Free divorce advice for florida
The issues concerning the minor child may include, but are not limited to, the child's education, health care, and physical, social, and emotional well-being. In creating the parenting plan, all circumstances between the parties, including the parties' historic relationship, domestic violence, and other factors must be taken into consideration. The parenting plan shall be developed and agreed to by the parents and approved by a court or, if the parents cannot agree, established by the court. Both you and your spouse have a responsibility to support your children in accordance with the children's needs and your individual financial abilities.
Support may be by direct payment or by indirect benefits, such as mortgage payments, or insurance. In addition, reasonable medical and dental insurance is added to the basic child support amount. Uncovered medical expenses can be shared on a pro-rata basis proportional to the income of each individual parent. Ordinarily, the obligation to support your child ends when that child reaches 18, marries, or becomes financially independent.
The parties can agree to pay beyond 18 years of age or in regards to a child's college education. The courts use the Florida Child Support Guidelines to determine the amount of child support. The guidelines consider the incomes of the parties and the number of children that they have.
After you have a court order for child support or visitation Time Sharing or if there is a substantial change in circumstances regarding these issues or if you have a problem getting support payments from your spouse or former spouse, or visitation time sharing and access to your child is denied, you should bring this matter to the attention of the court.
It is not a proper reason for withholding visitation or child support payments because of any wrongdoing by your spouse or former spouse. Also, you might be able to modify the existing child support, time sharing schedule order that is in place. Read more information on Father's Rights in Child Support. One of the most difficult and complex areas of dissolution process is the division of marital property, sometimes called the marital estate.
The amount of any pay down in the mortgage and note on a non-marital home is now considered a marital asset subject to distribution if the mortgage was paid with marital funds. Additionally any appreciation of the home during the marriage would be considered a marital asset. In essence, the marital property should be divided fairly or equitably not necessarily equally between the parties regardless of how the property in question may be titled.
The division is based upon all facts of the case and the contribution of both spouses to the marriage. The division of marital property or estate as sometimes called is any asset acquired during the marriage by the efforts of one or both parties. This property is considered in conjunction with all other monetary awards such as alimony and interests in property.
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Other factors include If you cannot agree, the court will divide the property after a trial. Some forms of alimony are for a temporary period. Rehabilitative alimony may be for a limited period of time to assist in redeveloping skills and financial independence. Permanent alimony continues until the spouse that is receiving the alimony remarries or upon the death of either party.
Also the court may order lump-sum alimony. That is where one party pays the other party a lump-sum payment of money or property. Although adultery does not bar an award of alimony, the court may consider the adultery of either spouse, and the circumstances of that adultery, in determining the amount of alimony to be awarded.
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The court has the option of considering any other factor it deems necessary to do equity and justice between the parties. You have the right to find out about all your spouse's income and assets through the use of discovery procedures before entering into a settlement agreement or going to trial. Money spent litigating can be directed to your children if you and your spouse were able to agree at an early stage of the dissolution process. At an initial meeting, your attorney should be able to provide an estimate of the total cost of a dissolution based on the information you provide.
The cost will depend on how contested the issues that you cannot resolve become. You and your lawyer will enter into a retainer agreement. The lawyer is responsible to move your case along and represent your interests. The lawyer expects you to pay his fees and the costs of litigation in accordance with the agreement you make.
Occasionally the court will order your spouse to pay part or all of your fee and costs, but such awards are unpredictable and cannot be relied upon. You are primarily responsible for the payment of your legal fees that are incurred on your behalf in accordance with your retainer agreement. In a Florida divorce, it is illegal for an attorney to work on a contingency fee basis.
For instance the lawyer cannot charge a fee that is a percentage of the property you recover in the dissolution of marriage. You may go to court yourself for an injunction to protect yourself or a family member against assault, battery or sexual battery by your spouse whether you are separated or not or your former spouse. If you feel you are the victim of such domestic violence , you should immediately contact the office of the clerk of the circuit court in your county for information and assistance. The parties must consider the tax consequences of divorce and the distribution of assets and liabilities.
You must consider the dependency deduction for children, taxability and deductibility of child support and alimony, and effects of property transfers. It is important to find out how these laws affect you before you get divorced. Afterwards, it may be too late to correct mistakes that have been made. Sometimes an accountant or financial planner needs to be consulted in conjunction with your attorney. The question of who should pay mortgage payments, income tax liabilities, credit card debts, personal loans, car payments and other debts must be considered and dealt with.
After a regular dissolution of marriage that has been decided by a judge, if you feel the judge's decision was incorrect, you may appeal that decision, provided that certain procedural steps are taken. Judges have broad discretion in divorce cases.
Just because you do not like the judge's decision is not a reason for an appeal. If the trial judge makes an error of law, or has abused his or her discretion, the decision may be reversed. It is also a very costly process to appeal a judges' decision. If you already have a lawyer calling him or her is a good place to start. Call and ask for an appointment for consultation. Your lawyer can review your legal rights and advise you how to proceed.
Your family lawyer can not represent both you and your spouse. In fact, if the lawyer has been your family lawyer there may be a conflict of interest and the lawyer cannot represent either of you. It is unethical for an attorney to represent both sides in a divorce and to give legal advice to both the husband and the wife.
Check out our section on Florida Divorce Laws for more information. Email or call and speak to our lawyers about our low hourly rates and to schedule your free consultation. Email Us - Google Review. Give us a call! All that is required is that the marriage be "irretrievably broken". The divorce process is highly emotional and traumatic for everyone involved.
Marriage partners often do not know their legal rights and obligations. But first, we urge you to ask yourself, "Can this marriage be saved? Do you want professional help in working out ways to save your marriage? Understanding The Basics of Florida Divorce Laws Following are details on the individual issues related to divorce matters and how they are dealt with in the state of Florida.
Regular Dissolution Of Marriage Divorce The regular dissolution process begins with a petition for dissolution of marriage, filed with the circuit court by the husband or wife, which states that the marriage is irretrievably broken and sets out what the person wants from the court. Mediation is a procedure to assist in arriving at agreeable terms in the dissolution.
Attorneys have learned it is unrealistic to expect both partners to be "happy" with their divorce. Florida divorce laws provide for an "equitable distribution" of marital property.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advive regarding your own situation. There are many financial effects that a divorce can have on your bottom line. During any initial consultation your attorney will also discuss the costs typically associated with divorce and hiring a family law attorney.faifogadomt.gq
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Securing a fair financial settlement and a reasonable agreement on child time-sharing is in the best interest of both parties and their children. Couples may also have unique issues specific to their situation, such as family businesses that must be valued and divided or prenuptial agreements that must be interpreted or enforced. Family law attorneys will help you to benefit from the current Florida laws with regard to establishing parenting time. An attorney will assist you in dividing marital assets and debts, equitable distribution of marital property, and the determination of what, if any, non-marital pre-marital property exists.
Understanding the divorce laws will help facilitate obtaining a negotiated settlement as efficiently as possible. The ultimate goal is that your Florida divorce will let you begin a new life under the best possible circumstances.
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