December 1, 2020
Divorce law is challenging to understand, and even more so for people in the middle of things. Everyone seems to have an opinion or experience you should learn from or know what you should do. In reality, all divorces are unique, and no two cases will have the same outcome, even if they have similar circumstances.
A judge or lawyer could rely on a previous case to guide their decisions, but each new case will have facts that distinguish it from others. If you are going through this life-changing process, here are a few misconceptions that you should get straight.
MYTH: You don’t always have to turn over your financial records
The Florida Family Law Rule of Procedure 12.285 states that parties in a dissolution of marriage must produce and exchange financial affidavits. The Rule enumerates the specific documents both parties must provide.
In some cases, both parties agree to all the terms and only need a judge to make them official. In this case, they can agree not to exchange affidavits anymore since they might feel like they are aware of each other’s financial status. However, this is extremely rare; in most situations, an exchange is warranted.
MYTH: Timesharing means an equal amount of hours with the children
Since each case is different, parties can agree on accomplishing timesharing according to their terms. In Northeast Florida’s judicial circuit, though, there are minimum guidelines for timesharing; usually, it is 60 percent for one parent and 40 percent for the other. However, there are 22 factors that the judge considers in determining timesharing; your divorce attorney can go over these with you.
MYTH: 50-50 timesharing means no one owes child support
Division of time is essential in the calculation of child support, but it is not the only factor. Both parties’ incomes, the number of overnights at each house, and who provides health insurance and pays for daycare or aftercare are all used to calculate child support. If one party pays a more significant share of the childrearing expenses, this will be a factor in financial support calculations.
MYTH: Older children get to decide where they want to live
No statute or rule states that a child can get to decide timesharing rules. A judge must decide he wants to hear the child testify, and they will take both age and the child’s maturity into account. Parents can decide that they want to use the child’s input in their parenting plans, but that is only one factor out of the 22 that a judge uses.
MYTH: Divorce lawyers are not a necessity
Although some divorces are indeed straightforward, and it is possible to get along with an ex-spouse, you cannot handle your divorce alone. When there are assets to divide and child custody to determine, issues inevitably come up. A divorce lawyer can keep you on track and help you get organized, especially when things become too overwhelming.
Conclusion
For many people, divorce can be challenging. They must juggle many things, from an intimidating court system to difficulties in adjusting to a new life situation. Before making big decisions that can impact your life, it is best to get advice from a specialist like a divorce attorney.
Get expert legal advice and representation at The Dorsey Law Firm. We have practiced family law in Jacksonville, Florida, for more than 35 years, and we bring our reputation and experience to all cases we handle. Contact us today for more information.
November 20, 2020
When a divorce is inevitable, you will probably face all sorts of questions, such as “What comes after?” and “What will happen to me?” Questions like these will fill your mind, revolving around your well-being now and your future.
That said, one of the most frequently asked questions after a divorce is, “Who owns what? It can involve anything from the real estate you have and the assets you accumulated together even the pets. Some of these assets you may have owned before the marriage, while others you may have acquired afterwards.
In this article, we will tackle this question, mainly focusing on real estate, and help you understand who should own what after the divorce.
Real Estate and Divorce in Florida
Of all the things you may own, real estate may well be the most valuable asset you have. Ownership of real estate is especially common after marriage, where both partners help to purchase a home together.
Unfortunately, when it comes to divorce, dividing real estate presents a severe challenge. That is because, with a divorce, partners typically will no longer stay together in the same property. However, if both want to hold ownership of the real estate, conflicts and problems will arise.
In Florida, real estate, along with other types of assets (and liabilities), are divided in various ways. The Court can leave both parties as equal owners and equally obligated on the mortgage, or if there are children, the Court can award the custodial parent exclusive use of the home but leave the ownership as joint and equal. The Court will also put many other factors into consideration. For instance, they will review the incomes of both parties, what needs both parties may have, how many children are present in the marriage, and so on. The list can go on and on, depending on the case. Regardless, the court will carefully consider these various aspects to ensure a fair division.
There are some cases where the court, doing their best to create a fair and equal division of post-marital assets, will maintain discretion over what will happen in the end. For example, if you have children, the court would do whatever it takes to ensure your children will enjoy a life of safety and consistency. In such a case, the parent whop has custody of the children gets possession of the home to take care of their kids.
However, such a solution will only be possible if the youngest child has not yet graduated from high school. Beyond this timeframe, the home will likely be sold, and the money earned will be divided between both parents.
That said, selling the property will ultimately depend on both partners and how they come into agreement. For example, if both parties agree to selling the home and dividing the money, that will be the likeliest scenario. Both parties can also agree to give ownership of the house to one parent along with the responsibility to pay the debt on the home.
Conclusion
Divorce can be a trying time for any family. With so many challenges to overcome, one can easily be overwhelmed with the things they have to do, not to mention the emotional hurdles they need to tackle as well.
Division of property and any other assets or liabilities can be extremely complex, taking weeks, months or even years to settle. To ensure that you enjoy a smooth and fair divorce proceeding, we always recommend working with an expert divorce attorney. They will guide you through the different aspects of the divorce to help you understand what is going on, what will happen, and what you can do to reach a fair decision.
We offer attorney services for divorce, criminal, DUI and more. If you are looking for a divorce lawyer in Jacksonville, contact us today.
November 16, 2020
A divorce is always a troublesome event for any family that has to go through it. While some go through it relatively smoothly, others face trouble—sometimes even facing threats and fights before the divorce is finalized.
If you are thinking about going through a divorce, you may have plenty of questions in your mind. For example, you might be wondering how many assets you will be able to keep, whether it be a fifty-fifty split or whatever it is that is agreed to. This is one of the common questions that is repeatedly asked by individuals facing a divorce—and for a good reason too.
In this article, we will tackle as many questions as possible to help you decide once and for all if you want to go through with a divorce.
1. How long does a divorce take?
There is no set time as to how long a divorce procedure will take to complete. After all, many factors can shorten or lengthen the entire process.
Generally speaking, an uncontested divorce will be completed much faster, finishing in as quickly as three months or less. “Uncontested” means that both parties are quick to agree to circumstances, making the procedure finish quicker. On the other hand, contested divorce takes a lot more time because one or both parties disagree. In this case, it can take several months or even longer, depending on how long it takes for the parties to finally resolve the divorce.
2. How many assets am I entitled to?
In many cases, assets and liabilities will be divided equally to you and your former spouse. However, there are still factors that can change this number. For example, only marital property, which are assets accumulated during the marriage, will be distributed. Pre-marital items, assets accumulated before marriage, will be generally awarded to their respective owners.
3. How will child support be calculated?
Many factors will be considered when calculating child support from both parents. This can include the individuals’ income, health insurance and day care costs, and how many overnights a parent spends with the children. There is no fixed number, so expect to run through plenty of calculations to find the right number.
4. How long can the children stay with either parent?
In many cases, the time spent with both parents can be equal, meaning fifty-fifty. However, various factors will be considered to play a role in how long a child will stay with either parent. Some factors brought by the law or even the judge’s discretion can affect the outcome of the case.
Conclusion
Divorce is time-consuming, expensive, and draining for anyone and everyone that is affected by it. It is something that, unfortunately, happens too often.
If you are dealing with a toxic relationship, a divorce might be the answer to your problem. That being said, do take the time and effort to fix things up first, whether to talk things out with your spouse or find help. If nothing improves, we hope we have answered the questions above to help you finally decide whether you want to go through with a divorce.
The Dorsey Law Firm offers top Jacksonville family law attorneys to help individuals gain a fair and just divorce trial that benefits both them and their spouses. If you are looking for professional and reliable lawyers to help you through with your divorce, contact us today!
