February 11, 2021
One of the defining differences between divorce law in Florida and other states is its no-fault terms. It means you are not required to provide evidence for adultery, abuse, and other reasons to forward your case. You can even expect your case to be granted in just 20 calendar days, mostly if the defendant ignores the petition and doesn’t respond. These terms give you the opportunity to get a default divorce. But what exactly does it entail, and how does it benefit you?
This article will discuss different queries and their corresponding answers about default divorces in Florida. Take this as an opportunity to move on with your case and get the legal solutions you need. This way, you can live out your new life on your own terms.
What Happens When My Case Falls Into Default?
Forwarding your default divorce case means you can continue the proceedings without the other party. The Court can even do this without conducting a hearing, and the defaulted party cannot be allowed notice in future court hearings and other legal processes. You just need to consult with an experienced attorney to guarantee you meet all the requirements for your divorce case.
Typically, you can fall into either a clerk default or judicial default divorce. Clerk default happens when the other party doesn’t answer back in any form to the served petition. On the other hand, judicial default occurs when the party cannot defend against your claims. The Court is effectively in your favor because once default status is claimed, your account can be deemed legitimate. In other words, it’s like the defendant pleads guilty to all your claims.
The only chance the other party has to attest to the case is when a judicial default is forwarded, requiring notice of hearing served and a chance at Court for the defaulted party to plead against the default divorce.
How Do I Overturn a Default Divorce in Florida?
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Setting aside a default divorce can be possible, but it’s a generally tedious process. Additionally, every case has various circumstances and can be mishandled if not done properly.
You have to work closely with your law firm and ensure they are well-versed in Florida law to succeed, especially since overturning requires excusable neglect, a meritorious defense, and due diligence. Read the following definitions to understand better what it takes to overturn a default judgment:
1. Excusable neglect
Excusable neglect means the defaulted party must give a legitimate reason why they didn’t respond to the summons within the 20-day period. Typically, most of the accused put forward medical-based reasons, such as hospital stay in an intensive care unit. The reasoning cannot be simply a lack of legal knowledge; it must be something compelling to the Court and presented well by an experienced attorney.
2. Meritorious defense
Presenting a meritorious defense must meet the requirements of Florida law, made in a pleading or affidavit, and drafted professionally. Anything otherwise can mean the default shall remain recognized. It’s best to coordinate with a law firm for further assistance.
3. Due diligence
Due diligence means the defaulted party is now committed to cooperating after learning about the default divorce case. Remember that the case’s facts can fail since there’s no singular outcome for overturning default cases. The attorney must be equipped with legal expertise to set aside the divorce case.
Conclusion
Dealing with default divorce can be challenging, especially if you handle this by yourself. Fortunately, you now have a better understanding of what to expect. You just need the right legal professional to oversee your case and represent you. Seek help from an experienced law firm today.
Dorsey Law Firm offers the best legal services in Jacksonville, enabling you to handle your divorce case easily. We can also provide you with assistance for criminal law and personal injury concerns. Call us through (904) 394-2865 or schedule your online appointment to find out how we can help you.
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.
