February 2, 2021
Although some people are lucky enough to find love that lasts, most newly married couples end up with a doomed relationship. Lifetime only lasts for months, directly leading to a divorce. This causes emotional turmoil, of course, but the divorce process also comes with legal and financial implications.
In the state of Florida, for instance, ending a marriage does not come easy. You’ll want to think beyond the years, going as far as your retirement plans, child support, eligibility, and of course, tax and assets.
It may sound like a lot of trouble, but we’ve curated this guide to help you navigate through such a difficult time. Let’s talk about all the elements you need to consider:
Element #1: Eligibility for a divorce in Florida
If you wish to file for a divorce in Florida, the couple involved must have lived in the state for at least six months. This duration should be before filing the matter with the court, with the exception of military members who reside in Florida, but are currently stationed away from the state. All divorce filings must also be made in Florida’s county, where either of the couples currently resides.
Element #2: Grounds for divorce in Florida
Before filing for a divorce and finalizing your decisions, it’s important to remember that Florida is a no-fault divorce state. This means that you must only file for a divorce when you know and believe that your marriage is broken, with no hope of picking up the pieces.
Simply put, you must be able to show that your relationship is over, and there will be no means of reconciliation. This could be due to a cheating spouse, as well as mental incapacitation.
Element #3: The entire process
Once you meet the eligibility requirements and grounds for a divorce in Florida, you now have the liberty to file for a divorce with the court. You’ll need to accomplish a form called the Petition for the Dissolution of Marriage. Here, you’ll become the petitioner for the divorce, and your spouse would be the respondent.
Once this form has been filed, you now need to present a copy to the respondent. Should they agree to the divorce, they need to accept the service of the papers by filling out and filing another form, now called the Answer and Waiver of Service. This needs to be signed and notarized before filing.
Should they refuse to accept the service of the divorce papers, enlisting the help of a sheriff from the country will be vital. They will then serve the papers to your spouse, in the hopes that they accept the terms.
Within 45 days of your petition being filed, Florida will also require you to procure a signed financial affidavit. This disclosed information about your current financial status, detailing your income, assets, debts, bank statements, credit cards, and even tax returns.
Enlist The Help Of The Best Jacksonville Attorneys
As a no-fault state, understand that Florida will be handling your divorce petitions differently. You’ll need to prove with conviction that you’re ending your marriage simply because it’s over—and with no way to repair it. Processes involved will also be challenging, but with the help of this guide and a lawyer, you’ll be able to get through such an emotional time.
For top Jacksonville attorneys, Dorsey Law JAX has you covered. We’ll help make the process easier and convenient for you, especially since divorce can be an uphill battle of emotions, finances, and other complicated matters. Allow our experienced professionals to help—book a consultation today.
January 26, 2021
Alimony is that familiar term referring to the financial support granted to a former spouse in a divorce. Payments are made from one spouse to another indefinitely or until the receiving party gets married.
In most states, permanent alimony can be granted in the event that the dissolution of a marriage results in one party being less financially capable than the other. In the State of Florida, on the other hand, the court will examine the spouse’s capacity to pay alimony and weigh it against the other spouse’s need for permanent support.
Florida family laws allow many different types of alimony. Each case’s alimony terms can vary from the other in terms of duration, amount, and purpose. This can make litigation in a divorce case far more complex than usual. Much consideration is granted in awarding alimony, so it is important to have the skills of a good divorce law firm in your corner.
The process of determination
There is no standard amount of money or time set for alimony. These will be determined on a case-to-case basis in a court of law. It is also fully possible for the former couple to settle out of court.
As we have mentioned before, the court will consider if the party from whom alimony is being demanded can pay. Factors outlined in Florida divorce law 61.08 will also be used in this decision. Evidence not specifically listed in the statute can also be considered by the judge.
One important facet of the statute is that the alimony award cannot leave the payor with significantly less income than the recipient unless exceptional circumstances were found by the court.
The definition of need
The second most important consideration in determining alimony is “need.” This is not defined as the minimum basic living expenses, but the amount needed to match the standard of living sustained during the marriage. In court, it must be proved that a certain standard of living was achieved, then that the payor can provide this standard of living even beyond the marriage.
The final requirement
In general, judges grant permanent alimony in cases where the marriage has lasted a long duration—17 years or more from the date of the marriage to the date of filing for divorce. This, however, is a presumed number. The court can determine this to be inappropriate given certain circumstances.
There are cases when the terms of Florida Statute 61.08 are considered more important than this rule. In such cases, the party hoping to supersede this 17-year presumption must be able to provide sufficient and clear evidence. If enough evidence is provided, the length of the marriage won’t matter—whether it was of moderate duration (7–17 years) or shorter.
Final thoughts
Family law is no less complex than any other aspect of the Florida legal system. Divorce often results in complicated legal proceedings and bitter conflict, but it is nevertheless important to equip yourselves with the skills of legal professionals. This can result in fairer and more equitable decisions from the court.
If you’re looking for a Florida divorce lawyer, give us at Dorsey Law a call. We can provide you the aggressive and expert representation to achieve the goals you need.
January 21, 2021
No matter the type of family, one thing is common across the board: parents work extraordinarily hard to raise their children in the best way possible. This is especially true for raising a special needs child, where partners face the same pressures of typical parenthood coupled with the challenges of increased medical and educational expenses and other needs.
Separation via divorce or paternity action can also affect the arrangements of providing child support given the circumstances. Fla. Stat. 61.30 states the provision of avenues for parents to ensure the security of the child’s financial needs for the long term. By working with the best attorneys in Jacksonville, you can work to ensure that your child’s needs will be met despite the arrangement following the separation.
Divorce in Jacksonville
When dealing with divorce and being a parent to a child with special needs, you must discuss the full extent of your child’s physical and mental needs with an experienced attorney. This will ensure that the proper calculation and terms for child support are established by both parties.
Different factors, such as the child’s age, may affect the provision of care provided to them after the parents have separated. If you’re confused with how to go about this, then it’s best to approach a reliable divorce attorney near you to clarify the situation.
Documentation of Special Needs
Providing your lawyer with pertinent information and documentation of your child’s special needs is crucial. This should include your child’s diagnosis and prognosis so that your attorney has a clear picture of what is required for a medical expert or physician to testify. Besides medical records, providing documents detailing therapy, school, and medical bills can help your legal counsel put forth a clear and concise argument.
Most child support orders in Florida end when the child reaches eighteen, marries, passes away, or joins the military. However, judges can rule otherwise if significant evidence is presented in the case, allowing child support to continue well into adulthood—especially if the child is determined to remain dependent on their parents after the age of majority. If this is the case for your child, then having an experienced lawyer argue on your behalf is your best shot at being considered for exception!
Limitations of Child Support
Keep in mind that child support doesn’t include any uncovered medical expenses, which can include holistic treatments, over the counter medications, and co-payments for typically healthy children. For special needs children, such expenses can reach exorbitant amounts without coverage from child support. This is where it becomes financially challenging for parents, as these expenses can include required special visits, specialized medical equipment for home or school, private tuition fees, and specialized therapies or other treatments.
Understanding how these costs will affect you, especially in the wake of the divorce, should be discussed with your trusted family law attorney. They should be able to guide you through every step of the process.
Conclusion
While parenting a special needs child comes with its unique challenges, adding the circumstances of parental separation can make it even more difficult. With so many technicalities in the legal separation alone, it can be daunting to settle into an arrangement that works for your former partner and, most importantly, your child.
Working with an experienced family law attorney will allow you to reach an agreement in your child’s interest. Maintaining child support for their special needs is crucial, and securing it is possible with the best legal counsel in the state!
Whether it’s child custody in FL or providing for your special needs child after a divorce, many people can feel devastated and vulnerable. At Dorsey Law JAX, we provide our clients with the best legal advice from attorneys that will stand by their side through this difficult process. If you need an attorney in Jacksonville, reach out to us today!
