March 18, 2022
Family law in Florida has very clear provisions about different parts of divorce and custody. Many of these terms and clauses can accurately outline what former spouses and children can expect of one another during such a situation and arrangement.
Divorce is quite straightforward, as it is defined as the dissolution of a marriage or relationship that involves legal paperwork and possibly a court hearing. Custody is also understood as the legal rights and responsibilities that a parent or guardian may have over a child.
However, there are more terms to the whole situation than just those two. A variety of phrases and words will likely be heard at one point or another throughout your divorce and custody proceeding. For proper guidance throughout such sessions and trials. It’s ideal to seek a knowledgeable family lawyer in Florida to help you out.
To provide you more insight, here are some terms to be aware of when it comes to divorce and custody:
1) Parental Responsibility
One of the most important things to do when filing for a divorce is to find out what your parental responsibility is. This means knowing what you can and cannot do for your child; this include issues regarding their schooling and health, among many others. Each parent should know their obligations for a person.
2) Visitation Rights
Visitation rights refer to the process in which a non-custodial parent can visit their child. Usually, this process is outlined in the divorce settlement. On the other hand, some have an open visitation schedule that allows parents to visit their children. The visitation rights involve a case-by-case situation analysis in court.
3) Parenting Plan
There are two types of parenting plans that can be set into place. One is known as a “joint parenting plan”, which is a plan that allows both parents to share responsibilities and custody of their children. The other is a “sole-parenting plan”, which involves only one parent having custody of their kids.
4) Time-Sharing
Apart from visitation rights, it’s important to time-share. Time-sharing has to do with how much time each parent will spend with the child. The child’s schedule will be set by the court, as they will decide how many days or hours each parent will be allowed to spend with their child. The information is usually shared on a day-by-day calendar basis.
5) Mediation
Being the two parties involved in the divorce, it’s no surprise that emotions may get involved. Mediation is a way for two former spouses to communicate and talk about the divorce and custody. A neutral third party, the mediator, acts as the judge who will intervene in the conversation and help everyone come to an agreement.
6) Alimony
Alimony is also known as spousal support. This is when one party gives financial support to the other party after the divorce. This process works because the receiving party will see the amount of money they can receive monthly. Alimony is always negotiated by the parties involved and not imposed by the judge.
Conclusion
Some of the most important terms to know when it comes to divorce and custody. Remember, you can always ask an attorney for more information or clarification on the terms and your unique situation.
Want to know more about divorce and child custody? Dorsey Law JAX attorneys specialize in family law, criminal law, and personal injury in Jacksonville, FL. Get in touch with us today!
March 11, 2022
So, you’re about to get married, but you and your partner have decided to get into a prenuptial agreement. There is a certain stigma that swirls around this topic, so you may not be all too familiar with many of its aspects.
Of course, it’s still a perfectly valid agreement to get into before tying the knot. It’s simply in the best interests of you and your partner to figure out the purpose and details of your prenup and what it really entails.
What Is a Prenup?
A prenuptial agreement is basically a legally binding contract between you and your spouse-to-be. It’s mainly a long-term arrangement that outlines how your separate assets will be handled in case of a divorce or death.
Additionally, a prenuptial agreement can ensure that your spouse will not receive any inheritance from your parents or any members from your side of the family, should that be stipulated. So, there are a lot of legal aspects and implications to consider, but it can also be a nice gesture of openness and honesty between you and your partner.
Why You May Want a Prenup
A prenuptial agreement is something that you and your partner should approach with an open mind. It’s also not something you should just jump right into lightly. So, you should take some time to consider your reasons for pursuing it.
There are a few pretty common reasons to consider this route.
One significant reason is to protect the assets you already have. It’s simply good to be aware that the split will be fair and that it will be handled in a way that could benefit both you and your partner.
The other reason is to prevent future assets from entering the marriage. These assets could be inheritances or money that your parents leave you down the line. You might not want that money to go to your spouse or bring any conflict, so it’s a good idea to set some rules and boundaries surrounding these assets.
This agreement will also define the separation of assets from each individual before entering into a marriage. This way, you can more easily distribute funds and responsibilities from earnings in the marriage, separate from the assets you each already have personally.
How Long a Prenup Lasts
There are a few different ways to approach the length of your prenup.
One is to keep the agreement in place for the full duration of your marriage. In this sense, it acts more like a legal document that outlines the goals of your marriage and how everything will be handled.
Another option is to have it expire after a certain amount of time. In this case, you can say you want it to be in effect for a few years or until a certain age or event has been reached. In the end, it’s up to you and your partner to decide how long you want the agreement to last.
Conclusion
Getting married is an exciting and big step. However, you may be wondering whether you and your partner should get a prenuptial agreement in place. Ultimately, it’s up to you and your partner to decide if you want one. If you know the criteria and stipulations that come with it, you can make a more informed decision.
If you’re looking for the top Jacksonville attorneys specializing in family law, reach out to the Dorsey Law firm. With over 35 years of experience, we can provide you with help with your prenup and more. Contact us today at (904) 394-2865 for a consultation.
February 26, 2022
When going through a divorce or separation, it’s not always the most recommended living situation to remain under one roof. That said, it isn’t easy to avoid.
Of course, you must make sure that you are on good enough terms with your former spouse to be living together during the proceedings.
There are a few ways to make the situation better, and lawyers recommend sticking to a few guidelines to keep the peace and prevent any further complications that may affect the process of legal separation.
Align Your Schedules Accordingly
Think about the new schedule and make sure that you can work with your former spouse’s schedule and vice versa. This is especially important if you have children or pets to take care of.
On top of this, you want to ensure that your schedules don’t cause disputes. Whether you prefer to have similar daily itineraries or opposite “shifts” for activities, aligning in the start will help you come up with a compromise and allow the two of you to remain civil as you spend some time together.
Establish Parental Responsibilities
If you have children, always make sure to discuss who will take care of them and when. If you have joint custody, you should always talk about the schedule together before making it a regular thing.
Since you are under one roof, you will want to establish time spent together and tasks needed to care for the children. Cleaning the house, bringing kids to school, making food and feeding them, and other related activities should be considered in a way that’s fair to both parties.
Divide Chores and Tasks
Dividing chores is another essential thing to consider when sharing the same space. Housework can become a source of conflict, especially when one party feels like the others don’t participate enough.
Even if you don’t see it, the other person could feel like they’re getting the brunt of it. Be open to sharing the task to avoid this. When necessary, divide them into more manageable parts. This makes having a common space and remaining roommates a more bearable experience.
Avoid Getting Intimate with Each Other
While it’s easy to understand that it may be your former spouse you’re living with, it can be easy to get too close. This is why it would be best to avoid getting intimate with each other.
Sure, it’s best to remain civil about things. However, you risk your progress if you end up having a physical relationship. This can bring up old wounds, complicate the situation, and deal more damage than intended.
Be Mindful about Dating
It’s best to avoid introducing a new person into the situation. This can cause more issues and can further complicate the situation.
If you date other people upon mutual agreement, try to avoid bringing dates into the house. While it can be done, it is not recommended to start dating other people while you are still undergoing divorce proceedings.
Set a Budget and Allocations
Before you agree to live together, you need to make sure that you’ve settled on a budget. It’s best to draw up a plan for the money and to have a system in place for sharing that. This avoids any financial disputes.
Conclusion
The biggest thing to remember when going through this is to be mindful of the circumstances. Make sure that you are both on the same page about the divorce proceedings and the custody of your children. It will help to avoid adding new things that could lead to unnecessary disputes.
If you need the advice and services of Jacksonville attorneys specializing in family law, contact Dorsey Law JAX.
