Tag Archives: Tampa Family Attorneys
What happens if the parties in a divorce cannot agree on the value of their assets?
Normally, the court is going to divide the marital assets and liabilities so the parties have an equal distribution of those marital assets and liabilities. Case law is very clear that if the court decides to make an unequal distribution of the assets and liabilities there has to be a compelling reason. Therefore, it… Read More »
How are assets and liabilities divided in a divorce?
After a court identifies the characteristic of all assets and liabilities, the court must distribute those assets and liabilities fairly after considering the following factors: The contribution to the marriage by each spouse. The economic circumstances of the parties. The duration of the marriage. Any interruption of personal careers or educational opportunities of either… Read More »
How do you pay child support in Florida?
Child support is usually paid through the State Disbursement Unit in Tallahassee, and this protects both the payor and the payee. A record is kept and can be accessed at any time showing what payments have been received by the SDU and disbursed to the payee. The payor has to pay a small fee… Read More »
How is child support established in Florida?
Both parents have an equal duty to support their children. You need to know that the right to support belongs to the child, and it may not be waived or contracted away by a parent. The court must set child support pursuant the guideline amount – calculated by using a formula – unless it… Read More »
Florida’s “parents and divorce” course
During a divorce, all parties with minor children are required to attend a “parents and divorce” course approved by the Florida Department of Children and Families before entry of the Final Judgment of Dissolution of Marriage. I recommend that you take this course as quickly as possible because it will help you navigate through… Read More »
What is an uncontested divorce?
There are several ways of going about a divorce: One is an uncontested divorce. But what exactly does that mean? A divorce may be uncontested from the very beginning, or it may turn into an uncontested divorce later. But in order to have an uncontested divorce, the parties must agree on all issues involving… Read More »
The discovery process in divorce
After the initial divorce petitions are filed, the parties then start a process called “discovery.” During discovery, each spouse must disclose certain evidence, called mandatory disclosure. This includes things such as a financial affidavit, income tax returns, pay stubs, loan applications and deeds, bank statements and more. In addition, one can request other items… Read More »
‘Should I file for divorce first?’
“Should I file for divorce first?” is a question many people ask. Many want to know if they should be the one to file divorce. In other words, is there an advantage to being the petitioner or the respondent? Generally, there is no strategic benefit in filing the petition first, other than the ability… Read More »
Grounds for divorce in Florida
Florida only recognizes two reasons for divorce. The most common reason is that the marriage is “irretrievably broken.” The only other reason is that the spouse has been legally incapacitated for at least three years. This legal incapacity must be court-ordered from the Guardianship Court. The concept behind these two grounds for divorce is… Read More »
Collaborative divorce
A new type of process in divorce is called “collaborative law.” In such a case, the parties enter into a Collaborative Law Agreement prior to any filing of divorce. The agreement indicates that the parties will cooperate in providing discovery without the need for any court orders and that they will be forthcoming on… Read More »
