April 15, 2021
As a “no-fault” divorce state, Florida law provides for residents to seek a divorce without the need grounds other than the marriage is irretrievably broken. The spouse who wants a divorce must allege that the marriage is “irretrievably broken.”
In no-fault divorce law, the court does not decide who caused the divorce, so spouses do not need to speak about painful personal issues in court. One exception to this is if one spouse committed adultery. This may affect other elements in the case. Here are things to know about how a charge of adultery affects divorce proceedings in Florida.
How Does Adultery Affect Child Custody in Florida?
When deciding child custody and visitation, a judge needs to consider the welfare of the child. Though Florida law does not directly mention “adultery” as a factor in these evaluations, judges consider parents’ moral fitness. If one parent can prove the other’s adultery, they may be able to argue that this behavior could have adverse effects on the child. But there must be a connection between extra marital relationship and the care of lack of care of the child.
One outcome could be the judge limiting custody or visitation for the allegedly adulterous spouse. Besides moral fitness, the court also decides based on the child’s reasonable preference and school, home, or community record. The court also decides based on each parent’s physical or mental health and their ability to provide for the child.
How Does Adultery Affect Property Division in Florida?
Adultery could also impact how the court distributes marital property between the spouses. Florida uses equitable distribution, so the law presumes that both parties contribute equally to debts and assets. The judge divides properties and liabilities between the two parties using a set of criteria.
Some of these factors include the individuals’ economic circumstances, the length of the marriage, and each spouse’s contribution to acquiring income or improving liabilities. Other factors include each spouse’s contribution to childcare, willingness to retain a professional asset as a separate property, and whether the spouses interrupted career opportunities or their education for the marriage.
Purposeful wasting of marital assets like money spent on an extra marital relationship may also figure into the court’s decision. If one spouse is guilty of wasting assets, the judge could overcome the presumption of equity. For example, if one spouse used marital funds to maintain an adulterous affair, they could have a reduced share of the marital property as reimbursement to the other spouse for the money spent. This is called an unequal distribution of assets and liabilities.
How Does Adultery Affect Alimony in Florida?
Alimony or court-ordered payments ensure that both spouses have similar financial situations pending the divorce. The court could also order one spouse to provide alimony for a time after the formal separation.
Florida courts award alimony if one spouse needs financial support and the other one can pay. The court sets the type, frequency, duration, and amount of support. Also, judges may consider adultery when deciding how to award alimony. Typically, a wronged spouse’s alimony will only increase if the other spouse’s affair increased the “innocent” spouse’s financial need.
Conclusion
In Florida, adultery may affect various aspects of a divorce, from child custody to property division and alimony. An adulterous relationship may create various complications, and spouses in this situation need skilled divorce lawyers to pull through.
Get the best outcome for your case when you hire the Dorsey Law Firm. We specialize in family law in Jacksonville, representing clients in cases involving dissolutions of marriage, alimony and child support, child custody, visitation and timesharing, high net worth divorces, and much more. Contact us today for more information!
April 8, 2021
Divorce can be a stressful time not only because of the emotional distress you face but also due to the financial issues you need to deal with. For example, suppose your partner runs a family business, or you have a high-earner spouse with multiple employment benefits that you don’t understand. In that case, you need help handling a high-asset divorce.
Unlike divorces between partners with a standard amount of assets, yours is considerably more complicated. To help you learn more about a high-asset divorce, consider this article as your guide.
What Is the Proper Asset Classification for My High-Asset Divorce?
The first step you and your partner need to take is to classify assets and debts as either separate or marital property. Marital ones are subject to equitable distribution, while separate assets will be kept by the spouse who owns them. This process may seem simple because it is straightforward, but it can be complex in a high-asset divorce.
For instance, under Florida divorce law, the property may be subject to equitable distribution if it has been commingled with your spouse or other marital property. It can happen if you live in a house bought before you get married, and one spouse uses marital funds to make home improvements or pay the mortgage.
If you are having trouble classifying assets and debts, make sure to hire local attorneys specializing in high-asset divorces. This way, you are assured of having a professional by your side who can keep your best interests in mind.
Can My House Be Divided for a High-Asset Divorce?
If you own a house and want to sell it as part of a divorce, you will have to include a partition claim in the divorce paperwork. The property may be sold or divided among the parties once the partition is granted. If the home is divided, you likely need an appraisal to ensure a correct value to it.
On the other hand, if the property is not sold as part of the divorce, you or your partner will have to pay a monthly mortgage. Both of you may still be liable to the bank if the spouse must make payments fails to pay.
If you and your spouse signed the promissory note, the divorce settlement would not abolish the bank’s obligation. The spouse will need to seek indemnification from the party who has to pay under the divorce settlement agreement. You can avoid this issue by requiring a refinance to be completed. This way, the non-paying party will be released from liability by the bank.
Can I Keep the Pets after My High-Asset Divorce?
In some states, like Florida, the law views pets as property. Therefore, the court will not allow for any time-sharing orders of pets. You or your partner will have sole ownership of them. If you want to share custody of your pets, it will be at your discretion, and you have to work it out yourselves.
Conclusion
You and your ex-partner can expect the process of a high-asset divorce to be extraordinarily long and complex because it often takes a substantial amount of time to come to a fair compromise. It is primarily because both ends have plenty to lose if you agree right away to the other party’s terms. To ensure the divorce moves quickly, remember the information in this guide and hire an experienced attorney.
If you are looking for a divorce lawyer in Jacksonville, reach out to The Dorsey Law Firm JAX. We have been practicing family law for over 35 years, which means we have the knowledge and experience to represent you and help you achieve the best possible outcome for your case. Schedule a consultation today!
April 5, 2021
The Second Amendment of the United States Constitution states that “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Today, a person has the right to bear arms and, in some circumstances, carry a concealed weapon. However, some restrictions are attached to this law, and failure to follow the law can result in criminal penalties and charges.
This article has all the information you need to know about legally and safely carrying a concealed weapon in Florida.
Legal Definitions:
Florida Statute, S 790.001 (3) defines a concealed weapon as “any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.”
Florida Statue S 790.001 (2)f defines firearms as “any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.” Subsection 6 defines firearms as “any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.”
Can I Carry A Concealed Weapon or Firearm?
In Florida, you can carry a concealed weapon if you have a Concealed Weapon or Firearm License. The Department of Agriculture and Consumer Services is authorized to issue a concealed weapon or firearm license to persons who meet the following qualifications:
- A United States resident or a permanent resident alien
- 21 years of age or older
- Does not have physical infirmity that prevents the safe handling of a weapon
- Has not been convicted of a felony
- Has not been committed for the abuse of a controlled substance in the last three years
- Has not been deemed a habitual offender regarding use of alcoholic beverages
- Demonstrates competence with a firearm through safety courses offered to the public or has been previously licensed to carry a firearm in Florida
Concealed Weapon or Firearm Licenses are valid for seven years. The licensee must carry the license along with valid identification at all times. Violations may constitute a noncriminal violation with a penalty of $25.
Penalties For Unlawful Concealed Carry
First degree misdemeanor – If you are convicted of carrying a weapon that is not a firearm, the penalty may include upon up to a full year in jail and a fine up to a $1,000.
Third-degree felony – If you are convicted of carrying a concealed firearm, the penalty may include up to five years in prison and a fine up to $5,000.
If you have been accused of carrying a concealed weapon, it’s essential to contact an experienced criminal defense lawyer in Florida immediately. Your attorney will be able to defend your rights through the following:
- Active license – If you have an existing license.
- Reciprocity – Florida has reciprocity with over 30 states for concealed carry.
- Concealment challenge – The state may not have met the necessary factors for concealment.
- Weapons not included in the statute.
Conclusion
It is legal to carry a concealed weapon or firearm in Florida as long as you have a valid license. You must meet all the requirements and finish firearm safety training courses if you want to get a license. For safety, be sure to carry your license and valid identification at all times. If you’ve been accused of carrying a concealed weapon or firearm, your first action should be to contact a local criminal defense attorney.
The Dorsey Law Firm has over 45 years of Jacksonville law experience, and we have an impeccable reputation as criminal defense lawyers. We have represented clients in numerous trials in state and federal courts in Florida before nearly every judge in all the northern Florida counties. If you are in need of representation, contact us. We’re here to help.
