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!
November 6, 2020
The COVID-19 pandemic continues to leave a lasting impact on people’s lives worldwide, affecting employment, finances, health, and even legal cases. Divorce proceedings, in particular, have taken a back seat, as the nature of these were considered as non-urgent—meaning many of such cases were deemed to wait till the pandemic eased up.
With things moving towards normalcy, newly divorced couples are now finding a way to fit the entire situation to make ends meet. However, separated couples figuring out how to pay for child support and alimony are struggling because of the onslaught of the coronavirus. Adding to that are their other financial problems, like paying for their insurance, loans, rent, and other dues.
Luckily, if you’re living in Florida, you may request a motion for temporary relief based on your financial condition. Keep reading below to find out more about it.
Types Of Motions For Temporary Relief
For people who are going through a divorce, either party may file a motion for temporary relief to obtain child support, alimony, visitation and attorney’s fees until the proceedings are settled. The Court can file the following temporary motions:
Motion For Temporary Child Custody
A motion for child custody grants you the power to gain temporary custody or visitation given your situation during your divorce settlement.
Motion For Temporary Child Support
You can file for a motion for child support to aid your child’s finances temporarily and pay for their basic needs and expenses.
Motion For Temporary Alimony
You can seek to obtain a motion for alimony to cover your alimony payments. The court has the power to grant you temporary relief if you are in a challenging financial situation.
Motion For A Restraining Order
A motion is granted by the court to prevent your ex-spouse from coming close to you, mainly if they are abusing you. Due to their aggressive and unnecessary behavior, you can get a motion for a restraining order.
Motion To Remove Children
If your ex-spouse is threatening you regarding taking away your children, you can ask for a motion to stop them from doing what they want without your consent.
Motion For Exclusive Use Of Marital Home
A motion for the exclusive use of your marital home grants you the legal authority to stay and live in your home while the divorce case is on-going.
Motion To Freeze Assets
You can acquire a motion to stop your ex-spouse from taking over any marital asset and prevent them from either selling them off or keeping them for their own benefit. These include bank accounts and investments.
Motion For Attorney’s Fees and Costs
Filing For A Motion For Temporary Relief
To be granted a motion for temporary relief, you must follow some specific procedures.
To start with, our law firm will need to accomplish a motion describing your situation and why you should be given temporary relief. It will be necessary for you to includ all private information regarding your finances and fill out a financial affidavit. You will also need to give the other party your monetary documents to indicate you’re telling the truth.
We will accomplish a proof of service document. We will submit this together with the rest of the evidence that proves you provided the motion for temporary relief to the other involved party. Doing all the necessary steps will improve your chances of obtaining a motion for temporary relief.
Conclusion
If you qualify for any of the types of motions for temporary relief listed above, then we can file for a motion and wait for the court to grant you temporary relief. Such motions will help you during one of the most challenging moments of your life and guide you in going through your divorce proceedings in peace.
Are you looking for an experienced family lawyer in Jacksonville to help manage your divorce? The Dorsey Law Firm is committed to providing our clients with legal assistance regarding family law, criminal law, and personal injury. Get in touch with us today to schedule an appointment!
October 29, 2020
During your wedding day, you make a vow to be with your spouse for better or for worse, for richer or for poorer, until death part you from each other. But for some couples, there will come the point when problems and differences become too taxing to settle—and the only solution is to end your marriage.
Regardless of the reason for your fallout, breaking your vows and deciding on a marital settlement agreement is always tough. It will require your time, effort, and money to ensure you go through a legal process and that both spouses can rightfully receive what each deserves.
Ending a marriage can happen in several ways, particularly: divorce, legal separation, and annulment. Choosing the best option will require careful decision-making and the help of a divorce lawyer to aid in sorting things out.
To help you decide on what you might need, then here is a quick guide on the different kinds of marital settlement agreements available today.
What is Divorce?
A divorce is also referred to as a dissolution of marriage. The state of Florida is known for terminating fault as the cause behind the divorce. It means that the only way for couples to reach an agreement is if the marriage is considered irretrievably broken.
It doesn’t matter who files for a divorce between the couple. The procedure entails having valid proof that the marriage took place and that either spouse has been a Florida resident for the past six months before the claim. Usually, a divorce can include judgment over the distribution of possessions and debts, the alimony awards, and the responsibility for the children.
The dissolution of a marriage does not always lead to a heated argument and can be processed peacefully. Still, it will depend if both spouses agree to part ways and divide their assets accordingly. In that case, they can file for a collaborative dissolution process, which entails reasonable faith to accomplish the agreement without issues.
What is Legal Separation?
Legal separation is another method of providing a better approach at child custody and support, distribution of properties and debts, and spousal support, all while keeping the validity of the marriage. The only downside to the settlement is that neither spouse can remarry, as they are still bound together by the law.
If you’re planning to file for a legal separation in Florida, unfortunately, the state currently does not allow it. Instead, you can only go as far as living in a different house from your spouse without going through a court procedure. You can also seek the help of a judge for child custody, visiting rights, and other instances that require a legal professional’s help.
For married couples planning to file for legal separation in a different state that does allow it, you will receive a legally binding document stating the provisions of the agreement. It will change into a court order as soon as the judge has approved it.
What is Annulment?
Annulment is an agreement that ceases the existence of a marriage and eliminates the legal contract you once signed yourself up for with your spouse. Any married couple looking to choose annulment must learn to act immediately to prevent your chances of the case turning into a divorce because you’ve waited too long.
You should also prove that specific conditions come into play before filing for an annulment, including the lack of commitment to the marital settlement, intentional fraud, or an unconsummated marriage. Other factors are having an underaged spouse, cases of incest, and impotence.
Conclusion
Now that you know the legal ways to settle a marriage agreement with your spouse, what you decide on will ultimately be up to you and your partner. Whether you choose to file for a divorce, legal separation, or annulment, it would help to reach out to a lawyer who can help you weigh in your options and help you choose the right marital settlement agreement for your situation.
Are you looking for a divorce lawyer in Jacksonville to guide you through the legal settlement procedures? The Dorsey Law Firm is a legal firm that offers assistance on family law, criminal law, personal injury, and marital settlements. Get in touch with us today to book an appointment!
