Archive: July 2020

July 15, 2020

Alimony Determination in a Florida Divorce

If you’re getting divorced in Florida, alimony is likely to be involved or brought up in the process. Alimony is court-ordered payments awarded to one spouse through a divorce agreement. In each state, alimony may be determined and paid differently. In the state of Florida, alimony is determined by what the need is and the ability for the other party (spouse) to pay a certain amount. 

 

As of January 1, 2019, alimony is no longer tax-deductible to the person paying the alimony and taxable as income to the recipient in Florida. The individual paying the alimony will no longer receive an off-the-top deduction and alimony will become much more expensive for the individual. In addition, alimony will no longer be counted as income to the person receiving the alimony. 

 

According to the American Association of Matrimonial Lawyers, alimony takes 30% of the payer’s gross annual income minus 20% of the payee’s gross annual income to estimate the alimony. The paying spouse‘s total income including alimony is not to exceed 40% of the combined gross income of the parties. 

 

In the state of Florida, the most important consideration with alimony is that the court will look if the spouse requesting alimony has a need and then determine if the other spouse has the ability to pay all or part of that need. Overall, there is no one formula for alimony in Florida, so the court also takes into consideration the following: 

  • The length of the marriage. 
  • The standard of living set by the marriage, or how each spouse is used to living.
  • Each spouse’s age will be taken into consideration. 
  • The income of both parties.
  • The contributions of each spouse to the marriage through caring for children, household, schooling, work, etc.  
  • The financial resources that each spouse may have available to them. 

In Florida, there are a few types of alimony that can be awarded. You will want to discuss each of the following types of alimony with your divorce attorney:

  • Temporary Alimony
  • Bridge-The-Gap Alimony
  • Durational Alimony
  • Rehabilitative Alimony
  • Permanent Alimony

Need a Divorce Lawyer in Jacksonville, FL? 

It is critical to contact a divorce/family law attorney to evaluate your divorce case and help you figure out how to proceed with alimony.

 

If you think you should receive alimony or that you may have to pay it, your best bet is to meet with a divorce attorney and share your specific situation and set of circumstances. The decision of your alimony is dependent on many factors.

 

William J. Dorsey is a divorce attorney and understands each divorce case is unique. Give us a call and we can help you determine if alimony. 

 

As a Jacksonville divorce attorney with more than 35 years of experience in the state of Florida, Dorsey knows Florida divorce law and how to apply it to get his clients the best possible outcome. He guides his clients through the entire process. 

 

If you are considering divorce, our team would be happy to help you learn more about the divorce process in Florida.  By hiring a divorce attorney, you’re laying the groundwork for a better result, especially if your divorce is complicated. 

 

William J. Dorsey founded the Dorsey Law Firm in 1975 and has practiced family law and tried numerous trials throughout Florida in state and federal courts. 

To request your in-person consultation at The Dorsey Law Firm’s Jacksonville Law Office or if you have any questions, call 904-346-3883 or click our Jacksonville Divorce Attorney page for more information.

July 15, 2020

Can the Divorce Process Be Streamlined?

We often hear the question, “Can the Divorce Process Be Streamlined?” To answer this question, yes — you can have a more streamlined, simplified divorce. In fact, a streamlined divorce can bring a couple less stress. 

 

For a divorce to run more quickly and smoothly, both parties need to devote time and energy to the process. Many important things can be decided/settled before a case is even filed. However, simplified divorces are not for everyone. A streamlined divorce is great when both parties are amicable with one another and are able to work together to make the best decisions for themselves, family, finances, assets, etc. In a streamlined divorce process, the divorce will be done legally, fairly, quickly, and with little to no complications. 

 

One great way to streamline the divorce process is to avoid courts altogether and opt for mediation. In divorce mediation, each side can control the timetable, work with their own schedules, and not have to deal with crowded courts. For the most part, during mediation, people can make their own decisions about property, children, assets and more. Overall, mediation is less expensive, more flexible, less time consuming, and often achieves a better result for both parties. 

 

However, mediation isn’t always best for a streamlined divorce. Mediation is best for couples who are not in full agreement with each other and need the help of a neutral, third party to reach an agreement. With a truly streamlined divorce, the two parties usually agree but want the necessary legal assistance. 

Need a Divorce Lawyer in Jacksonville, FL?

If you think a streamlined divorce or mediation may be right for you, your best bet is to meet with a divorce attorney to share your specific situation and set of circumstances. 

 

The decision of whether you need a mediator or divorce attorney is dependent on your financial situation, relationship with your partner, and whether or not you have children. There are many processes and out-of-court options that will work for people who want a cheaper, quicker divorce process. Our attorneys at Dorsey Law Firm can help you decide what will work best for you. 

 

William J. Dorsey is a divorce attorney and understands each divorce case is unique. Give us a call and we can help you determine if you need mediation or if your case needs to go to trial. 

 

As a Jacksonville divorce attorney with more than 35 years of experience in the state of Florida, Mr. Dorsey knows Florida divorce law and how to apply it to get his clients for the best possible outcome. He guides his clients through the entire process. 

 

If you are considering divorce, our team would be happy to help you learn more about the divorce process in Florida. By hiring a divorce attorney, you’re laying the groundwork for a better result, especially if your divorce is complicated. 

 

William J. Dorsey founded the Dorsey Law Firm in 1975 and has practiced family law and tried numerous trials throughout Florida in state and federal courts. 

 

To request your in-person consultation at The Dorsey Law Firm’s Jacksonville law office or if you have any questions, call 904-346-3883 or click our Jacksonville Divorce Attorney page for more information.

July 9, 2020

Can A Divorce Attorney Help With Your Finances?

Divorce is a stressful, life-alternating event, but it can be even more so once finances are involved. When money and assets are involved in a divorce, a divorce becomes more complicated. Each party will hire a divorce attorney to help with the legal system. However, it is also important to work with and hire a financial expert like an advisor or analyst to guide you through the divorce process, as well.  

Most divorce attorneys do not have financial or tax expertise. If you have a lot of assets, bank accounts, stocks, and other finances at play in your marriage, you want some more expert help on your team.  

A divorce lawyer can create plans to figure out finances and assets, but they cannot always protect a person’s finances or know what’s best for you financially, as much as a financial advisor does.  

A divorce lawyer is well versed in family law in your city and state, but their education did not include financial planning. The average divorce lawyer does not have the background or training to give financial advice to their clients. They cannot help you calculate and plan your long-term financial needs when it comes to college funds, trusts, retirement money, etc.  

It is in each party’s best interest to get his or her own certified divorce financial analyst (CDFA) to work with them to create the best financial plan based on the divorce process and situation, so there will be no major upsets or surprises. Don’t wait until after the divorce process to figure out your finances. If you come up with a financial plan at the start, your lawyer will be able to fight for a better deal for you.  

A CDFA can make sense of splitting the assets and finances in a way a divorce lawyer cannot. Some situations that may seem like a “fair” split to the attorneys and clients, might not be. Many financial situations (assets, insurance payments, tax debt, etc.) can be complex, and a CDFA can account for all these complexities and possibilities.  

On your divorce team, the divorce lawyer represents you (the client), educates you on the legal process, and files documents with the court. The CDFA can create a budget and plan for you during and after the divorce process, and educate you on financial information, assets, and taxes.  They cannot give legal advice and do not replace your lawyer. The CDFA can help you make informed decisions. Based on your financial decisions, your divorce lawyer can help you negotiate better during divorce settlement.  

For the best financial outcome, it is best to work with both a divorce attorney and a CDFA during and after the divorce. You want to have a full picture of your financial situation for the present and future. Not all couples need a CDFA, but if your finances are complicated, it’s in your best interest to make sure you pay or receive what you deserve.  

Need a Divorce Attorney in Jacksonville, FL? 

At the Dorsey Law Firm, we will work with you and a CDFA to help you get the best possible outcome in your divorce. 

William J. Dorsey is a divorce attorney and understands each divorce case is unique. Give us a call and we can help you. We believe it is absolutely necessary to be aggressive in representing our clients.

As a Jacksonville divorce attorney,  with more than 35 years of experience in the state of Florida, Dorsey knows Florida divorce law and how to apply it to get his clients the best possible outcome. He guides his clients through the entire process. 

If you are considering divorce, our team would be happy to help you learn more about the divorce process in Florida.  By hiring a divorce attorney, you’re laying the groundwork for a better result, especially if your divorce is complicated. 

William J. Dorsey founded the Dorsey Law Firm in 1975 and has practiced family law and tried numerous trials throughout Florida in state and federal courts. 

 To request your in-person consultation at The Dorsey Law Firm’s Jacksonville Law Office or if you have any questions,  call 904-346-3883 or click our Jacksonville Divorce Attorney page.

July 9, 2020

How to Choose the Right Divorce Attorney for You

Divorce can be an emotional, stressful time in a couple’s life. During a divorce, there’s a lot to handle, consider, and settle including finances, assets, child support and custody, etc. Each person involved wants the best possible outcome for themselves. With that said, you want to work with a lawyer who is experienced in family law and who has your best interests in mind.  

Every divorce is unique and you should choose a divorce attorney that best suits your personal needs and situation. It may take you some time to find the right family law lawyer because you want to find a person who has a strong knowledge of the law, cares about your case, and is within your budget.  

To start the divorce lawyer search, research. Start a list of the best family lawyers in your price range. Ask friends and family for referrals based on their own personal experiences.  In your research, pay attention to lawyers’ ratings, fees, years of practice, what they practice, and if there is any misconduct.  

As a family law firm in Jacksonville with over 35 years of experience, we wanted to share with you some other ways to help you choose the right divorce attorney.  You will be investing a lot of money in this lawyer who will help define your future, so you want to make sure you’re hiring the right person for the job.  

    • Temperament – Look for a divorce lawyer who doesn’t mock or mimic your emotions.
    • Likeability – Look for a divorce lawyer who is easy to talk to, who listens to you, understands you, and who makes everything easy to understand.  
    • Honesty – You want a lawyer who tells you the truth about the situation and potential outcomes. You don’t want a person who makes false promises that will not benefit or help you.  
    • Respect – If an attorney isn’t respectful to his or her team, other divorce attorneys, or even you, this is a red flag they are not the right person to rely on. You want an attorney who makes time for you, who is concerned about you, who doesn’t ignore or bully you.  
    • Approachability – Meet with the attorneys you’ve researched to ask any questions. You want to be educated on the divorce process, as well as the attorney’s background and expertise. There are no dumb questions.  If this attorney isn’t answering your questions or answering them to your liking, you probably shouldn’t move forward with them.
    • Reviews – See what others have to say about the attorney. Look for others who had similar cases and learn about the results they received.

It’s important you find a divorce lawyer you are comfortable with and confident in. Aim to hire the lawyer who has a solid background, years of experience, who practices the divorce process you’re interested in, fits your budget, and works with you respectfully and amicably.  

Choosing a divorce attorney is an important decision and step in the divorce process, and if you follow the above steps, you will have an easier time finding the right person who has your best interests at heart. 

Need a Divorce Lawyer in Jacksonville, FL?

If you’re looking for a divorce attorney, Dorsey Law Firm provides legal advice and representation to clients through practices of divorce, short term and emergency situations, such as injunctions against domestic violence to process a final divorce and post judgment modifications of support and custody. We attempt to negotiate settlements, but are not afraid to take a case to trial or to appeal if necessary. 

William J. Dorsey is a divorce attorney and understands each divorce case is unique. Give us a call and we can help you determine if you need mediation or if your case needs to go to trial.  

As a Jacksonville divorce attorney, with more than 35 years of experience in the state of Florida, Dorsey knows Florida divorce law and how to apply it to get his clients the best possible outcome. He guides his clients through the entire process.  

If you are considering divorce, our team would be happy to help you learn more about the divorce process in Florida.  By hiring a divorce attorney, you’re laying the groundwork for a better result, especially if your divorce is complicated.  

William J. Dorsey founded the Dorsey Law Firm in 1975 and has practiced family law and tried numerous trials throughout Florida in state and federal courts. 

 To request your consultation with The Dorsey Law Firm’s Jacksonville Law Office or if you have any questions,  call 904-346-3883 or click our Jacksonville Divorce Attorney page. 

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P: 904-394-2865 | F: 904-358-8060 | Email: Dorsey Law Firm

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COVID-19 Update

 

As the situation around COVID-19 continues to evolve, we will remain open until further notice. As always, the well-being of our clients and staff remains our highest priority, therefore we have taken precautions recommended by global and local public health authorities to reduce the spread of COVID-19.

 

— We have encouraged our staff to practice social distancing by reducing physical contact with others to ensure we can continue to work for our clients.
— Requiring all client meetings and consultations to be conducted virtually.
— We are happy to have meetings with you via phone, online conferencing, as well as through email.
— Our team will continue to fulfill court obligations with the new methods required by the courts as they remain open telephonically.

 

If you’re in immediate need, including any family law, criminal law, or personal injury matter, don’t hesitate to contact us with questions.

 

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