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Divorce - General, Laws and Process
You’ve been thinking about asking for a divorce, but have feared how your spouse will react. You know that you haven’t paid attention to your relationship, and have emotionally and/or physically strayed from the marriage. You have both assessed the damage to the relationship, and perhaps have even tried counseling to repair it. Unfortunately, you feel that full extent of the damage is simply too great to repair.
If you’ve married for love and the love has run out, or if you’ve married for money and the money has run out, chances are, you and your husband or wife are not the happily married couple everyone thinks. With the holidays upon us, it can be especially difficult to keep smiling and pretending.
Most husbands and wives often have differing opinions when it comes to running the family finances or play time in the bedroom.
To many people, it seems almost incredible that a name could have anything to do with one’s nature, one’s experiences in life, one’s degree of success or failure, and one’s health, yet it is equally incredible that science has not discovered the influence of language upon the lives of all who use it.
Florida Statutes, Chapter 39 is the law on “proceedings relating to children.” Three areas of concern are identified in the statute: child abuse, child abandonment or neglect of a child.
Sometimes we hear “That credit card is in her name so she keeps that debt.” Or “the 401-k is my name, so he can’t get that, right?” While either outcome may occur, it may also not be the case.
When people ask me, “What makes family law in Florida different from family law throughout the rest of the country?” the first thing that comes to mind is how Florida handles children’s issues.
So many couples stay married longer than they should because they fear that they can’t afford a divorce. They fear they can’t afford to hire a lawyer. They fear they can’t afford to maintain a separate household. They fear the unknown.
Who really controls the tempo of a lawsuit? Are the parties dragging their feet? Are the lawyers creating more work than necessary? Are the court systems backlogged? If you want to control the tempo of your divorce, you must be proactive in the divorce process. And in order to be proactive, you must first understand the realities of the divorce process.
Just like their civilian counterparts, service members and military officers also face matters related to family law. However, a military member getting divorced must also deal with complex issues such as pension, retirement, child relocation and the like.
As your divorce concludes, by agreement or a judge’s ruling, the issues of child support and alimony, if present in your case, will be decided. However, it does not necessarily end there.
Many people are in a hurry to get a divorce in Florida. The reasons vary. Some people are anxious to marry someone else. Some want to stop sharing their large incomes with their lower income spouses.
People make many decisions by random chance. Wouldn’t it be a great idea to do some pre-divorce planning? A visit with a divorce attorney, financial planner, and a custody advisor can make a huge difference in your results.
Most people are surprised to learn that if one spouse is cheating the divorce judge may not even permit that evidence during the trial. Florida is a no fault divorce state.
The financial change brought about by divorce can be particularly devastating to families with children and to older couples who have assigned the career duties to one spouse and the homemaking duties to the other.
The short answer is that, of course, you can. The better answer is that you shouldn’t. Any person can go to court without a lawyer in any legal matter. That applies to everything from small claims court to defense of a first degree murder charge
You have decided that your marriage is broken and can’t be fixed. You have hired an expert Florida divorce lawyer and provided endless details of information about your financial and personal matters.
In many Florida divorces, part of the property division that occurs involves college funds which have been set aside for the benefit of the children.
If you have begun your Florida divorce or are even just thinking about divorce, you may have heard that it is a bad idea to leave the home. Often clients appear in the offices of expert Florida divorce lawyers and tell them that their friends have advised them not to leave their homes.
People going through a Florida divorce frequently ask expert Florida divorce lawyers if they will lose their health insurance if they get divorced.
Your expert divorce lawyer tells you that your spouse’s attorney wants to take your deposition. What do you need to know before that happens?
Divorce can often lead to a situation where the parents of children have a difficult time communicating with each other. Many times this leads to one parent being denied access to the information provided by the children’s schools.
Many years ago, there was no way to get your spouse to pay for your Florida divorce lawyer. This was at a time when the difference between the income of the average man and the average woman was much greater than it is today.
It used to be that you had to say bad things about your spouse in order to get a divorce. You had to accuse your spouse of abandonment, adultery, physically abuse, mental cruelty or some other harmful act.
Most people think that the time to talk to a lawyer for the first time about a divorce is when they have finally made up their minds to file the court papers and start the process or when they have received the court papers filed by their spouse.
Divorce is obviously a difficult time in the lives of both spouses. When children are involved, it is even more stressful.
Florida is a no-fault state and even if you date during the marriage it does not affect the legal outcome of your divorce with one notable exception. If you spend marital money on a date, the court may give your spouse the same sum of money before the court divides the rest of your property during the property distribution.
In Florida, a divorce is called a dissolution. Florida is a no-fault state, requiring only that the parties show that their marriage is irretrievably broken. There is no legal separation in Florida. Florida also does not recognize common law marriage.
Effective July 1, 2008, changes to Florida Statute Section 61.075 took effect, This Statute relates to the equitable distribution of marital assets and liabilities.
If you are currently facing a divorce, you are probably wondering what to expect from the divorce process. Just as no two marriages are alike, however, no two divorces are alike or have the exact same outcome either.
Going through divorce and its aftermath is one of the most difficult experiences a child can encounter. Unfortunately, it is also a fairly common one: the divorce rate in the United States has reportedly risen to as high as 50% for first marriages - even higher for second marriages.
A major decision in your life is deciding if divorcing your spouse is a realistic option. Examine all your options before choosing to divorce.
If you decide that divorce is inevitable, you and your spouse may want to consider mediation before starting a court action. Mediation is a process in which you and your spouse work out your financial and marital differences with the assistance of a neutral party known as a Mediator.
It is normal of course to feel upset by the prospect of a divorce. In Florida you can basically get a divorce by asking, ie you do not have to prove much of anything except that one of the parties must reside 6 months in the state before the filing of papers.
Obviously where children are involved there is still some interaction among the parties. Significant amounts of money are spent on lawyers simply because the parties cannot get along even during the few moments it takes to pick up or drop off a child for visitation.
So why do lawyers charge so much? Let’s take a simple example. It does not matter whether the example concerns alimony, child support or anything else. The point is to illustrate why it can take a lot of a lawyer’s time to properly deal with just one aspect of the client’s matter.
Most of us have known relatives or close friends whose marriages are breaking up. During those times they may come to you for moral support. What do you do?
When the Florida court decides on the issue of child custody and visitation, the gender of the parents is not considered. For example, a mother will not automatically receive custody of the children just because she is the mother. The judge must only consider what is in the best interests of the child. Florida divorce law requires Shared Parental Responsibility. This means that even though the child may live with one parent, the other parent has equal say in raising the child. Each party must be consulted on the education, health, religion, and discipline of the child. And, if the parties cannot agree on these important issues, the judge will make the decisions.
|Your Right to Child Custody, Visitation & Support
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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