Alimony
Alimony is an issue in nearly all divorce cases. However, that does not mean that a judge orders alimony in nearly all cases. There are various types of alimony. Some may be applicable to your case, some may not be. Paying more than one type of alimony is possible. It is very important that you consult with an alimony lawyer in Jacksonville.
Annulment
Florida is one of the few states that has no annulment statute. Annulments in Florida are based on the common law – which means that such cases are decided by the court analyzing prior cases. As a result, it is important that you contact an annulment lawyer in Jacksonville.
Child Support
In order to understand how a child support amount is calculated, you must understand the factors that a judge must consider when making a child support calculation. The Florida Statutes require judges to follow the Florida Child Support Guidelines. Contact a child support lawyer in Jacksonville for an explanation of these factors.
Cohabitation
In 2005, the Florida Statutes were revised to make it easier to terminate an alimony obligation. Under the old law, an alimony obligation could be terminated if the receiving spouse remarried. Many receiving spouse got around this rule (and continued to receive alimony) by simply living with their new love interest.
Collaborative Divorce
The collaborative divorce is a process that provides numerous advantages over the traditional adversarial process. It is less stressful, more cost-effective, more private, more creative, more child-focused, improves communication, results in a better understanding of finances, allows for more control, is more efficient, and results in better post-divorce relationships. If you are considering divorce in Florida, it is worth considering the benefits of collaborative divorce.
Contempt
Once you have taken the time to obtain a court order (whether through mediation or a trial), you want the other party to comply with the Court Order. The failure of one party to comply with the Court Order can cause a hardship on the other party. For example, the failure of one party to pay child support on time may result in the other party incurring late fees when bills are not paid on time.
Contested Divorce
A contested divorce case results when the parties are unable to come to an agreement on ALL the issues that arise in their case. The issues that arise in a typical case include:
division of marital property (personal property, vehicles, financial accounts, real property, etc.)
Domestic Violence
An unfortunate truth is that many divorces are the result of domestic violence. Domestic violence is defined as violence (assault, battery, sexual assault, rape, etc.) which occurs in a domestic setting.
You must show that you have a reasonable belief that you are in imminent fear of becoming a victim of domestic violence to obtain an Order of Protection (Restraining Order).
Equitable Distribution
“Equitable Distribution” is the fancy legal term for the asset and debt division that occurs in a divorce. Please be aware that an “equitable division” is not necessarily the same thing as an “equal division.”
Child Support Calculator
I found that too many (if not all) online Florida Child Support Calculators fail to provide accurate results. The child support amount provided by these online child support calculators, in my opinion, does not reliably predict what a judge would order at a hearing. The judges use a far more complicated program.
Mediation
A family law mediation can be helpful in resolving disputes that arise is the following types of family law cases:
Military Issues
There are several issues which are of particular significance at the end of a military marriage:
- division of military retirement benefits
- whether the husband or Wife is on active duty
- child support calculation
Modifications
Some of the provisions in a Final Judgment may be modified by the Court or by the agreement of the parties. Child support, alimony, and time sharing are among the frequently modified provisions. Typically, the party that wishes to modify a provision in a final judgment must show that there has been a substantial change in circumstances.
Parenting Plans
Under prior state law, divorce judgments were often lacking specific language about when a parent would be allowed to see their child. This situation has been remedied with the requirement that a Parenting Plan be entered in every case involving minor children.
Paternity
A paternity action takes place when a child is born to parents who are not married. A paternity case commonly arises in the following ways:
- by a mother seeking child support from the father.
- by a father trying to establish visitation with the child.
Prenuptial Agreements
Whether you call it a prenuptial agreement, prenup, or premarital agreement, these documents are simply contracts between two unmarried people that decide the terms of a divorce before the couple marries. There are many reasons why you should consider a prenuptial agreement.
Relocations
Often, at the beginning or after the end of a divorce or paternity case, the parent with whom the child resides wishes to relocate. A move of a few miles does not usually create any problems. However, when longer distances are involved, there is an increased likelihood that the current Parenting Plan will become unworkable.
Time Sharing & Visitation
The Florida Statutes no longer use the terms “child custody” and “visitation”. As of October 1, 2008, the law replaced the term “visitation” with “time sharing.” A time sharing schedule (a Parenting Plan) sets out the time that each parent will spend with their child.
Uncontested Divorce
You can have an uncontested divorce if you and your spouse agree on ALL issues. You should consider hiring an uncontested divorce lawyer in Jacksonville to help you obtain a dissolution of your marriage if you and your spouse are in agreement on ALL issues. An uncontested divorce lawyer in Jacksonville, FL, can help make your transition easier.
