January 12, 2021
Settlement of marital assets is one of the most contested issues for divorce cases because there may be valuable resources you can use for your financial security. However, you have to be careful with your spouse and in reaching an agreement. That is why you have to know more about divorce law and marital assets.
This article will discuss questions commonly asked during a divorce regarding their assets. Take this as an opportunity to deter your standing after your divorce case as you negotiate different terms and conditions. You can also recognize this article as a starting point to better visualize your financial situation and social security, allowing you to be prepared for what’s to come after the divorce settlement.
How Will The House Be Divided Equally in a Divorce?
The home is one of the most commonly fought-for assets in a divorce due to its complexities. For instance, you may fall into a situation wherein your spouse will try to acquire it as they push a claim stipulating that they paid for a large sum of the mortgage, leading you to be homeless. Fortunately, divorce cases often use a partition claim, enabling the equal division through an appraisal and buy out or sale of the property.
Usually, you can expect the marital settlement for a house in the form of money—half goes to you, the other to your spouse. It may mean the property may need to be sold first. However, be careful if your bank is involved in your divorce case, as it may further complicate the settlement. Consult with your divorce lawyer to help you make the best decisions.
Can I Lose My Assets During My Divorce Case?
It’s normal to feel worried about your personal assets, especially those with sentimental value since your spouse can claim them during the divorce. Marital asset identification should be a straightforward procedure that lets you and your spouse each receive an equitable distribution. Do always be prepared for any situation as your case may be a high-asset divorce with varying ownership complexities.
As such, you must have a professional legal team supporting you and helping you safeguard all your personal assets and appeal for any fair settlements. This way, you can avoid conflicts that will only prolong the agony of your case. It is important to know the law. For instance, divorce law in Florida may identify separate properties as marital within special terms. You can always refer to your attorney for more information regarding this.
Can I Use the Prenuptial Agreement? Is it More Beneficial?
If you and your spouse signed a premarital agreement or prenup, there might be specific terms and conditions, such as the distribution of debts and assets, that can guide you through your divorce case. This document is more favorable than going through the traditional distribution of assets wherein a judge will state how everything will be allocated.
If you have a prenup, you can make revisions suitable to your current situation. However, it’s best to oversee this with your attorney to get the best possible outcome while meeting legal obligations.
Conclusion
Handling the marital assets with your divorce case can be overwhelming, especially if you are unsure if you are going about it correctly. Fortunately, you now have a better understanding of what to expect and what you need. You just need to work with your legal team, stay committed to the facts, and comply accordingly. Seek professional legal counsel today!
Are you looking for the best divorce lawyers in Jacksonville? Consult with us today at The Dorsey Law Firm. We can provide you with the best recommendations to help you manage your marital assets and other related concerns. Settle your divorce with us and learn more about the process through our legal resources.
January 4, 2021
It’s not uncommon for married couples to reach a decisive moment in their partnership where one or both parties are no longer happy with the other. They can formally file for divorce, which requires a rigorous process requiring several legal processes. Dealing with divorce comes with many caveats, one of which is the requirement to pay alimony to your spouses. In Florida law, there have been many changes in how people preparing for divorce can qualify for a specific form of alimony.
Understanding the different types of alimony
Like property and gun laws, each state has its own set of rules regarding divorce proceedings and alimony. Florida Statute Section 61.08 states that there are different classifications of alimony in Florida. This allows divorcees to qualify under a specific category depending on their eligibility to their guidelines and restrictions.
Before you file for a divorce in Florida, here are five major types of alimony you should know about:
1. Permanent alimony
It’s unlikely for the Court in Florida to grant permanent alimony. It usually only applies to spouses involved in long marriages who also have not had any opportunities to receive education or employment skills. This scenario is typically present in households where a spouse sacrifices a personal career to care for the family.
Another case where the judge can grant permanent alimony is if the requesting spouse requires extensive medical care and is unable to seek employment. Although it’s more common to long marriages, people in short-term marriages can be eligible for permanent alimony if they meet the appropriate conditions.
2. Rehabilitative alimony
It’s a specific form of alimony that aims to assist a spouse in being self-sufficient. A spouse can request this if the divorce places them in a disadvantageous financial position. However, you must present a clear rehabilitative plan if you want the Court to grant you this provision. Your plan must either develop the spouse’s educational attainment or sponsor technical and other skills to achieve employment. Keep in mind that non-compliance with the presented plan during the payment period of the alimony will lead to modifications or even cancellation of the other spouse’s dues.
3. Bridge-the-Gap alimony
A spouse will qualify for bridge-the-gap alimony if they have a particular need for financial assistance in the short-term. A spouse must present evidence to support that they’ll require financial aid to purchase, such as purchasing a new home or paying for utilities. This form of alimony typically lasts only under two years. Additionally, once the court reaches a verdict, the spouse can no longer request a modification of the alimony’s amount or duration.
4. Durational alimony
People often get confused with durational alimony since it applies to short and moderate-term marriages. It’s an alternative to permanent alimony, but will only last as long as the length of the marriage. However, there are cases when the Court can modify or terminate it based on substantial circumstances.
5. Temporary alimony
In contrast to permanent alimony, temporary alimony only offers spousal support during and not after divorce proceedings. Additionally, the court can award this to a spouse even if they aren’t qualified for the previous four types after the conclusion of their case.
Conclusion
Understanding what kind of alimony you’ll have to pay or receive from the Court is just the first step in a long list of formal hearings. Since you need to protect your assets and your right as a parent to your children, it’s necessary to hire an experienced lawyer to assist you.
At Dorsey Law Firm, our 35 years of experience in family law in Jacksonville makes us the best partners to have during your divorce hearings. We work with our clients to find the best possible solution for their legal concerns. Contact us today so our legal experts can give you the best legal defense!
December 30, 2020
Among the different experiences that one may encounter in their daily lives, divorce is one process that can take the most significant toll on a person’s emotions and mental health.
If you’ve been married for a while now and fear that it may all be meeting its end, now is the time to start preparing for the possibility that you may have to file for a divorce. Compared to a regular break-up or an annulment, the process in question can easily make for a rather complicated process because of all the different facts that must be considered.
By now, you’ve probably done all the necessary research and gone over a handful of debates in your head over making the separation official or trying to work things out. However, in most cases, the final smart move will be to break things off before they get even messier.
Once you’ve gotten all the necessary details and acquainted yourself with the fundamentals of divorce procedures, it may seem like nearly every detail that must be accounted for is taken care of. Yet, amid all the confusion and anxiety that you may be having, there’s one factor above all else that you must know about: The must-have requirements of a divorce in Florida.
Different requirements of divorce that you must comply with
Generally, filing for a divorce in Florida involves meeting and taking note of four specific requirements and details:
- The residency requirement
- Florida statute 196.012 (17)
- Florida statute 61.052 (1)
- Florida statute 61.052 (2)
Let’s go over each specific component and jurisdictional requirement in further detail so that you can best prepare for the proceedings and filing process:
1. The residency requirement
One of the primary jurisdictional requirements of filing for a divorce is a minimum residency requirement that applies to all civil unions. Based on Florida law, spouses that are looking to obtain a divorce must have resided in any city within the area for at least six (6) months before filing their petition for dissolution of marriage.
Based on this specific statute, the bottom line is that those looking to separate legally must maintain an actual presence in the state with the intention to remain in the state. When it comes to satisfying this specific statute, it’s worth noting that the qualified documentation for doing so are as follows:
- Florida voter registration card
- Florida driver’s license
- Florida identification card
- Testimony or affidavit of a third party
The excerpt from the statute is as follows:
“‘Permanent residence’ means that place where a person has his or her true, fixed, and permanent home and principal establishment to which, whenever absent, he or she has the intention of returning. A person may have only one permanent residence at a time.”
3. Florida Statute 61.052(2)
After the residency requirement is complied with, couples must subscribe to the set terms that are expounded upon in Florida Statute 61.052(2)—also known as the legally-acknowledged grounds for divorce. The specific accepted grounds for divorce by law (according to the statute) are as follows:
“No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:
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- The marriage is irretrievably broken.
- Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years.”
Apart from the specific grounds mentioned above, additional guidelines for unions are in place wherein only one party agrees that the marriage is irretrievably broken. Although couples may be granted a divorce even if only a one-sided decision, the law requires that they follow this specific set guideline:
“When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:
- Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation
- Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation
- Take such other action as may be in the best interest of the parties and the minor child of the marriage”
Conclusion
Going through a divorce in Florida can prove to be a rather difficult process because of all the factors to consider before any major task or process is undertaken. With the help of this guide, you can be best guided during your filing experience to ensure that no unwanted hurdles or constraints appear and put you in a predicament.
At Dorsey Law JAX, we hold 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, get in touch with us today to see how we can help!
