Archive: May 2021
May 6, 2021
Divorce can be hard. The separation of two intricately connected lives can be messy and painful. This is especially true for your finances. Not only is there the cost of the divorce; there’s also the split of your assets.
Your financial stability may be affected by your divorce, both now and for the foreseeable future. If you have a trust, you may be wondering whether that will protect your assets from your divorce. The answer is a little complicated.
State Divorce Laws and Trusts
Depending on your state, trusts may or may not be able to help you. For example, Florida doesn’t necessarily split between two spouses 50/50. The courts will instead do what they think is fair to both spouses. Should your trust fund be classified as marital property, it will be part of your financial split.
However, the fund itself won’t necessarily be split in half. Occasionally, a trust fund will be awarded to just one spouse. This is usually done to balance out property awarded to another spouse. For example, if one spouse gets awarded the family car and other property, the other spouse may be awarded the trust fund to keep things balanced.
Trusts and Divorce
Simply put, to find out what happens to your trust, you have to know what kind of trust it is. There are also other factors like when the trust was created, which spouse contributed the funds, and how the funds within the trust fund were used. These factors can change how the trust is dealt with during a divorce.
The two most common types of trust are irrevocable trust and revocable trust.
Revocable Trust
In short, a revocable trust is one that can be amended or canceled. Instead of wills, people usually use revocable trusts as you can use them to mitigate or even avoid altogether the lengthy probate process.
If one spouse (the settlor of the trust) should decide to execute a revocable trust fund, it becomes null and void when the marriage dissolves. What this means is that should there be any provisions in the trust that affect or are directly for the settlor’s former spouse, these are voided.
Furthermore, the law (in Florida) treats the settlor’s spouse as if they died on the date of the annulment or entry of the judgment for dissolution of marriage or divorce. So as long as you only used separate funds to fund the trust, the settlor retains control of the trust fund. These cannot be transferred to your former spouse.
If you have used marital funds, then the fund will be considered marital property. This may cause the courts to order that the trust be dissolved, and the funds be divided.
Irrevocable Trusts
If you’re in Florida, then an irrevocable trust cannot be considered marital property. This is true even if you made your spouse the beneficiary. Unlike revocable trusts, there isn’t any law that voids provisions for a former spouse. This means that they will continue to benefit from it even after a divorce.
Conclusion
Divorce is truly a difficult thing and a trying part of life. Make it easier by hiring an experienced attorney. They will be able to truly help you manage your trust fund or any other financial holding as you navigate your divorce.
Are you in need of a trustworthy divorce attorney? Contact Dorsey Law JAX today! We represent clients for divorce, family law, criminal defense, and more.
April 22, 2021
Alimony is spousal support after divorce that helps the former spouse continue his/her standard of living while they were married. Alimony may be awarded based on several criteria, including the length of the marriage and the need of the recipient spouse versus the financial ability of the payee spouse.
Alimony isn’t a unique concept in Florida as the law ensures that both spouses are able to support themselves after the divorce. However, it does raise many questions about how it works and whether a divorced couple will include alimony.
Here are some questions and answers regarding Florida alimony.
What Are the Different Types of Alimony?
There are five main kinds of alimony: temporary alimony, permanent alimony, durational alimony, bridge the gap alimony, and rehabilitative alimony. The critical differences in these types are how long the payments from one spouse to the other will go on and why.
Temporary alimony is support that’s awarded during the divorce proceedings up until the final judgment of divorce. This is opposite of permanent alimony, which sometimes provides support until either spouse dies or remarries.
Durational alimony is for moderate to long term marriages but cannot exceed the length of the marriage.
Bridge the gap alimony and rehabilitative alimony have some similarities as they focus more on the expenses of one spouse regardless of remarrying and are for shorter marriages. Bridge the gap alimony encompasses that a spouse is transitioning from divorce to single status, needing support for those expenses. Rehabilitative alimony focuses on the spouse possibly continuing their education or expertise to become self-supportive.
What Factors Impact Alimony in Florida?
It can depend on the alimony type, like durational alimony, where the support awarded considers the length of the marriage. Florida divides marriages into three (3) different terms, with short-term for anything less than seven years, moderate term for 7-17 years, and a long-term marriage for anything beyond 17 years.
Some factors that affect alimony in other states like adultery and other reasons for divorce, are not relevant Florida is a no-fault divorce state. Therefore, the cause for the divorce isn’t necessarily influential factor when it comes to applying for alimony. It’s subject to circumstantial factors such as funding.
Can You Receive Support Without Divorce?
It is possible to be awarded support without a divorce in Florida. Florida Statutes provide for support unconnected with dissolution of marriage. Discuss with a divorce lawyer to know what steps you can take to receive support without a divorce.
How Much Alimony Should I Pay and For How Long?
The Florida family court determines the amount one spouse must pay to another based on two matters. Whether the person requesting alimony needs financial support and whether the other party can provide support needs versus ability to pay. The duration of the support is also determined by the Court.
Can Alimony in Florida Be Modified?
It is possible for the Court to modify alimony to increase, decrease, length, or termination. However, substantial evidence is needed to prove why the alimony should be modified, like financial transactions and records of a spouse.
Conclusion
Alimony can boost and help the financial situation of one divorced party who feels like they lost their normal way of living and ease the monetary burden the separation may cause.
Looking for a divorce lawyer in Jacksonville? At Dorsey Law Firm of Jacksonville, you’ll find the right lawyer to provide expert representation in court and fulfill your needs. Get in touch with us today.
February 23, 2021
The non-custodial parent is the legal term for the guardian who does not have primary custody of their children. Many people think that, without custody, they would be separated from their children. However, many non-custodial parents enjoy healthy and cordial relationships with their children (and the parent with custody). It is fully possible to be present and provide support for your kids even without being the custodial parent.
Some of the reasons a parent may be non-custodial are:
- The parents are divorced and one party was granted custody by the court
- One parent has had to relocate to find better career opportunities.
Whatever the case may be, it is important to understand your status as a non-custodial parent and figure out what you can do to maintain your relationship with your children.
Connection Outside Visitation
It should go without saying that you should pay attention and comply with your visitation schedule. It is essential to prove to the court that you want to be present in your children’s lives. If you hope to share custody in the future, you need to make this a priority.
Remember that familial bonds go beyond legal requirements and it is important to show an interest in your children beyond court-appointed visitation days. If for some reason, you have to be away from your children for work or health, maintaining the connection becomes even more essential.
Luckily, video conferencing has grown by leaps and bounds. You can maintain a connection with your kids by talking through video calls, video games, and so on. Some other things you can do online, thanks to modern technology, are:
- Watching movies and shows simultaneously
- Listening to podcasts together
- Playing board games online
- Taking online courses together.
There is no end to the possibilities. There are so many things to do on the internet that the only mistake you can make is not putting in any effort at all.
Co-Parenting
Divorce happens, and not all marriages end happily or cordially. It is likely that there is some bitterness leftover in your relationship. However, if you share children with another person, you need to aside your differences (no matter how painful they might be) and think of your children. A collaborative relationship with your co-parent is necessary for this to work.
Ask your former partner to film and photograph important life events, such as graduations, games, performances, first steps, prom, and so on. If possible, ask if you can participate virtually. Make sure to talk to your child about these events in their life. It will remind them that you want to be in their life.
Plan for your custody modification
If you’re hoping to share custody one day, you need to prove to your kids and the court that you are capable of parenting and providing. First and foremost, you need to comply with all court-mandated appointments and regulations. As much as possible, you need to exercise your right to visit them during your scheduled visits. You also need to pay child support and alimony as consistently as possible.
Another thing you must prove is that you have the appropriate income and space to house your children. The court will likely look into your income documents, bank statements, and tax history. It will also look into the state of your home. If your kids are of a certain age, they will likely need their own rooms.
Final thoughts
Do not be fooled by the term “non-custodial parent.” The word “parent” is still half of that term. It does not lessen your responsibilities nor does it shrink your importance in your child’s life. As we’ve mentioned before, it is completely possible to have a meaningful and healthy relationship with your children no matter the legalities surrounding your parenthood.
If you’re looking for family lawyers in Jacksonville, FL, give us a call at Dorsey Law JAX. We can provide you sensitive but aggressive representation in your bid to earn custody of your children.
February 18, 2021
Dealing with divorce and separation is more than just delegating assets after the court proceedings; it’s also an issue of handling who gets to have custody of the children. This ruling can vary from state to state, which can complicate how you should approach child custody laws.
Custody laws in Florida recognize that the children involved in divorce and separation cases will still benefit from spending time with both parents. This puts either parent without a clear advantage at the beginning of the court proceedings. Because of this caveat, you have to present enough information to the judge to ensure that your child is in better hands with you than your spouse.
Understanding ground rules of child custody laws
Since family law in Florida strongly emphasizes both parental relationships, a judge imposes a set amount of “time-sharing” where both parents will have visitation and custody time slots allotted to meet their child. In Florida, parents generally have similar custody benefits, unlike other “joint custody rulings” where there can be huge disparities between what one parent’s right over the other. However, parents can lose their time-sharing and visitation rights if there’s valid evidence of domestic violence, neglect, or other forms of child abuse.
Besides custody rights, both parents also have the right to contribute to medical, religious, educational, and legal decisions on the child’s behalf. Although both parents start with equal parental responsibility, a judge can make one parent with the sole decision-making power if the setup affects the child’s well-being.
Although both parents generally share the same rights, one parent will be designated as the primary or custodial parent, while the other is the secondary or noncustodial parent. In simple terms, the custodial parent generally has more influence and decision-making capabilities on the child’s well-being.
Determining child custody in Florida
Florida judges expect parents to put their child’s needs first above their own benefit, which will reflect on what the judge will allow a parent to uphold as a right. Although it can be a vague standard or motivation, there are specific factors that judges will look for in a parent’s evaluation. Listed below are five factors they’ll consider in identifying who the primary parent should be.
- A parent’s ability to provide for the child’s needs consistently
- A parent’s physical and mental state
- A parent’s moral fitness
- A parent’s willingness to maintain relations between the child and the other parent
- A parent’s geographic accessibility to honor the time-sharing schedule
Besides comparing each parent, the judge also needs to factor in the child in question. They also need to see the child’s adjustment to new living dynamics, together if the child has a preference for a particular parent. These will be vital, especially if they’re of sufficient age to understand their family’s current predicament.
Conclusion
Unlike most separation cases in other states, Florida law leans towards the cooperation between each parent to develop a positive relationship for the child’s development. Collaborating with the opposite party is necessary, which is a considerable part of gauging your moral fitness to protect the child from the stress of divorce or separation. It’s your responsibility as an individual to work things out with your previous spouse to ensure that you both have the right capacity to nurture your child’s growth.
Although it can be challenging to make amends with your spouse, it’s necessary to overcome your difference for the sake of your child’s future. If you’re looking for top Jacksonville attorneys, Dorsey Law JAX’s pool of reliable law experts can help. Contact our family law experts by calling us at (904) 394-2865.
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.
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 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.
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!
December 22, 2020
Watching your child endure a divorce is no easy feat. From cushioning their emotional turmoil to assisting in their paperwork, you’re likely also mulling over your visitation rights. Fortunately, as per the Florida Supreme Court, grandparent visitation makes for a healthy and well-maintained family. Still, grandparents must maintain counsel throughout the divorce process should they need to pursue a petition.
What Does the Court Consider?
For a grandparent to be granted visitation rights, the courts must find that it is in the child’s best interest. As such, they will consider factors such as:
- The willingness of the grandparent to encourage a positive relationship between the grandchild and parent
- The length and quality of the relationship between the grandchild and grandparent
- What the child prefers, should they be old enough to express a preference
- The mental and physical health of both the grandchild and grandparent
What are a Grandparent’s Rights?
In Florida, only natural parents have absolute rights—not grandparents. Thus, if a parent decides that their grandchild shouldn’t interact with their grandparents, Florida courts don’t offer much leniency.
However, a grandparent might receive visitation or custody rights should the court find a valid concern regarding the parents’ ability to care for the child properly. In some cases, a grandparent may be granted rights if:
- One or both parents become arrested.
- The child is a proven victim of abuse.
- The child is out of school and experiencing neglect.
- The child is living in a property rife with illegal drugs.
If a grandparent is willing and able, they can legally become the child’s new guardian recommended by the Florida courts.
About the Juvenile Dependency Court
If there is any danger surrounding the child, the Juvenile Dependency Court opens a case. This court is responsible for ensuring that the child is safe and protected and focuses on providing direct help for the family in question.
Their mission is that they are big believers in crafting workable solutions instead of penalizing and prosecuting parents. If your case goes to Juvenile Dependency Court, you might anticipate the following outcomes.
- If the state believes that it is in the child’s best interest to return to their natural parents, they may remain in the household with the possibility of occasional inspections.
- If the court pursues a hearing, both parents and grandparents will have an opportunity to present their case. Should a judge believe there is not enough evidence demonstrating that the child should be removed from their home, they will be returned to their natural parents.
- If the court believes that one or both parents require services before the child can be safely returned to their home, they must craft a case plan. This case plan pertains to the child returning only once the home is safe and stable.
- If the circumstances are detrimental to the child’s health, and the parents are unwilling to collaborate on a case plan, the grandparents can seek custody. Alternatively, if the parents end up losing their rights, the child may be placed for adoption or petitioned to reside with another family member.
Conclusion
In Florida, the courts favor shared parental responsibility unless proven detrimental to the child’s health. Whether grandparents can become involved will ultimately depend on the circumstances and what will most benefit the child.
At Dorsey Law Firm, we have over 35 years of experience in family law. We promote shared parenting and open communication and work towards creating the best possible parenting plan.
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.
