June 10, 2021
No one enters a marriage with the plan of divorce. Unfortunately, not all marriages work, and some may up divorcing. Divorce proceedings can be incredibly stressful—financially, physically, and mentally. It is not easy to get divorced. In Florida, there are many considerations to be made and requirements to be met before a divorce can be legally granted to the couple.
In this article, we will delve into Florida’s divorce process and talk about the various points you should understand before heading into a divorce:
1. Marital Assets and Liabilities
The Court will require a written agreement stating what assets or liabilities are marital. Marital items will be distributed as evenly as possible to the two parties unless otherwise indicated by a written agreement. If there is no written agreement, all assets and liabilities will be treated as marital and distributed as equally as possible.
Things get a little more complicated, however, when it comes to property acquired prior to or outside the marriage. A prenuptial agreement generally provides more clarity to which parties own what after the divorce. This is to avoid treating all assets as marital.
2. The resident requirement
A divorce in Florida requires one of the spouses to have resided in the state for at least six (6) months before filing. This can be provided in various ways, such as showing a Florida driver’s license, voter registration card, or other proof of residency such as a corroborating witness or corroborating affidavit.
This resident requirement exists because it allows Florida to be given jurisdiction over the subject matter of the case. If the Wife has lived in Florida for six months or more, and is a resident, but the Husband is in another state, Florida may not be able to order the Husband to pay the Wife alimony or distribute assets.
Conclusion
A divorce is a long and complicated process, lasting as long as a year or even more in some cases. Regardless, divorce always be done with the help of an experienced family lawyer. This will ensure that those pursuing a divorce can go through the process with appropriate representation. That being said, if you still have questions about a Florida divorce or need help with the process, do not hesitate to work with a divorce lawyer!
The Dorsey Law Firm (www.dorseylawjax.com) is a top law firm with expert law officers experienced in family law, criminal law, and more to provide clients with the services needed to navigate the legal system. If you are looking for top Jacksonville attorneys to help you through a divorce, contact us today!
June 3, 2021
As a parent living in Florida that has come to know and love it as your own home for years, you’re probably familiar with the fact also commonly referred to as a no-fault divorce state.
Compared to some other states, Florida allows residents to file for divorce without the need for additional proof of documentation, making it easy for those who desire a divorce to receive immediate help. According to the Florida Statutes, all that’s needed is proof the marriage is irretrievably broken and proof that either you or spouse has been a continuous resident of Florida for the six (6) months preceding filing for divorce. A copy of your Florida Driver’s License is proof enough of residency.
If you’ve been having trouble with your spouse, you’re likely set on going your separate ways to resume a happier life without the shackles of bad marriage weighing you down. However, the problem lies in the fact that navigating the court system itself during the filing process can be especially difficult, even if you have a skilled lawyer by your side.
Fortunately, you won’t have to worry about the complications of the divorce process affecting your long-awaited freedom because this is where the “P.E.A.C.E.” principle comes into play.
Dissecting the P.E.A.C.E. Principle
The experience of navigating the divorce process in Florida has become increasingly difficult because the end result of the process can have a long-lasting effect on both your children and your finances. However, it’s worth noting that knowing the steps of the legal process will allow you to make the right decisions moving forward to help you minimize the degree of complications you’ll run into along the way.
To ensure that you go through the divorce process error-free, here’s a quick guide to the P.E.A.C.E. principle that represents all the steps the Court exclusively follows in entering a Final Judgment of Dissolution of Marriage.
P: Parenting Plan
Typically, the Florida divorce process begins when the parents involved work towards reaching an agreement on how to address parenting (if they have children in their marriage).
When the parties reach an agreement, a judge will ratify the terms of the agreement to ensure that all commitments are upheld and both parties are set to experience amenable conditions in terms of their parenting requests. If parents cannot agree to a settlement, the Court will decide based on the children’s best interests without any preference towards either parent because of the gender. There must be a Parenting Plan in all divorce judgments with children. (See: Williams v. Williams).
E: Equitable Distribution
After the Parenting Plan, the next step is an equitable distribution of the marital assets and liabilities. Marital assets and liabilities will be subject to an equitable distribution. Although the courts will start dividing both marital assets and marital debts with a 50-50 split (See: Hitchcock v. Hitchcock.) Unequal distribution may be determined based on relevant statutory factors.
A: Alimony
Alternatively known as spousal support, alimony in Florida divorces is concerned with establishing the payment of support from one spouse to another. Alimony is primarily based on the premise of the disparity in the financial resources of two parties, the fundamental principle that guides the award of alimony is typically irrefutable unless contested with a sufficient basis. The following are different types of periodic alimony:
- Temporary
- Bridge the Gap
- Rehabilitative
- Durational
- Permanent Rehabilitative
C: Child Support
After settling the alimony, Florida courts will establish how much child support will be required by each parent. Based on the Florida Child Support Guidelines, the amount one or both parents must pay is calculated using these factors:
- The net income of each parent
- The number of children involved
- The overnight timesharing arrangement (or the agreement established during the “P” stage of the process)
- Whether either party is paying for health insurance and/or childcare for the child(ren)
E: Everything Else
Once important matters like parenting plans, equitable distribution, alimony, and child support are settled, Florida courts will assist couples in handling miscellaneous concerns about the divorce process such as health insurance, life insurance, claiming the child(ren) as a dependent on the annual income tax returns and attorney’s fees and costs.
Conclusion
Going through a divorce in Florida may not have any legal hindrances like processes in other states, but the logistics of the whole process can be difficult when it comes to understanding everything in full detail. Once you become well-aware of the P.E.A.C.E. principle, it will be easier to make the right decisions moving forward as you overcome the hurdles that lie ahead of you!
At Dorsey Law Firm, we have more than 35 years of experience handling family law in Jacksonville, Florida. If you’re about to file for divorce and need an experienced attorney to help you navigate the process, please contact us today to see how we can help!
May 27, 2021
The dissolution of a marriage is never easy, but it’s even more difficult when you have children together. The other person will always be in your life as your co-parent, which means that you relationship with each other must evolve accordingly to continue supporting your child. Instead of being romantic partners or spouses, you are now partners in raising your children to the best of your abilities. Part of this task is to make sure your children enjoy a healthy relationship with each parent.
Suppose the end of your romantic relationship was heated and bitter. In that case, you may be wondering if it’s worth investing in your children’s future relationship with your former spouse and ensuring they get the support they need. Due to the nature of your relationship with your former spouse, you may believe that person does not deserve to spend time with your children or that person cannot care for your children as well as you can. Here’s what you need to know:
Why You Should Involve The Other Parent in Your Child’s Life
Every child deserves to have two loving parents who can give them the care they need to thrive and grow into themselves. Strong parent-child relationships are essential to your children’s health, as they’ll learn what healthy, secure attachments look like, teaching them how to form them with other people in their lives. They will also learn how to regulate their emotions properly, manage stress, and grow to be self-sufficient and independent.
Florida especially understands the importance of keeping both parents in children’s lives as much as possible, which is why it is important to support your children’s relationship with their other parent. It is in the child’s best interest, which the court considers when determining time-sharing and parental responsibility. The court will also account for each parent’s willingness to support these ties when establishing a parenting plan.
How to Support A Relationship Between Your Child and Co-Parent
According to the Florida Statutes, each parent must demonstrate a capacity to facilitate and encourage a close and continuing relationship between the parent and child. Each parent must also honor the time-sharing schedule and be agreeable to reasonable changes when they are necessary.
It’s important to note that facilitating a good relationship between your children and the other parent doesn’t mean that you’ll give the other parent free rein over your children, allowing them unlimited time and parenting without limits. It means that you must be willing to follow the time-sharing schedule dictated by the court to allow equal time for your children to develop a strong relationship with each parent.
However, while respecting the schedule is crucial, you must also be flexible when the situation arises. For example, when the other parent suddenly needs to attend to a work emergency on the night they were supposed to spend with the children, it would be reasonable to agree to swap nights. On the other hand, if you believe that the other parent is taking advantage of your agreeableness, you will need to document these instances and bring them with you to court.
If you believe that your children are in genuine danger when they are with their other parent, such as being exposed to alcohol or drug abuse, it’s essential to notify the court of this. While children must still have the opportunity to get to be with their other parent, they must be exposed to a harmful environment or neglect.
Conclusion
Facilitating a close, healthy parent-child relationship is crucial to your children’s developmental growth and success as a mature adult. By following our guide, you will ensure that your children can get to know their other parent in healthy circumstances and understand that you and your partner still love them even though you are no longer together.
The Dorsey Law Firm of Jacksonville is home to lawyers with an extensive background in family law, criminal law, and serious personal injury. We take pride in aggressively representing our clients in all family law matters, whether emergencies, injunctions against domestic violence, or the dissolution of a marriage. Contact us today to speak with an attorney!
