Archive: October 2020

October 29, 2020

A Guide to the Different Kinds of Marital Settlement Agreements

During your wedding day, you make a vow to be with your spouse for better or for worse, for richer or for poorer, until death part you from each other. But for some couples, there will come the point when problems and differences become too taxing to settle—and the only solution is to end your marriage. 

 Regardless of the reason for your fallout, breaking your vows and deciding on a marital settlement agreement is always tough. It will require your time, effort, and money to ensure you go through a legal process and that both spouses can rightfully receive what each deserves.

Ending a marriage can happen in several ways, particularly: divorce, legal separation, and annulment. Choosing the best option will require careful decision-making and the help of a divorce lawyer to aid in sorting things out. 

To help you decide on what you might need, then here is a quick guide on the different kinds of marital settlement agreements available today.

 

What is Divorce?

A divorce is also referred to as a dissolution of marriage. The state of Florida is known for terminating fault as the cause behind the divorce. It means that the only way for couples to reach an agreement is if the marriage is considered irretrievably broken. 

 It doesn’t matter who files for a divorce between the couple. The procedure entails having valid proof that the marriage took place and that either spouse has been a Florida resident for the past six months before the claim. Usually, a divorce can include judgment over the distribution of possessions and debts, the alimony awards, and the responsibility for the children.  

The dissolution of a marriage does not always lead to a heated argument and can be processed peacefully. Still, it will depend if both spouses agree to part ways and divide their assets accordingly. In that case, they can file for a collaborative dissolution process, which entails reasonable faith to accomplish the agreement without issues. 

 

What is Legal Separation?

Legal separation is another method of providing a better approach at child custody and support, distribution of properties and debts, and spousal support, all while keeping the validity of the marriage. The only downside to the settlement is that neither spouse can remarry, as they are still bound together by the law.

If you’re planning to file for a legal separation in Florida, unfortunately, the state currently does not allow it. Instead, you can only go as far as living in a different house from your spouse without going through a court procedure. You can also seek the help of a judge for child custody, visiting rights, and other instances that require a legal professional’s help.

For married couples planning to file for legal separation in a different state that does allow it, you will receive a legally binding document stating the provisions of the agreement. It will change into a court order as soon as the judge has approved it. 

 

What is Annulment?

Annulment is an agreement that ceases the existence of a marriage and eliminates the legal contract you once signed yourself up for with your spouse. Any married couple looking to choose annulment must learn to act immediately to prevent your chances of the case turning into a divorce because you’ve waited too long.  

You should also prove that specific conditions come into play before filing for an annulment, including the lack of commitment to the marital settlement, intentional fraud, or an unconsummated marriage. Other factors are having an underaged spouse, cases of incest, and impotence.

 

Conclusion

Now that you know the legal ways to settle a marriage agreement with your spouse, what you decide on will ultimately be up to you and your partner. Whether you choose to file for a divorce, legal separation, or annulment, it would help to reach out to a lawyer who can help you weigh in your options and help you choose the right marital settlement agreement for your situation. 

Are you looking for a divorce lawyer in Jacksonville to guide you through the legal settlement procedures? The Dorsey Law Firm is a legal firm that offers assistance on family law, criminal law, personal injury, and marital settlements. Get in touch with us today to book an appointment!

October 27, 2020

Filing for Divorce in Florida in 3 Easy Steps: Our Guide

Divorces in Florida can be simplified into three easy steps to ensure that you can move on without hassle. However, you need to make sure you know about these steps and connect with the right lawyer. This is because Florida’s divorce filing process is different from other states, and you need the best legal expert to guide you through it.

This article will provide you with all the information you need to understand the divorce process in Florida. We will also connect you with the best lawyer for convenient and reliable legal services. Take this article as an opportunity to proceed with all the legalities of your divorce to do what’s right for your family and future. 

 

Preparing and serving divorce forms

The first step in filing for divorce in Florida is to fill out a Petition for Dissolution of Marriage. Through this process, you will be known as the petitioner, and your spouse will be known as the respondent. You will also need to fill out a Summons and submit the forms to the court. Note that the forms may be different depending on whether you have children or not. 

In the state of Floria, you need to have been living in the state for at least six months to ensure that the divorce filing is legally binding. According to the Dorsey Law Firm, you can present your Florida driver’s license if its date of issue is at least six months before the date you file Petition for Dissolution of Marriage. You can also consult Mr. Dorsey if you have any other questions and would like to process your divorce forms. 

You can present a copy of your filed petition, which you can either hand to the respondent’s lawyer or through a local sheriff. Remember that you need to have the legal response sent through “Answer and Waiver of Service.” You also need to have all your forms notarized and filled with your court. 

 

Be mindful that there is no such thing as a no-fault divorce

One notable difference about filing for divorce in Florida is the court doesn’t recognize fault-based divorces, meaning you don’t have to prove that your spouse or the respondent was involved in any divorce-related misconduct. You just need to state in your Petition for Dissolution of Marriage that the marriage is irretrievably broken. 

However, all the issues you want to address in your divorce should still be listed in your legal petition, which your lawyer can help you with. For instance, you can indicate a property dispute in your petition, and the judge can consider the respondent’s misconduct to resolve it. 

Be sure that you detail the following issues in your petition: child custody and support, diving assets and debts, alimony requests. You can also consult with the Dorsey Law Firm about these marital faults. 

 

Complete a financial affidavit

You need to fill up a financial affidavit to disclose all the possessions you have to avoid the court’s sanctions. You and the respondent need to complete the signed affidavit within forty-five days of the date of service of your divorce petition, and you may also need other supporting financial documents, such as bank statements and tax returns. You can ask your lawyer for advice to ensure that your divorce filing runs smoothly. 

 

Conclusion 

Divorce filing in Florida can be tricky, given the particular terms and conditions, but all you need to do is adhere to the previously mentioned steps. You also need to connect with the best divorce lawyer to assist you. Start your divorce filling today and find the right legal practitioner for the job. 

Are you looking for a divorce lawyer in Jacksonville? Contact us today at Dorsey Law Firm. Mr. Dorsey has thirty-five years of experience and can provide you with the best legal advice and services. Have your divorce forms processed with us. 

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