Florida divorce things to look for
Finally, some couples cannot agree on much of anything and a trial-with each side presenting its case-is required. The judge makes the final decision on contested issues. Certain Florida couples are eligible to dissolve their marriage by way of a simplified procedure. Couples are responsible, however, for filing all necessary documents correctly, and the couple is required to appear before a judge together when the final dissolution is granted.
If you desire the services of an attorney for this dissolution process, it can usually be completed relatively inexpensively. The simplified dissolution of marriage process is designed for couples who do not have dependent children and have agreed on a division of their property and debts. Therefore, not everyone can qualify.
A husband and wife can use the simplified dissolution of marriage only if:. Couples wanting to use the simplified process must meet all these conditions.
If not, they must use the regular dissolution of marriage process. With a simplified dissolution neither the husband nor the wife can receive support alimony from the other.
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The more complex your affairs and the more contested the issues, the more the dissolution will cost. 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. Your lawyer will expect you to pay a fee and the costs of litigation in accordance with the agreement you make.
One of the most difficult and complex areas of divorce is the division of marital property. Marital property may include cars, houses, retirement benefits pensions , and other things of value. According to Florida law, the marital property should be divided fairly or equitably between the parties regardless of how the title is held.
The division of marital property is considered in conjunction with all other awards of alimony and interests in property. There is no fixed way to determine how you or the court should divide the property. Debts as well as assets must be considered.
Other factors include the nature and extent of the property and whether it is marital property or non-marital property; the duration of the marriage; and the economic circumstances of each spouse. The court may grant alimony to either the husband or the wife.
Rehabilitative alimony may be for a limited period of time to assist in redeveloping skills and financial independence. The court may grant some combination of the two. Also the court may order through lump-sum alimony one party to pay 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. The court may consider any other factor necessary to do equity and justice between the husband and wife.
It is the public policy of Florida to assure each minor child frequent and continuing contact with both parents after the parents have separated or divorced, and to encourage parents to share the rights and responsibilities of child rearing. In most cases, parental responsibility for a minor child will be shared by both parents so that each retains full parental rights and responsibilities with respect to their child. In rare cases, the court can order total parental responsibility and to one parent.
To do so, the court must determine that shared parental responsibility would be detrimental to the child. In considering issues between parents and their children, the best interest of the child is the primary consideration by the courts. You and your spouse each have a responsibility to support your children in accordance with their needs and your financial abilities. Support may be by direct payment or by indirect benefits, such as mortgage payments, insurance, or medical and dental expenses. Ordinarily, the obligation to support your child ends when that child reaches 18, marries, or becomes financially independent.
Some of the issues concerning child support which must be considered include: a the amount of support; b the method of payment; c ways to assure payments are made; d when child support may be increased or decreased; and e who claims the dependency deduction for tax purposes. There are very important tax considerations to be aware of in any divorce, including the dependency deduction for children, taxability and deductability of child support and alimony in their various forms, 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.
Ten Things Florida Residents Should Know About Divorce | gehaja.tk
Often this may require the services of an accountant in conjunction with your attorney. Any debts that the husband and wife may have should also be resolved at the time of the divorce. The question of who should pay mortgage payments, income tax liabilities, credit card debts, personal loans, car payments and other debts should not be overlooked. Even so, the court often considers fault, such as cruel treatment or infidelity, when deciding other family law matters, including:.
There are two different ways to file for a divorce in Florida: a simplified petition and a traditional petition for dissolution of marriage.
Getting a simple divorce in Florida isnt that hard. You and your spouse can only seek a simple dissolution of marriage if:. With a simplified divorce, you and your spouse are essentially both willing to shake hands and walk away. This is called a divorce settlement, which presumes both parties are happy with the terms and can be assured of the end of litigation.
After the settlement has been reached, you and your spouse will have the agreement memorialized in a way that makes it enforceable and legally binding. In regular divorce proceedings, each spouse is privy to examine and cross-examine each other. The forms for filing a regular dissolution of marriage include:. The summons is the document the clerk signs to give the process server the ability to service your spouse, who is viewed as the defendant.
Service refers to the act of giving a copy of the required papers to the other party through the procedures of the law. In general, there are three different types of service:. In the process of filing for a divorce, Florida law requires you to file the following affidavits:. Florida divorce laws require both parties to complete a financial affidavit within 45 days of your petition being served — even if you and your spouse have no property. The financial affidavit will clearly disclose all assets and liabilities. To assist in the completion of this document, make sure to have:.
Consumer Pamphlet: Divorce In Florida
You should also take an inventory of your family possessions and major household expenditures. A detailed household budget will help determine how much temporary support can be paid — if any. It will also provide a basis for the court to determine whether you or your spouse can realistically afford your marital home on your own.
Mandatory disclosure requires each party in a dissolution of marriage to turn over certain documentation with the financial affidavit. You and your spouse must provide these documents to each other within 45 days of serving the petition for dissolution of marriage. Marital assets include any debts or assets amassed during the marriage. All assets and liabilities will be divided fairly or equitably upon divorce equitable distribution. In most instances, whether you or the other spouse wants to keep the marital home to live in with children from the marriage can a factor for an unequal distribution.
If you file for a simplified dissolution of marriage, you will be required to have a marital settlement, which may include bank accounts, stocks, bonds, retirement accounts, cash, real estate, cars, and anything else of value. As previously mentioned, the goal is for the property to be divided in an equitable way. Depending on whether your divorce is contested or uncontested, you will need one of the following forms:.
Florida alimony is the extension of the marital obligation of spousal support after the divorce. The parenting plan forms may include:. The courts will also consider:. Going through a divorce with children is extra tough.
For instance, taxability of alimony payments, property transfers, and children dependency deductions may have an impact on your tax filing status.