Florida has adopted what is known as Equitable Distribution. Under the Equitable Distribution scheme, marital property is fairly (equitably) divided between the parties of a divorce.
The current Fla. Statutes require a court to begin the process of dividing assets and liabilities by setting aside those assets that are defined as “non-marital.”
• typically those assets which either were owned prior to the marriage or inherited during the marriage and not mixed with marital assets,
Alimony is a term referring to the payment of certain monies as a form of financial support. It is based on the common law right of a wife to be supported by her husband. However, in 1979 the U.S. Supreme Court removed alimony’s limitation to husbands, to account for cases in which the wife is wealthier.
Traditionally speaking ex-husbands are probably thought of as being the ones ordered to make alimony payments. However, since the 1979 Supreme Court ruling referenced above, that is no longer the case. For example, U.S. soccer star, Landon Donovan, has filed for divorce from his actress wife Bianca Kajlich, and in his divorce pleadings he is requesting alimony from Bianca.
Therefore, it is important to know, if you make good money at your job, be prepared to pay alimony, regardless of whether you’re the guy or the gal.
This tragic story is one that I see all too often in my practice as a http://www.jacksonvillelawyer.pro/lawyer-attorney-1525907.html and Florida Child Custody Attorney. When couples are divorcing and child custody and child support are in issue, people often feel as if their entire world is collapsing around them and there is no solution in sight. I help those people find the solutions necessary to go forward in their lives. John Skelton, the father of the three missing boys out of Michigan, was born and raised in Jacksonville Beach, Florida. He and his wife were divorcing and he took his children from Michigan to Jacksonville Beach without the wife’s permission. The wife came to Florida and took the children home. Mr. Skelton obviously felt he had no more control in his life. The wife was divorcing him and he was going to have to pay child support. I can only speculate as to what occurred next but as of Tuesday afternoon, December 7, 2010, Mr. Skelton was arrested on three counts of parental kidnapping. No divorce or child custody case ever has to get to this point. Please seek an experienced child custody attorney in Florida or Jacksonville divorce lawyer to help you find the right solutions. There is always an answer, even when one feels there is no solution in sight.
In my position as a Jacksonville Family Law Attorney, I see the holidays as being a tough time for families contemplating divorce. In my experience, people will wait to file for divorce in Jacksonville until after Christmas as they usually have unrealistic expectations for the relationship during the holidays. A Jacksonville Divorce Lawyer can help couples in crisis in dividing the holiday time with the children in an agreeable and workable manner and can help reduce the stress associated with a damaged relationship during the holiday time period. These are issues I deal with in my practice as a Florida Divorce Attorney and often on a last minute basis during the holidays. To help you create a holiday schedule to keep the stress of divorce and the holidays low, contact a Florida Divorce Lawyer to help you so the holidays can be Merry and Bright for you.
As an experienced Jacksonville Divorce Lawyer, I often see couples at their worst. Many times, when a relationship is breaking up, the civility between the parties is also lost, and the harassing begins. This harassment can go from simply bothersome to criminal. Florida law requires that if you feel that you are becoming the victim of harassment, you must first put the offender on notice to stop calling you or your family members or to cease the harassing act. You should keep a log of each call with the time, date, and number from where the call came and from whom. If the offender continues the offending act after being placed on notice to stop, then the act becomes criminal and you may seek the protection of the police or the Office of the State Attorney. It is important to have a Florida Family Lawyer to help you address the issue and to file the appropriate documents in your divorce. Taking these steps will help stop the harassment while the divorce process is pending.
As a Florida Family Law Lawyer, I initiate injunctions for protection against domestic violence for my clients and I defend against them when they have been filed against my client. The injunction in Florida is probably the most misused and misfiled document in domestic relations. Florida statute section 741.28 defines what acts are considered as domestic violence in Florida. Many times, I see a petition for protection against domestic violence that does not contain any allegation of domestic violence as required by the statute. As such, I am able to successfully defend against the allegation in court. If you are attempting to seek an injunction talk with Jacksonville injunction for protection against domestic violence lawyer.In addition, if you are in an abusive situation, you should call 911 and report the abuse and get the immediate protection you require and deserve.
In Jacksonville all divorces where there are minor children (under the age of 18 in most cases) require a “parenting plan.”
In a Jacksonville Divorce, a parenting plan is created to establish the roles of each parent in regards to important decisions about a child’s education, health care, physical, social, and emotional well-being and must include:
The State of Florida requires all parents seeking dissolution of marriage to complete a parenting course before granting a pending divorce. Said parenting course is designed to educate parents on the complex and challenging issues that often arise through the divorce process with parents and children alike. In Duval County the required course is the Children First in Divorce Program offered through Hope Haven’s Children’s Clinic. Both parents are required to complete the course but do not have to do so together. Also, many Judges require completion of the above mentioned course in paternity actions. If you are a parent considering divorce in Duval County and have questions regarding what else Florida requires in a dissolution of marriage proceeding contact a Duval County Divorce and Child Custody Attorney today.
A recent New York Times article detailed a study which found couples that cohabitate before marriage are less likely to stay married than their non-cohabitating counterparts. The study found that the odds that a marriage would last longer than ten years after first cohabitating decreased by 6 percentage points.
Whether or not cohabitation played a role in the demise of a marriage is irrelevant, especially when you find yourself at the beginning stages of filing for divorce. Divorce is often times a complex and intricate process that requires a well-versed Jacksonville Family Law Lawyer.
If you find yourself wondering how to go about filing for divorce you need to contact an attorney that could help you down the long and often treacherous road. Contact a Jacksonville FL. Family Law Attorney today for help during this trying time.
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.
However, this does not mean that divorce in Florida is always a quick and easy process that can be done without the professional assistance of a Florida Divorce Attorney. For example, if one party disagrees that the marriage is “irretrievably broken” a judge is likely to require marital counseling for up to 3 months to encourage reconciliation. 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.
It is important to note that even in a no fault divorce state divorce can be a long and taxing process. Many factors contribute to a divorce proceeding that often requires professional assistance. If you find yourself considering divorce contact a Jacksonville Divorce Lawyer today.
Jacksonville Divorce Attorney Blog