Serving in St Johns County, Duval County and throughout Florida
When the average person thinks of family law, divorce often comes to mind first. Divorce is a huge part of family law, but it is certainly not the only part. For example, premarital agreements adoption, and paternity issues are also included in the definition of family law as well.
Any time the law touches the family unit, a family law lawyer is a helpful resource. Family law lawyers are not only well-versed in the legal implications of family law, they are also uniquely compassionate and understanding. Family law often involves subjects and issues that are near and dear to a client’s heart, and it takes a special breed of lawyer to understand and support a family law client.
At FLA Legal Professionals, LLC, we deal with various aspects of family law. These include:
- Determining Florida Child Support
- Child Support Enforcement
- Alimony Mortification
- Alimony Enforcement
- Premarital Agreements
- Paternity Determinations and other Issues
Our team can help a variety of clients with their divorce and family law needs in Florida. Contact us today for more information or to set up an appointment.
Divorce in Florida: The Basics
In order to have a divorce in Florida, your marriage must be considered “irretrievably broken.” This essentially means that there is no chance that the marriage can be saved or that the couple will reconcile. Thankfully, this requirement is more of a matter of your personal opinion, not what the judge thinks.
Fault. Florida is a no-fault state when it comes to divorce. That means that you do not have to show that one party did something wrong in order to get a divorce.
Residency. There is a residency requirement to get a divorce in Florida. At least one spouse must have lived in Florida six months prior to filing the petition for divorce. The filing itself will occur in the local district court of where you or your spouse are currently living.
Waiting period. Other states have an extended waiting period that the couple must endure before a divorce is granted. Florida, thankfully, does not have a lengthy waiting period. The divorce can be granted as soon as 20 days after it is filed. In some situations, you can show that it is unjust to wait the 20 days and the divorce may be granted sooner.
Other Aspects of Divorce in Florida
Divorce in Florida can become more complicated if you have to divide property, one spouse is awarded alimony, or if the divorce involves children. There are different rules and laws regarding each of these aspects of a divorce, and your family law attorney can help you work through each of these.
Property Division. Florida uses “equitable distribution” to divide property. That means that the judge will attempt to divide property up as fairly as possible between the two spouses. This may not mean that the split will be exactly the same, but it will be “fair” under the law. This includes all of the property in the marriage, such as:
- Cash or savings
- Real estate
- Retirement benefits
- Personal possessions
- Debts or liabilities
If the couple obtained the debt or asset during the marriage, then it is considered marital property. However, there are a few assets or debts that will not be divided. Usually, it is because it is easy to see that that one spouse had the debt or asset before they entered into the marriage. It may also apply in situations where one spouse alone received a gift or inheritance.
Alimony. Florida courts can grant both temporary and permanent alimony to one spouse. Alimony is an amount of money that is regularly paid to the other spouse. It can also be paid in a lump sum as well. Usually, one spouse is awarded alimony because the other spouse has significantly more assets or income. Alimony is awarded when one spouse is unable to live in the lifestyle they were accustomed to during the marriage on their own. It is often awarded in situations where one spouse did not work or has limited education and experience. Read more..
Child Support. Child support is a sum of money that is given to one spouse to help them with the expenses of supporting a child. It is awarded to one parent and continues until the child reaches the age of 18, unless the Court orders otherwise. It can also include payments for health insurance or education. Child support awards can be modified if there is a substantial change of condition, which usually involves a change in one spouse’s income. Read more..
Child Custody. Florida courts will determine what type of custody arrangement is best for the child in a divorce. The standard is always “the best interests of the child.” Often, this includes shared parenting responsibilities, but this is not always the case. The Court considers a wide variety of factors when determining which parent is better suited to care for the child regularly.
Getting Legal Help with Experienced Jacksonville Divorce Lawyer
Divorce can become very complicated, particularly if it involves significant property division and children. FLA Legal Professionals, LLC has the experience and knowledge you need for your divorce or family law case in Florida. Call Jacksonville Divorce Lawyer today at 904-399-2510 for a free case evaluation.