Articles Posted in Divorce

Some aspects of divorce are relatively simple, but become complicated when heated emotions and bitterness come into play. Other aspects, however, are inherently daunting to many people going through the process. Nobody enjoys filing taxes, and the process becomes more complicated for couples going through a divorce.

To make the process easier: communicate with your former spouse. This tip is incredibly common because it is incredibly important. With the help of a qualified Ponte Vedra Family Law Attorney many aspects of your divorce become simpler if you and your former spouse are on the same page and are open with each other, especially when it comes to tax issues.

The first thing to consider is how you want to file: if you were married last year but are now getting divorced, you have the option of filing jointly or separately. Each option carries its own concerns. A joint return might be simpler, but will expose you to tax liability should your partner run into any trouble with the IRS. A separate filing avoids this liability, but can be expensive.

Like most states in the U.S. Florida is a no fault divorce state. No fault divorce means neither spouse is required to prove “fault” or marital misconduct on the part of the other party. One party must merely show that the marriage is “irretrievably broken” or that the other party has been mentally incapacitated for the past 3 years.

This does not mean that divorce in Florida is always a quick and easy process that can be done without the professional assistance of an Amelia Island Divorce Attorney. For example, if one party disagrees that the marriage is “irretrievably broken” a judge may require the parties to attend marital counseling for up to 3 months to encourage reconciliation. This is done by one of the parties filing a Motion to Stay the Proceedings. A hearing will be held and the Judge will decide whether to stay/delay the divorce proceedings for 3 months in the hopes of the parties reconciling or to proceed with the divorce with not time gap. Judges also have the authority to delay the divorce and require counseling for up to 3 months if there are minor children to the marriage.

However, it is possible in the state of Florida to secure a relatively quick divorce. In fact, many spouses can reach an amicable settlement without having to ever have a contested court hearing, this is usually only if there are no children of the marriage and few assets that need dividing. But many divorcing parties face problems navigating the legal hurdles including time constraints and complications filling out paperwork. This is so, even where there is no “dispute” between the spouses about the need for divorce. Keep in mind, too, that there is still a requirement for a judicial proceeding (a final hearing in front of a Judge) even in uncontested cases – so it is important for each party to be represented by their own Amelia Island Divorce Attorney.

A question that I often hear from potential clients is what is the difference between a legal separation and divorce. In Florida there is no such thing as a “legal separation,” there is only divorce. The proper name for a divorce in Florida is a “dissolution of marriage.” This means that a married couple can separate from each other physically and think they are divorced without actually being legally divorced in Florida.

In Florida, there is a concept call “separate maintenance” which may allow a wife or a husband to separate physically from one another, maintain another residence and ask the Court to order their spouse to pay support or alimony without a divorce and without dividing marital property and debts incurred during the marriage.

A Florida divorce can be achieved in two ways. It can be achieved through either mutual consent of the parties, i.e. a consent divorce or if the parties do not consent to the divorce or distribution of marital property, through a contested divorce. In a contested divorce the parties ask the Court to decide all of the issues between the parties and enter a judgment of dissolution of marriage without the need for the consent or signature of the parties.

According to a recent post in The Wall Street Journal, divorce rates among military members are on the rise. Unfortunately, marriages involving members of the military encounter many distinctive challenges such as extended separation, potential physical or emotional injuries, extended separations due to active duty deployment ors difficulty readjusting to ordinary home life after deployment.

Unfortunately, military divorce can present many unique difficulties as well. Once of the unique issues that many Ponte Vedra Beach military couples who have experienced a military divorce is dividing up one spouses military pension. Depending on the length of time served and the rank achieved, military pensions can be substantial.

For a number of reasons, the non-military spouse may have a difficult time gaining full access to the military pension by Florida courts. In some cases, even if the non-military spouse was awarded benefits by the court, state and federal laws that regulate the distribution of military pensions may cause difficulties in the division process.

Divorce is never an easy thing to go through. Even with the help of a Jacksonville Divorce Attorney, divorce is still a stressful process. It can often be contentious and communication breaks down. It’s important to keep a cool head and try to move forward.

But divorce is even more difficult with children involved. Couples with children have often been married longer, emotions run higher, and divorce becomes even more stressful. You might think it’s a good idea to save face in front of your children — pretending like everything is fine even when it isn’t.

But this tactic may not be as useful as you think. Kids are smart and pick up on things: they know when something’s wrong. They get stressed. They get anxious. They need to be informed of what’s going on. The Huffington Post has a good article explaining some of the steps you should take when you sit down with your children.