June 2, 2022
Getting ready to file for divorce requires you to get your financial documents in order. One of the documents you will file is a Certificate of Mandatory Disclosure. Each party is required to provide documents to the other party. The documents you provide should include tax returns, pay stubs, bank statements, credit card statements, proof of any debts you may have, and liabilities. Aside from this, there are other things that you need to do to get through the process. To help simplify things, we thought it would be useful to put together a brief article on this subject. If this is something that you want to learn more about, read on as we break down everything you need to know when filing for divorce in Florida.
What Options Do Couples Have When It Comes to Divorce?
If the parties can agree to terms, there is also an uncontested divorce. If the parties agree on everything, including the division of assets and liabilities, parental responsibilities, time-sharing, and financial obligations, then our firm can draft an uncontested divorce with all of the documents necessary for filing. Once the documents are signed by the parties, we will present them to court, for review and entry into a final judgment of dissolution of marriage.
How Does Divorce Work In Florida?
In the state of Florida, the first step to getting a divorce is to file a petition for dissolution of marriage. Your spouse is served with the petition and a summons and will then have 20 days to file an answer. Once that answer is filed, both parties will have to file financial affidavits and mandatory disclosure. Depending on the outcome of these steps, the parties may enter into a partial or full agreement, or they proceed through mediation.
If the parties can come to an agreement during mediation, we can set a date before the judge for them to dissolve the marriage. The parties may ask the court to decide issues about financial matter and/or about timesharing. The court will set a hearing for the judge to hear from the parties. Before any court date, I will meet with my client to review what they can expect and to work with them on testifying and responding to questions posed by opposing counsel. If you have a court date, it’s important to be prepared to present your positions and show that you have evidence supporting your arguments.
Which Party Pays Spousal Support Or Alimony?
Either partner may have to pay spousal support. The court first decides whether either of the partners has an actual need for spousal support and whether the other partner has the ability to pay spousal support. After that, the court considers all relevant factors such as the duration of the marriage, the standard of living established during the marriage, the age and physical and emotional condition of each partner, the financial resources of each partner, the earning capacities and educational levels of each partner, the contribution of each partner to the partnership, the responsibilities each partner will have with regard to any minor children they have in common, and any other factor that may be relevant. Spousal support/alimony is not always awarded. It is important to contact me prior to filing for divorce if you believe that you may have to pay spousal support or if you believe that you may be awarded alimony, as we need to develop a strategy as soon as possible.
Child support is calculated using a specific formula based on the income of the parties, the number of overnights each party spends with the child, health insurance, and daycare costs. Courts have the discretion to make alimony calculations based on the parties’ income and expenses as well as other factors such as the length of the marriage, the parties’ financial contributions, and their education.
If you’re looking to explore other means of separation, The Dorsey Law Firm has the best divorce lawyers in Jacksonville. We have over 35 years of experience when it comes to providing clients from all over Florida with legal services. Contact us today to set up your in-person appointment!
May 27, 2022
Divorce is rarely a comfortable experience, but for some, it can be a relaxing one. However, divorce myths are prevalent among even the most casual observer. We’ve assembled five of the most common myths to help you understand the reality.
Common Myths About Divorce That Need to Be Cleared Up
1 – Mothers Always Get Custody
Studies show that mothers are more likely to be awarded physical custody than fathers are, but fathers are not automatically destined to be single parents. Many factors come into play in determining custody arrangements, and the outcome of a custody battle is never a given.
2 – It’s better to stay married “for the sake of the kids.”
It is never a good idea to live in a marriage that is in conflict or that you are unhappy with. Children do best in homes that are stable, nurturing, and happy. Even if your kids would be best off with two parents staying together, you should still be thinking about what you want and need, not what’s best for your children.
3 – Divorce Is Someone’s Fault
When it comes to the end of a marriage, the truth is that it’s rarely one person’s fault. There are always contributing factors and events that lead to a divorce, so it may be better to think of divorce as something that happens between two parties rather than as a reason to blame one or the other.
4 – A Couple Can’t Co-Parent Without Having a Relationship
Divorce doesn’t have to be an all-or-nothing proposition. Many parents, especially those who didn’t have a good relationship during the marriage, don’t think that they can co-parent effectively. That’s not true. You can co-parent with your ex-spouse even if the marriage is over completely. While co-parenting can be difficult and even emotionally draining, it can also be rewarding and beneficial to both you and your child.
5 – Couples Who Divorce Carry a Lot of Regrets
Regret is a common emotion in the face of divorce, but regret isn’t always present, and it can be brief. A good way to determine how much regret you will have is to think about how long your marriage was happy. If your marriage was unhappy for a long time before it ended, you are likely to have less regret than someone who had a short but happy marriage before it ended.
6 – It Is Better to Wait Until Children Are Older
The general consensus seems to be that the older the children, the easier the divorce will be. The truth is that no matter how old the children are, you still need to take your time to grieve, get a lawyer, and prepare for the coming changes.
Divorce has become much more prevalent in our modern society, but that doesn’t mean that it doesn’t come with its own set of myths and assumptions. To ensure that you can avoid some of the common myths about divorce and what this process entails, it is a good idea to contact an attorney today.
If you ever find yourself in need of a family lawyer, contact Dorsey Law JAX. We have the top Jacksonville attorneys specializing in family law, criminal law, and personal injury ready to assist you!
May 19, 2022
In today’s digital world, maintaining the security of your personal data is critical. As technology evolves, evil people will be able to steal your information and use it against you. Indeed, it is all about getting enhanced security measures intact.
During a divorce, you should use caution when dealing with sensitive data such as bank records or online passwords. There are numerous steps you may take to improve your personal security and privacy.
Read on to discover the seven ways to protect your personal information during a divorce.
Prioritize Your Privacy
Often, a divorced couple would agree ahead of time to respect each other’s privacy during the divorce process. Any type of agreement safeguards both parties from the other party exploiting sensitive material for personal gain or demanding a greater payment.
Alter All Your Passwords
On any website that supports it, it is suggested that you change your password on a frequent basis. If you suspect your spouse has accessed your email, bank account, social media accounts, or other personal information, change your passwords to something more unique.
Make a secure password by mixing letters, numbers, and special characters like a dollar sign or a slash. Avoid using passwords that are easy to guess, especially those that include personal information such as a name. A more difficult password protects your privacy.
Avoid Posting on Your Social Media Accounts
While it may be tempting to post-divorce updates on Facebook or live-tweet court appearances, it is best to ignore social media during your divorce. Posting information about your divorce on a public forum can damage both your court case and your settlement agreement.
Change Your Mailing Address
If you continue to live with your ex-spouse, he or she may be permitted access to and opening of your mail. Consider forwarding important mail to a different address, such as your parents’ address or a post office box.
Encrypt Your Documents
Consider keeping any personal documents in your home out of reach of your spouse. Investing in a safe or having your documents stored by someone else can help keep them safe.
Secure Your Finances
It is vital to keep track of your financial situation. Furthermore, asset concealment might jeopardize the settlement agreement. While you should not conceal assets, you can take precautions to protect them.
Begin by opening a separate account if you and your husband have a joint account. You and your spouse can both access records and statements at the same time. Setting up a separate account minimizes this risk and protects your hard-earned money.
Second, if you and your spouse share a credit card, consider applying for a second one. This not only protects your cash but also allows you to develop your own credit score apart from your spouse’s.
Hire a Lawyer
Divorce is stressful enough without having to worry about data security as well. In order to fight for what is rightfully yours, you will need the support of an attorney.
Going through a divorce is a tough feat to overcome. This is why you should make sure that you protect yourself throughout this legal (and often lengthy) process. Simply keep these suggestions in mind and contact professionals who can guide you through your divorce.
If you’re ready to make decisive steps regarding your divorce, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us now at (904) 394-2865.