Tag Archives: Tampa Family Lawyer
Factors considered when a judge sets alimony
Once the court has determined there is a need for alimony by the recipient and ability to pay said alimony, the court then should consider the factors as laid out as follows: The standard of living established during the marriage. The duration of the marriage. The age and the physical and emotional condition of… Read More »
What happens to your home in a divorce?
Marital homes are usually one of the largest assets, and this is a problematic one since it is not a divisible asset like a pension or checking account. The court has the power to award one spouse exclusive use and possession of the marital home. This generally happens if the primary caretaker of the… Read More »
Difference between marital assets and liabilities – and non-marital assets and liabilities
Equitable distribution deals with the dividing up of assets and liabilities. The court must first identify what is a non- marital asset and liability and what is a marital asset and liability. A marital asset or liability is defined as being incurred during the marriage, either individually or jointly. In addition to this, enhancement… Read More »
Coming up with a parenting plan for post-divorce
Currently, Florida law requires that the court prepare a Parenting Plan, which is a detailed time-sharing schedule. In this Parenting Plan, time-sharing is dealt with along with the division of holidays, extracurricular activities and travel issues. There are many different parenting plan forms floating around on the Internet for your review, and the Florida… Read More »
Parenting during and after divorce: time-sharing and shared parental responsibility
It is Florida policy to encourage both parents to have “frequent and continuing contact” with their children and to “share the rights and responsibilities, enjoys, of child rearing” after divorce. Florida law refers to this as “parental responsibility,” and most parties have shared parental responsibility. Florida law creates a preference for this so that… Read More »
Mediation: An important step in a divorce
In a divorce, before a hearing can be held before a judge, the parties must attend mediation. It’s an important step in the divorce process and will be the subject of this three-part blog series. Florida law defines mediation as “a process whereby a neutral third person called a mediator acts to encourage and… Read More »
A clearer financial picture during divorce
During a divorce, it’s very important to have a clear picture of each party’s financial status, and in addition to the Financial Affidavit, there are other ways to ensure the other party produces all financial documentation. For one, there are written questions, called “interrogatories,” which ask questions about a party’s education, assets and liabilities…. Read More »
An important document in divorce: the Financial Affidavit
During a divorce, each party must provide a Financial Affidavit. There are two different forms of this affidavit. One is for people with income less than $50,000 and one is for people in excess of $50,000 per year. A Financial Affidavit provides the court with information about each party’s financial status, including income and… Read More »
Restoring your maiden name
If you are a female navigating divorce, be sure to speak with your counsel if you want to have your former last name restored. If you want to go back to your maiden name, this request must be in the Petition or Counter Petition or the court will not have power to grant it… Read More »
Fault in Florida divorce
In Florida, courts generally do not consider fault in divorce. It’s been a no-fault sate for the past 40 years, so allegations of adultery and abuse are unnecessary. However, there is an exception for fault: if the fault has financial impact upon the parties. In other words, if a party has improperly disposed of… Read More »
