effective. Although the parties may agree on all issues they should still consult with an experienced attorney to make sure there are no issues they failed to consider. It is also a good idea to retain an attorney to make sure all required paperwork is filed with the court, this will avoid long and frustrating delays.
- Contested Divorce: A contested divorce is quite simply a divorce in which the parties do not agree on all issues. The three most common things that couples fight over are (1) alimony, (2) children, and (3) property.
Contact Victor and rest assured you have an experienced attorney in your corner.
Florida has six types of alimony. The two things that these six have in common are that they (1) require the parties to be legally married and (2) are based on one spouses ability to pay and the other’s need for assistance. The six types of alimony are:
- Temporary alimony: Is alimony giving for the purpose of helping one spouse pay their expenses from the filing of divorce through the end of the divorce process. These expenses can include the spouse’s attorney fees.
- Durational alimony: Is alimony giving for a specified duration which is usually short in time.
- Bridge the gap alimony: Is intended to assist one spouse make the transition from married life to single life. This alimony cannot exceed two years.
- Rehabilitative alimony: Is alimony giving to one spouse to help them acquire skills to become financially independent. In order to obtain this type of alimony the spouse seeking it must provide the court with a detailed plan, such as the school they plan to attend and what skills they will be obtaining.
- Lump sum alimony: Is a onetime payment. This type of alimony is usually awarded to offset the distribution of assets.
- Permanent alimony: Is alimony that in theory will last for as long as both parties are living or until the spouse ordered to pay alimony reaches the age of retirement and retires. Parties must usually be married for at least 17 years before courts will consider awarding this.
The above is just a summary of Florida alimony laws and should not be relied on as legal advice. The laws governing alimony can be found in Florida Statutes Section 61.08. As alimony is usually up to the judge’s discretion the retention of an attorney can be extremely advantageous. Get in contact with an attorney today, contact Victor.
Children and the State
Florida has transitioned from a state that deals with custody of children to a parenting plan state. A parenting plan allows for the court to make decisions based on the best interest of the child. A parenting plan will establish time sharing for the parents and their parental responsibilities.
Deciding what’s in the best interest of a child normally comes down to each parent’s ability to communicate the same set of facts in their favor. When deciding if you should hire an attorney you should consider that an attorney, through their training, can usually do a better job at turning the same set of facts in their clients favor more so than a non-attorney. Victor has years of family law experience. Let him put his knowledge to work for you.
The manner in which property is divided at the end of a marriage depends on when the property was obtained. Knowing when the property was acquired is important as to allow for accurate classification of the property. Property can be classified in three categories: (1) property obtained before the marriage; (2) property obtained during the marriage; and (3) mixed property which is a combination of the prior two.
- Property obtained before marriage: Will usually belong to the party that acquired it.
- Property obtained during marriage: Florida recognizes the law of tenancy by entirety. In laymen terms this means that property acquired during the marriage belongs to both parties it doesn’t matter who acquired it. Exceptions to this rule are property obtained by inheritance, third party gifts, or property the parties specify, when obtaining it, are to be separate.
- Mixed property: Is property owned by one spouse before marriage that they continue to contribute to during marriage. Division of mixed property depends on the percentage of contribution made before marriage verses the contribution made during the marriage.
Property should be divided equally between the parties however judges have the discretion to divide differently based on the facts. Retaining an attorney may improve your chances of obtaining a favorable distribution. Contact Victor protect your interest today.