Dissolution of Marriage (Divorce)
We understand that going through a divorce can be upsetting and difficult. A family that was formerly harmoniously together is now splitting into two, and your life and that of your family will be changed forever. That is why we are always dedicated to providing you with compassionate and personalized legal representation. We realize that each case is unique and that your family’s situation requires individual attention. It is our goal to make certain that you face all aspects of your divorce with competent and skilled legal counsel in order to ensure that your rights and those of your family are upheld throughout the process.
There are many important factors in every divorce. For example, if you and your spouse have minor children, your primary concern will be to protect the best interests of your children. The amount of time each parent spends with the child and child support will play a key role in your divorce agreement. If you or your spouse own property, then you should be concerned with property division or equitable distribution. If you have not worked for years and your spouse has been supporting you, you might be interested to know if you are entitled to alimony.
Florida Divorce Attorney
We will always work to make sure that you understand what to expect in your divorce. We know that divorces can be very emotional and upsetting to everyone involved, and we want to make sure that you do not make decisions based purely on emotion. We will offer you unbiased and honest responses to your divorce questions. It does not matter if you are facing a contested divorce that goes to trial or if you and your spouse have come to an agreement and you are looking to get an uncontested divorce – we can help you in both situations. Alyssa D. Honickman is an experienced litigator who is always prepared and ready to fight for you throughout the entirety of your case.
Florida Divorce Facts:
- The petitioner must live in Florida for six months before filing for a divorce.
- Florida is a no-fault divorce state. The only requirements to getting a Florida divorce are that the marriage is irretrievably broken and that the filing spouse meets the residency requirements. The filing spouse must be a resident of the state of Florida for 6 months prior to filing the petition for dissolution of marriage.
- The petition for dissolution of marriage must be filed in either the county where the petitioner resides or the county where the spouses last lived together prior to separating or the county where the parties lived as a married couple.
- An uncontested divorce means that the spouses agree on the division of marital property, alimony, time sharing with the children, support, and parental responsibility. The spouses sign a Marital Settlement Agreement and go to court on a motion calendar hearing to finalize the divorce. Parties filing an uncontested dissolution of marriage will receive a final judgment in an expedited manner.
- Florida requires equitable distribution of the marital property. Each spouse keeps the property and debts that belonged to them before the marriage which is called non marital assets and/or liabilities. Each spouse also keeps any property received as a gift or inheritance, or any property that the spouses agree to divide in a written agreement. Any property that was acquired before the spouses married or that was received as a gift or inheritance is non-marital property.
- Lump Sum Alimony: Alimony can be requested when one spouse needs financial assistance. In order to qualify for alimony, the requesting spouse must prove need and that the paying spouse is financially able to make the payments. Alimony under Florida law can be granted for bridge-the gap alimony, short term alimony, durational alimony, lump sum alimony, or permanent periodic alimony. Please see Florida Statute § 61.08.
- A Florida divorce court can award temporary alimony until the final divorce hearing is held. Then, at the final divorce hearing, the court can order permanent alimony if it is requested and necessary and burden is met by requesting party.
- The Court holds the power to issue an income withholding order. The Court can deduct alimony and/or child support payments from the paying spouse’s pay check. The appropriate documents must be filed by the spouse’s attorney requiring the payments. The documents must then be filed with the Florida Disbursement Unit and with the paying spouse’s employer. In the event the paying spouse stops working or terminates the income withholding order, the Court has the jurisdiction to suspend the paying spouses’s driver license or hold that spouse in contempt of court.
- All divorcing spouses who have children must complete a Parent Education and Family Stabilization class. This class helps parents to minimize the emotional trauma of the divorce on the children. Each parent must independently complete the course before the Court will grant a final dissolution of marriage.
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