Archive: November 2021
November 26, 2021
Sometimes, a relationship may not go the way a couple has envisioned it to be. While the start of their marriage may have been smooth sailing without any problems in mind, the current state of their relationship may show otherwise. The thing about legal unifications is that it takes a lot of decision-making and sacrifice to maintain. If one or both members of the couple start to show signs of giving up, it may be time to file for a divorce.
It is not uncommon for married couples here in Florida to file for it if they feel that their relationship has gone stale and is now going nowhere. While there are instances when a relationship may still be fixed, things do not always go according to plan. The only viable option they have would be to separate legally to prevent further harm with their bond.
If you happen to be going through a rocky stage in your marriage as well, and you and your supposed lifetime partner are thinking of filing for a divorce, you may want to learn a few basic things about this specific legal process. We have listed several helpful information below for your reference.
Both of You May File for an Uncontested Divorce
The most common misconception about divorce is that it always ends up in a mess, the couple is in constant fights, or that they can no longer stand each other’s presence. While that may be the case most of the time, the fact is that some couples are actually agreeable when it comes to ending their marriage. This means that they have no conflict and no hatred with one another; instead, they just have reached the point of feeling no love like they used to. In such a case, an uncontested divorce is something that they can undergo.
Going through this legal procedure is much quicker since both parties had already reached a compromise, even before they had filed for it.
Both of You May File for a Collaborative Divorce
While some divorces may be settled in a very agreeable and peaceful manner, sometimes, things may not be so great between both parties. In such a case, the couple would have to reach an agreement and a compromise, a combination of both wherein there will be no winners or losers, only a common goal.
This is more applicable to couples that already have kids. The topics of child support and visitation rights would come into play for the sake of the child’s well-being, despite their parents’ separation.
Both of You May Negotiate the Terms of Your Divorce
The divorce process isn’t one-sided in the eyes of the law. The involved parties must be able to agree and compromise if they want the process to be quick and painless, to the point that they wouldn’t have to spend too much money in its processing. Of course, this isn’t done with them alone. Their divorce attorneys have to be with them during the negotiation so that none of them would be getting a bad deal.
If there are assets to be discussed, those will also be settled as well, so as to avoid any possible conflicts along the way.
The process of divorce can go both ways. If things aren’t discussed in a proper manner, both parties may end up with a mess that would only worsen their conflict. On the other hand, it may also go in a very agreeable manner, wherein the former couple can discuss and negotiate about their situation with the help of their divorce attorneys. If the topics of child support, visitation rights, and assets would be settled then and there, both parties would never have to worry about anything else moving forward.
By familiarizing yourself with the technicalities of collaborative and uncontested divorce, you and your partner may have a smooth process without any possible signs of conflict along the way.
If you are looking for well-trusted and experienced attorneys specializing in Divorce and Dissolution of Marriage, look no further than our experts at The Dorsey Law Firm. We are the top Jacksonville attorneys, and we offer our services in cases related to family law, criminal law, and personal injury. Contact us today and let us handle your legal concerns for you.
November 21, 2021
Every responsible parent should want the best for their child, including taking care of them and providing for their needs. Child support in Florida is mandatory until a child’s 18th birthday, but parents can always choose to keep supporting their child even after that period. Some do this, especially if the child hasn’t graduated from high school yet or has a disability.
Florida lawmakers updated legal terms so that both parents can feel equal importance in their child’s life. If both parents have agreed before filing for divorce, they’re required to follow a parenting plan called parental time-sharing. This parenting plan establishes that both parents have equal responsibilities towards caring for their child’s well-being. Many parents agree on a schedule with the help of a family lawyer.
If you’re trying to negotiate terms with your child’s other parent, here are additional guidelines regarding Florida’s rules on child support:
Paying Child Support
When you’re paying child support, a judge could order retroactive child support, which means you’re required to pay from the time of your divorce until the judge issues the support order. However, keep in mind that Florida’s laws dictate that retroactive child support cannot exceed 24 months. Past due support is a term used when a parent fails to pay child support on time.
If the parent of a child fails to obey the law, the Department of Revenue eventually steps in because they’re responsible for enforcing Florida’s child support program. Officials can send late notices, and if there is still no action taken, they can send income withholding notices to employers or the parent’s other payers of income.
If these measures aren’t working, the DOR can send a driver’s license suspension notice and an invitation for the parent to work with them to get the child support paid. If all else fails, authorities will have to file a legal action in circuit court to enforce rules.
Child support in Florida is primarily determined by the income of the father and mother. The state also considers the days a child spends with their parent. They also consider child care, health expenses, and any deductions or exclusions. However, whatever total amount comes from these calculations isn’t set in stone. Changes in your work life, health, or family situation can affect the result.
When you’re filing for child support, it’s helpful to know an estimate of your income because it’ll give you an idea of how much the court will require you to pay. According to Florida laws, your income is any form of legal payment. These include bonuses, commissions, allowances, overtime pay, or tips.
The court could also consider other legal payments like your business incomes, disability benefits, independent contractor compensation, payments from federal or local governments, or pensions. Your retirement and annuity payments are also considered income, as well as any rental income, royalties, trusts, estates, Social Security benefits, and spousal support you might have.
Child support is your child’s legal right, and both parents are mandated by Florida laws to have equal contributions to their child’s upbringing. If you and your ex-spouse have come to an agreement before filing a case, it’ll be easier for your family lawyers to compose a parenting plan that is fair for both of you.
Dorsey Law JAX has the best family attorneys in Jacksonville, FL. We also specialize in criminal law and personal injury. If you need help determining the terms and conditions of child support, get in touch with us today.
November 7, 2021
The timesharing plan is almost always the most contentious topic in a child-related divorce. Following a divorce or separation, the majority of Florida courts prefer that children spend as much time as possible with both parents unless one parent is ruled unfit or otherwise incapable of doing so. According to Florida Statute 61.13, minor children should have “frequent and continuous contact” with both parents throughout a divorce or separation. Furthermore, the legislation states that “no presumption exists in favor of or against” any parent or timesharing arrangement.
Certain behaviors, however, can impair your prospects of acquiring custody or negotiating a good timesharing arrangement during a child custody fight. Now, let’s go over the most common errors to avoid while dealing with Florida custody and timesharing difficulties.
Making Yourself a Priority
The best interests of the child are always prioritized under Florida law. For this reason, prioritizing your personal interests over theirs may endanger your chance to obtain an appropriate timesharing arrangement. This means that the court will be unconcerned about your specific timesharing arrangement as decisions will be made for the benefit of your child.
Excluding Your Spouse in Custody Arrangements
Florida courts believe that regular contact with both parents serves the child’s best interests. Denying visits or alienating the other parent may result in the court deeming that parent unfit for custody and reducing or removing parenting rights. Establishing and maintaining a mutually beneficial timesharing arrangement in Florida necessitates great co-parenting.
Inciting Domestic Violence
Divorce leading to conflicts can be exceedingly volatile. Related allegations, or worse, convictions, can have a substantial influence on a parent’s timesharing and custody rights. For this reason, the accused spouse must demonstrate to the court that they are competent of parenthood. By maintaining a calm disposition, you avoid engaging in violent circumstances in which your spouse can accuse you of domestic abuse.
Engaging in Substance Abuse
When one parent accuses the other of abusing substances, the accused parent should not be hesitant to defend himself or herself. When minor children are involved in a divorce, Florida courts take allegations of parental intoxication or drug misuse very seriously. To avoid being falsely implicated by your ex-spouse, you must refrain from using alcohol or other illicit substances in front of your children before, during, or after your court case.
Moving Locations with Children
Many parents make the fatal mistake of relocating with their children while their divorce is pending. Florida Statute 61.13001 prevents a parent from relocating their children more than 50 miles away without a court order or the consent of the other parent. It takes effect when either parent files a divorce petition in Florida and could have disastrous ramifications when this law is dismissed.
Divorce is difficult to begin with, and the situation gets even more complicated when children are involved. As a responsible parent, you must keep in mind that your child is the priority. Keep these common errors in mind and avoid them at all costs. Even better, think of ways to actively participate in an amicable relationship with your spouse. With simple communication, all sides win.
It’s important to settle matters with your spouse for your child’s future. If you’re ready to make decisive steps regarding timesharing and custody errors, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us now at (904) 394-2865.