Divorce Lawyers Directory Blog

Monday, July 16, 2018

7 Things to Know about Divorce in Florida

Filing for divorce can be a stressful and overwhelming experience. There are a variety of state laws which govern the process, and it’s important that you work with an experienced divorce lawyer who understands the specific Florida laws that apply to your case. While the following advice isn’t a substitute for hiring an experienced attorney, keeping these 7 things in mind will help you as you start the divorce process.

Filing Requirements for Divorce in Florida

In order to file for divorce in Florida, one spouse must be a resident of the state or an armed forces member stationed in Florida for at least 6 months prior to filing. You will need to have a Florida driver’s license in order to demonstrate proof of residency.

You must fill out a “Petition for Dissolution of Marriage” form to initiate the process. This petition must be filed in the county where one of the parties currently lives. If you and your spouse are living in different counties, the petition should be filed in the county where you both lived while married.

Florida is a No-Fault Divorce State

Florida allows for “no-fault” divorces, which means neither spouse needs to be accused of adultery, abuse, abandonment or any other action which would make them at fault for the end of the marriage. Instead, you can simply say that the marriage is “irretrievably broken.”

If both spouses agree that there are irreconcilable differences and no minor children are involved, the court will typically allow the case to move forward right away. However, if one party denies that the marriage is irretrievably broken or if you have minor children, the court may require you and your spouse to attend counseling for up to three months.

Qualifying Couples may be Able to File for a Simplified Dissolution of Marriage

You may be able to file for a simplified dissolution of marriage if you and your spouse:

Don’t have any minor children
Are not requesting spousal support
Agree on all property division matters

While a simplified dissolution of marriage will speed up the divorce process, it also means that you will sacrifice certain rights. You won’t be able to request financial documents or cross-examine your ex-spouse during the divorce case. However, for couples who have relatively simple assets and can agree on all the major issues, this can present a way to resolve your divorce in a quicker and more cost-effective manner. This can be very positive as you embark on post-divorce life.

You Must Disclose your Financial Records to Your Spouse

You are legally required to provide a signed financial affidavit within 45 days of the initial filing for divorce. This document must include detailed information regarding your:

Income
Assets
Debts
Bank statements
Tax returns
Investment statements
401k and pension documents
Credit card statements
Any other documentation necessary to fully disclose your finances

Property Division Matters follow the Doctrine of Equitable Distribution

Florida is an equitable distribution state, which means that assets and property will be divided in a fair, but not necessarily equal manner. Factors that the court will consider when ruling on property division disputes include:

The length of the marriage
Each spouse’s contributions to the home and care for minor children
The financial circumstances of each spouse

In general, only assets, property and debts acquired during the marriage will be included in property division. Everything you and your spouse had amassed prior to the marriage is considered to be separate property and not subject to equitable distribution laws.

Child Custody and Support Issues are Decided based on the Best Interests of the Child

All child custody and child support matters will be decided based on what is in the best interests of the child. In Florida, shared custody is generally considered to be the ideal arrangement since it ensures both parents will be able to maintain a meaningful relationship with the children moving forward. Factors used to determine how this time will be split between each parent include:

Each parent’s willingness to facilitate a meaningful relationship between the children and the other parent
Each parent’s ability to provide a safe and healthy living environment for the children
The co-parenting and communication skills of each parent
The moral fitness of each parent
The existence of mental health or substance abuse issues by one parent

Florida no longer uses the term “child custody” to govern these matters. Instead, the court uses the terms “parenting plan” and “parental responsibility” when ruling on custody matters:

Parenting plans are used to define what is commonly known as “physical custody” and details how much time the children will spend living under the supervision of each parent
Parental responsibility covers items commonly known as “legal custody” such as which parent(s) will have control of the day-to-day decisions associated with the children’s education, healthcare and other daily care items

Child support is required until all children reach the age of 18 or until they graduate high school (up to age 19). The criteria used to calculate child support and determine which parent will receive these payments include:

Amount of time the children live with each parent
Each parent’s income level
Which parent pays for the children’s insurance
Any special medical or educational needs of each child
The cost of daycare and which parent pays for this service
Which parent claims the dependent children for tax purposes
Child support payments made for children from another marriage
Whether spousal support payments are being made as part of the divorce

Spousal Support May be Granted, but is not Required

Spousal support may be awarded in order to ensure both parties can maintain their current standard of living following the divorce. However, spousal support isn’t included in all divorce agreements. Factors considered when determining alimony issues include:

The length of the marriage
The lifestyle enjoyed by the couple during the marriage
The financial circumstances of each party
The education level and ability of each spouse to secure employment
Each party’s financial and non-financial contributions to the marriage

Protect your Rights by Hiring a Divorce Lawyer

While you’re not required to work with a lawyer during the divorce process, it’s in your best interest to do so. There are many complex state laws governing Florida divorces and it will be challenging to protect your rights if you don’t have legal representation. Make sure you hire a divorce lawyer who has made family law the primary focus of their practice. This will ensure your needs are being properly met throughout the process.

Labels: divorce, family law

Wednesday, June 05, 2013

Divorce Can Strengthen Parent-Child Relationships

The divorce process is always difficult for everyone involved, especially young children. The tense emotions associated with working out important issues such as child custody, child support, spousal support, and property division can place a strain on family relationships. But the good news is many people find that their relationship with their children actually becomes stronger once they settle into divorced life.

Parents often find that there are several benefits to sharing child custody with their ex-spouse:

· Each parent gets to enjoy some downtime without the children, where they can pursue their adult interests. When they see their children again, they are often refreshed.

· Each parent is the primary caregiver during time spent with the children. This can allow a parent who took more of a passive parenting role during marriage to make important decisions and develop their parenting style.

In addition, parents who are still on amicable terms after the divorce can work together to make sure the child has a well-rounded environment between both households. This allows you to provide the type of care and develop the type of relationship with your child that feels natural to you based on your personal strengths.

While there are certainly challenges associated with being a single parent, the benefits can result in stronger bonds with your children than what you experienced during a strained marriage.

Labels: child custody, divorce

Monday, April 22, 2013

Kim Kardashian Divorce Finally Settled: Kris Humphries Comes out the Loser

After a 72 day marriage, the divorce proceeding between reality star Kim Kardashian and Brooklyn Nets forward Kris Humphries took nearly a year and a half to resolve. But at last, it has been settled. Not surprisingly, Humphries came out the big loser.

Humphries was initially seeking $7 million, an annulment, and attorney’s fees. However, the settlement he has signed will get him none of that. He gets no money, the marriage will not be annulled, and he must pay his own attorney fees. He does play in the NBA, so it’s not as if he can’t afford his lawyer.

When Kardashian filed for divorce less than 3 months into their marriage, Humphries sought the annulment due to a belief that the marriage was a fraud entered into by Kardashian to boost the ratings and popularity of her reality show, “Keeping Up with the Kardashians.”

However, sources close to Humphries indicated that in recent weeks, he has come to realize that it would be extremely difficult to prove the marriage was a fraud. In addition, their divorce trial was scheduled to begin in a few weeks. If the Brooklyn Nets advance beyond the first round of the playoffs, the trial would keep him out of action. Right now, his primary focus is on the playoffs, not his bitter divorce with Kardashian.

Kardashian’s most recent tabloid headlines surround her pregnancy. Rapper Kanye West is the father.

Labels: divorce, Kim Kardashian, Kris Humphries

Monday, March 25, 2013

Oil Tycoon’s Divorce Settlement May Shatter Records for Most Expensive of All Time

After 24 years of marriage, oil tycoon Harold Hamm and his wife Sue Ann are getting divorced. With a net worth of approximately $11.3 billion, Hamm’s divorce settlement will likely become the most expensive of all time, shattering the current record $1.7 billion settlement Rupert Murdoch paid to his ex-wife Anna.

It is not public knowledge whether Hamm and his wife signed a prenuptial agreement nearly a quarter century ago. But without one, more than $5 billion of Hamm’s fortune may be at stake when they settle all property division disputes.

Oklahoma is an “equitable distribution” state, which means that the couple’s assets will be divided in a manner that is fair, but not necessarily equal. Since both Hamm and his wife made significant contributions to the oil business during the course of their marriage, she may be entitled to half of his stake in the company he founded in 1967. Hamm currently owns 68% of all shares of his oil company, Continental Resources. If this were split evenly between the Hamm and his wife, he could potentially lose control over his company.

One way for Hamm to avoid losing control of his company would be to pay his wife the value of her portion of the shares. Both parties will present evidence in May with the intention of reaching a settlement. If they are unable to do so at the negotiating table, they could be facing a nasty court battle with extremely high stakes.

Labels: divorce, property division

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