When getting a divorce in Florida, you should be aware of your rights. Your Florida divorce case will be governed by Florida's equitable distribution laws, which mean that your assets and debts are shared by both partners. However, there are certain assets that are considered separate property. Those assets are ones you bought before the marriage or received as a gift from your spouse. The division of these assets is different than that of other marital assets, which are divided in an equitable manner.
Before the trial begins, you should consult with a Florida family law attorney. The consultation is your chance to meet with a divorce attorney and ask any questions you might have about your case. Your attorney can answer any questions you may have regarding the process of divorce in Florida. You can discuss your goals, determine the equitable division of assets, and explore other issues that may not be possible to settle through the courts. A divorce lawyer will help you gather information about the divorce process and your rights.
Once the divorce has been finalized, both parents should make plans for their children. The timesharing agreement will determine where the minor child will live full-time, and how much time the other parent will spend with the minor. The Parenting Plan will address major decisions concerning the child. The Florida Divorce Process will require both parents to take parenting classes. This is important to ensure your children's financial security during the divorce. While the child support and custody arrangements are determined by the courts, it's still helpful to understand the process so you can determine how to make the best choices for your children.
The final step of the Florida divorce process is filing the paperwork for the dissolution. The process can be complicated, but it can be quick and simple. It also allows you to divide your assets and debts. Unlike a court trial, a simplified divorce in Florida can be final if both spouses agree on the terms of the dissolution. The Florida divorce process is an affordable way to dissolve your marriage and avoid the high cost of a contested divorce.
Before you file for your divorce, you must establish residency. Florida requires that the spouse requesting the dissolution has lived in Florida for six months prior to filing the divorce. The spouse who wishes to divorce must show residency through a valid Florida ID, voter registration card, or by affidavit or corroborating witness testimony. In some cases, constructive service may be unnecessary because it involves several state courts, which means that it can be expensive and complicated.
The divorce petition is the first step in the process. If the spouses live in different counties, the petition must be filed in the county where they were married. Other documents may also be required, such as a financial affidavit or a marital settlement agreement. Regardless of how the divorce was requested, the parties must submit these documents within 45 days of serving the petition. If the spouses cannot agree on the divorce, a contested divorce may take three months or more.
There are many different reasons that a Florida spouse may want a divorce. One reason could be that a spouse has cheated or abused the other spouse. These actions can affect the division of property and alimony, as well as the distribution of parental responsibilities, if any. For these reasons, it is vital to be honest about what happened during the marriage. This can help to avoid future complications.
First of all, the state of Florida will require a Marital Settlement Agreement between the parties. The MSA will cover minor children and dependent children, property, and alimony payments. In general, the goal of a Florida divorce is to divide assets equally and fairly between the parties. The courts will also consider how each party contributed to the marriage. Ultimately, Florida courts will make the final decision on the division of assets.
Second, the state of Florida considers the behavior of each spouse during the marriage. For example, if the spouses engaged in adultery, the courts may decide to split the inheritance between them. In addition, alimony payments and child support payments must be taken into consideration when filing taxes. Fortunately, these payments can be deducted from your gross income. Retirement plans and other retirement assets are also considered marital property and are split like other marital assets.
In Florida, the spouses must reside in the state for six months before filing for divorce. To prove residency, they can use a Florida driver's license with the issue date six months prior. If there is no proof of residency, another person can sign a sworn statement on their behalf. Finally, the marriage must be irretrievably broken, which means that either spouse believes that the marriage has come to an end. This is the most common ground for divorce filings in the state.
Domestic violence is a serious issue that can affect spousal support and child custody rights. Even if the abuse was minor, it can have a lasting impact on the spouse's ability to earn a living. Furthermore, the state can use the courts to collect child support. This can include income withholding and intercepting refunds. Other legal repercussions can include property seizures or liens. Those who fail to pay child support may be subject to state prosecution, which may result in jail time.
The other reason to file for a Florida divorce is irretrievable breakdown. Florida courts usually start with a 50/50 split of marital assets. Then, if there is a substantial difference between the assets, the court will deem the division unequal, regardless of the source of the property. If this happens, a Naples divorce attorney can help you reach a fair settlement.
In the case of children, the courts look at the age of the children and their health. The parents should try to agree on custody arrangements for the children. Otherwise, the judge will decide what is in the children's best interests. Neither parent is entitled to prefer the other parent over the other. Ultimately, the judge will make the final decision on custody and visitation. However, it is important to note that the child custody arrangement will be based on the facts of each individual case.
How much will a Florida divorce costs will depend on the situation, but you should be aware of the costs associated with divorce. Filing divorce papers with the Florida Supreme Court will cost $395. In some counties, you can file for a divorce by yourself for a minimal fee. If you are the only person filing for the divorce, you can file for indigent status for about $12-15. The court will then review your application and determine if you qualify for fee waivers.
Divorce attorneys charge an hourly rate, so it's difficult to give an accurate estimate. Most Florida counties charge a filing fee of $408, though some counties add $12 to this. Depending on the county and the type of divorce, the costs can range anywhere from four to thirty thousand dollars. Even though these fees can be unavoidable, they still represent a significant part of the overall cost.
A contested divorce may require the help of a divorce attorney familiar with Florida law. These cases can take six months or more, at the most. The average hourly rate for a divorce attorney in Florida is $300. Some attorneys also charge a forensic accountant to investigate the finances of the other spouse. Forensic accountants can cost anywhere from three hundred to five hundred dollars per hour. The amount charged for these services depends on the type of lawyer and how many hours the divorce takes to conclude.
As with any divorce, the amount of money spent on your divorce will depend on your case. First, you must make sure your spouse is legally eligible to get a divorce in Florida. You also need to be a resident of the state to qualify for the state's no-fault divorce. This means that the spouses must have lived in Florida for at least six months before filing. Then, you'll need to hire an attorney to guide you through the process.
The average cost of a divorce in Florida is about $13,500, without children. With children, however, the cost can vary by tens of thousands of dollars. The price of a Florida divorce depends on several factors, including the number of issues that you and your spouse disagree on. The more issues you and your spouse dispute, the higher the cost. More contested issues mean that your case will take longer to resolve and involve more court intervention.
A child custody evaluation will cost about $4,500. Depending on the complexity of the issues involved, this fee can be split between the spouses. You may need an expert to prepare a special court order for the divorce, called a qualified domestic relations order (QDRO).
Law Office of Russell Knight
1415 Panther Ln #218, Naples, FL 34109, United States
(239) 202-0455