August 12, 2021
Marriages don’t always end up the way we imagined them. That much has become a fact as more and more couples turn to divorce after being married for some time. One aspect of a divorce that remains controversial up to this day is the issue of alimony, particularly permanent alimony. One of the purposes of permanent alimony is established to protect the lower-earning spouse from financial ruin after a divorce. To understand the complexities of alimony, let’s break down its many components and how the law works.
Components of Alimony
Divorce cases often take a long time to settle just because of the issue of alimony. Before we can look at permanent alimony, we must first understand its many components and how the court arrives at a decision about alimony. According to Fla. Stat. 61.08, alimony has many components, including:
- How a court determines an amount of alimony
- How the length of a marriage affects the length of the term of alimony
- The different types of alimony available
- What factors the court should consider in awarding alimony, and how much should be paid and for how long
- When alimony can be modified or terminated
Types of Alimony in a Florida Divorce Case
Spousal support can be awarded based upon a variety of circumstances, as mentioned above. Alimony is intended to make it possible for a spouse who has been financially dependent during the marriage to maintain an acceptable standard of living and to ease the transition back into single life. The following is a breakdown of several different types of spousal support:
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- Permanent Alimony – As the name suggests, this allows the dependent spouse to receive alimony for the rest of his/her life. Permanent alimony is generally applicable for those who have been involved in a moderate to long-term marriage.
- Rehabilitative Alimony – In situations where one party needs economic assistance in order to get back on their feet and become self-supporting. There must be a plan of rehabilitation (i.e. school, training, or whatever is needed) to rehabilitate the former spouse.
- Bridge The Gap Alimony – Alimony for short-term marriage. The length of time is limited to two (2) years.
- Durational Alimony – This is a relatively new form of alimony where it is awarded after having been in what is deemed a short to moderate-term marriage. Durational alimony cannot exceed the length of the marriage.
Reducing Your Risk of Permanent Alimony
The length of the marriage matters a lot when determining permanent alimony. According to Florida law, if you’ve been married for more than 17 years, permanent alimony can be considered by the court, along with all the other factors mentioned above. So does that mean that once you’re married for that long, you have to pay alimony forever?
The answer is no. Every case is different, and the 17-year threshold isn’t a hard and fast rule. Fla. Stat. 61.08 provides the court with a bareboned legal framework for determining the outcome of your case, but it really is up to the court to decide. Of course, your income will be considered and any other circumstances and events including the needs of your spouse.
Once the court determines that there is a rebuttable presumption of permanent alimony, there is an opportunity to challenge that presumption. You can do this by presenting evidence that either you do not have the ability to pay or the other spouse does not actually need alimony. You may need to prove that even if you’re the higher-earning spouse, you have assumed significant debt and liabilities that could leave you without the means to pay alimony.
Termination Of Permanent Alimony
The remarriage of your former spouse or death of either party. Also, if your former spouse is living with someone in a supportive relationship, the court may modify or terminate alimony.
Conclusion
Permanent alimony can be a tricky situation to deal with. This is what makes divorce cases that much more gruesome to go through for both parties. If you want to reduce the risk of getting permanent alimony, understanding how the court makes their decision would be your best defense. Hiring an expert in family law can help a lot and will make your case even stronger.
If you’re in need of an experienced Jacksonville family lawyer, then The Dorsey Law firm can help you with all your legal needs. Our firm counsels clients on a wide range of family law issues, including divorce, spousal support, relocation of children, property division, and domestic violence injunctions, among others. If our family law approach sounds like it might ease and resolve your divorce, contact Dorsey Law JAX today.
August 4, 2021
There comes a time when parents need to file for child custody due to various reasons, such as divorce, annulment, separation, adoption, or parental death. Whatever the reason behind this, child custody is usually determined with the child’s best interests in mind.
If you are a parent filing for child custody, it is only best to understand the differences between child custody types. So, without further ado, here are the following types of child custody:
Physical custody gives a parent the right to housing the child. Some states award joint physical custody to both parents when the child spends significant amounts of time with both of them. This custody type works best if parents live near each other so the child can maintain a relatively normal routine.
If the child primarily lives with one parent and has visitation with the other, the parent that houses the child, a.k.a. the custodial parent, has sole or primary custody. The noncustodial parent only has the right to visit or have parenting time with the child.
Legal custody of a child means a parent has the right and obligation to make decisions for the child’s sake. That includes the child’s upbringing, schooling, religious choices, and medical care. In most states, courts award joint legal custody to both parents.
If you are sharing joint legal custody and decide for the child without including your ex-spouse in the process, the judge can take you back to court and plead with the judge to enforce the custody agreement. That could end up in more friction between the two of you and harm the child in the process. It can also be expensive.
In most states, joint legal custody is preferred. So if you don’t want that, you need to convince a family court judge that it is not in your child’s best interests.
One parent can have either sole physical custody or sole legal custody of the child. Courts don’t hesitate in awarding this custody type when the other parent is unfit, especially if he or she is drug dependent or has child abuse and neglect charges.
However, most states are leaning towards enlarging the role of both parents in the child’s life. So, even if courts award sole physical custody, both parents may still share joint legal custody, with the noncustodial parent enjoying a generous visitation schedule.
In this situation, both parents will make joint decisions about the child’s upbringing, but the custodial parent is the primary physical caretaker. It’s best to seek sole custody only if the other parent poses direct harm to the child and not due to animosity between the two of you.
Parents that don’t live together have joint custody or shared custody of the child. That means you share decision-making responsibilities and physical custody of the child. This custody type exists when parents are divorced, separated, no longer cohabiting, or never lived in the same household.
Final Thoughts
The most crucial thing in every child custody case is what’s in the child’s best interest. Parents must act civil, whether there is hate or not since the two might share custody and are equally involved in the decision-making processes.
Dorsey Law Firm is a leading family law firm in Jacksonville. We have experienced trial lawyers committed to attending to a wide range of family law issues, including child custody. We attempt to negotiate settlements but are not afraid to take a case to trial when necessary. Do you need a lawyer? Get in touch with Dorsey Law Firm today.
July 29, 2021
DUI is short for driving under the influence, and it is one of the more common offenses you can find in Florida. It happens when someone is driving or in physical control of a vehicle while under the influence of drugs, chemicals, or a controlled substance. The more common cause of DUI, however, would be alcohol. As such, drunk driving has become a typical way people refer to DUI, although you wouldn’t need to be drunk to be guilty of said offense.
In this article, we’re going to delve deeper into DUI, answering various questions to help you learn more about DUI cases in Florida.
1. Will the Offender Be Sent to Jail?
One of the biggest worries about DUI offenders is that they may end up going to jail for the offense. However, this will depend on how often the offense was committed. If it was a first-time offense, there would be no jail time. However, if it were the second time within the first five years of the previous conviction, then a minimum term of ten days is required. A third conviction within the ten years that the first two offenses were made, and one can expect at least thirty days of jail time.
2. Can the Driver Refuse to Take a DUI Test?
While it may surprise a few to know that one can refuse a DUI test, it comes with its consequences. The law allows police officers to seize and suspend your driving license for at least a year for the first refusal and 18 months for any subsequent refusals after. Refusing a DUI test will also be admissible in criminal proceedings used against the offender. As such, it is the smarter route to take the DUI test if one has been lawfully arrested.
3. What Is “in Physical Control” of a Vehicle?
When it comes to DUI, the offender will be the one “in physical control” of the vehicle while under the influence of drugs, alcohol, or chemicals. The term “in physical control” is used as a way to set the blame on the person who has the capability and power to direct the vehicle, even if they weren’t driving at the moment. This means that even if the car is at a complete standstill, a person can still be convicted of DUI if they are sitting behind the wheel with the keys in the vehicle.
4. Is It in the Officer’s Right to Seize a Driving License?
Police in Florida have the right to seize a driving license should they be driving with an unlawful blood-alcohol level, which is 0.08% or higher. They can also seize the license of those who refuse the breath, blood, or urine test. The driver will also be given a traffic ticket that acts as a ten-day temporary work permit and a notice of suspension of the driver’s license.
Conclusion
With that in mind, it is never a good idea to drive under the influence under any circumstances. Not only do you put yourself in danger of an accident, but you also put the lives of those around you at risk. As such, if you are planning to drive, do not get into drinking or the use of any drugs or chemicals. If you do, then consider having someone else who is fully sober drive for you. This way, you can get to your destination safe and sound, and you will not run into any trouble with the police.
Dorsey Law JAX offers top Jacksonville attorneys offering aggressive and expert representation to achieve the absolute best outcome. Contact us today and receive the support you need!
