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
Thursday, February 06, 2014
Orthodox Jewish Woman Granted Religious Divorce after 3 Years
Gital Dodelson, a 25-year-old orthodox Jewish woman from New
Jersey, has finally been granted a religious divorce
from her husband, ending 3 years of bitter fighting over the subject. The
couple was legally divorced in 2012, but her husband, Avrohom Meir Weiss, had
refused to grant her the religious divorce.
According to orthodox Jewish law, the religious divorce,
called a “get,” is required to truly set the woman free. Without receiving a
get from Weiss, Dodelson is considered an agunah, or a chained woman. In the
eyes of the orthodox Jewish community, she is still married. Now that she has
received her religious divorce, she
is free to pursue other romantic interests.
According to reports, Weiss had been demanding excessive
sums of money – more than $350,000 – to grant Dodelson a religious divorce.
Rather than give in to what amounts to extortion, Dodelson and her family
brought her story public in an article published by the NY Post.
In the weeks following the NY Post story, she received a
wave of public support. A Facebook group called “Free Gital: Tell Avrohom Meir
Wess to Give His Wife a ‘Get’” gained more than 14,000 supporters across the
world. In addition, Weiss’ father and uncle, both esteemed rabbis, were forced
to resign from their editor positions at Jewish publisher ArtScroll due to
pressure from an outraged Jewish community.
Fortunately, this story has a happy ending, and Dodelson
received what she deserves. However, this story serves as a reminder that in
many ultra-religious communities, divorce can be much more complicated. This makes
it even more important to choose an
experienced divorce lawyer who can help you negotiate the terms of your religious
divorce during your secular divorce.
Friday, July 26, 2013
Dwyane Wade and Ex-Wife Settle Financial Matters, Finally Resolve Divorce
The long, highly publicized legal battle between Dwyane Wade
and his ex-wife, Siohvaughn Funches, is finally over. Earlier this month, the
all-star Miami Heat guard reached an agreement with his ex-wife that will
settle their dispute over the distribution
of marital assets. This settlement ends a divorce case
that was initiated in 2007.
According to terms of the agreement, Wade will pay his
ex-wife $5 million and surrender rights to their Chicago mansion and four cars.
In addition, the two signed a non-disparage agreement which prohibits them from
publicly attacking the reputation of each other.
Other issues had been settled several years ago. In 2011,
Wade was granted sole child custody of their two sons. The divorce proceeding was
extremely acrimonious. Funches had recently filed a lawsuit against Wade for
failure to pay income from endorsement contracts signed in 2008, one year after
the couple filed for divorce. The court dismissed the case, causing Funches to
protest outside of Chicago’s Daley Center.
With this financial settlement, Funches should be able to
maintain a comfortable lifestyle for the rest of her life. But most
importantly, both parties can now move on and put this ordeal behind them.
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