How are assets and debts usually divided in a divorce in Florida?

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If you relocate with children before a divorce is filed, you risk losing jurisdiction of the court in Florida if your spouse chooses to leave Florida as well. To maintain jurisdiction for a Florida court to hear your case, you must be a resident of Florida for six months before filing the petition. You can also maintain jurisdiction in Florida if your spouse continues to reside here and has done so for six months before filing the petition. After a divorce decree is entered if you move 50 miles away from your original home at the time of final judgment, you must file a notice of intent to relocate and begin a legal proceeding if your former spouse or the child’s other parent objects to the move within the 30 day period for objections. It is best to consult an experienced family lawyer before you plan any move out of state if you share minor children.

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Make a safety plan to leave and to secure yourself and your children. Consider going to a friend or relatives home or domestic violence shelter. If you have pets, consider going to a domestic violence shelter which can accept pets. Collect and document your facts and obtain a temporary domestic violence injunction Immediately. Seek legal counsel to represent you in your final hearing for the injunction. Importantly, seek domestic violence counseling for you and your children.

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You can seek enforcement relief to compel compliance for willful violations of the final judgment, seek an order finding The other party in contempt of court, and requesting an order for sanctions which may include an award of attorneys fees and costs related to the motion to enforce.

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What if you are a victim of domestic violence or in imminent fear of harm of domestic violence?

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How can I relocate with the children before or after a divorce?

Assuming that you and your spouse are separated and intend to file for dissolution of marriage, you can request that the court enter a temporary timesharing or parenting plan which takes effect during the time that you and your spouse are separated and engaged in the dissolution of marriage process. Timesharing and parenting plans include aspects of how parenting decisions are made and how much time is each child is spending with each parent. If the parties do not agree to a temporary timesharing plan a judge can decide this on a temporary basis.

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My spouse is controlling the time I spend with my children. What can I do about it?

Frequently Asked Questions

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In Florida the process is called a dissolution of marriage. It begins with the filing of a petition for dissolution of marriage and follows timelines for the filing of answers and for the exchange of financial and family related discovery. When discovery is exchanged between the two parties, the parties typically have a settlement conference or go to mediation. When settlement is reached a Marital Settlement Agreement is signed and the petitioner requests that the matter be placed on calendar for final hearing and approval of the parties’ agreement and proposed final judgment. When parties do not agree, the case goes to trial and the parties and their attorneys must prepare for docket call and for the exchange of witnesses expected to give evidence at trial. Significant and time consuming preparation take affect to prepare a case for trial. Family law litigation becomes expensive and time consuming when parties do not reach agreement.

Dissolution of marriage (divorce) is final and rights between the parties are in most cases settled. Unlike some other states, Florida does not have what is referred to as legal separation. Parties may legally separate with or without court intervention. Parties seeking to formalize marital support issues may choose to file a petition for support not connected with dissolution of marriage.

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What can I do if the other party is not complying with the final judgment?

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Child support is calculated based upon the net income available of each parent in a formula that is established in Florida Statutes. Section 61.30. The calculated amount may be within 5% higher or lower of the guideline amount without additional court findings. If a child has greater or less or needs than 5% of the guideline amount, court will enter a finding that establishes the reason the ordered amount deviates from the guideline amount. Increases and decreases and changes in the parties’ respective incomes may justify a modification of an original child support award.

How long does the divorce process take and what is the process like in Florida?

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Assets and debts are either marital or non-marital depending upon how they were acquired. Consult an experienced family attorney to explain to you how equitable distribution may take place and to explain your other options.

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 Reaching resolution in a cost-effective and expeditious manner is more important than harmful and expensive trials where the client’s future is determined solely by a judge.  Winning and losing in trials to George is based more on the client, including consideration of cost, stress, future ramifications and satisfaction for the client. 

How is child support calculated in Florida and can I modify it after divorce?

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Select an experienced and knowledgeable marital and family law attorney with strong credentials, integrity, and highly rated client and peer reviews. This attorney should meet with you personally and be available to personally take your phone calls. Because you will be known in court and in the community by your attorney, retain an attorney with an excellent reputation who is reasonable, truthful, and one who is proficient in trial practice.

What is the difference between divorce and legal separation?

What is alimony, how is it determined and how is it modified after divorce

What are some of the most important factors in choosing a Vero Beach divorce attorney?

Alimony may be awarded to provide for the needs and necessities of life as such may be established during the marriage. Florida law provides several factors to determine whether alimony is appropriate and the amount of alimony is largely based upon the needs of the weaker spouse and the ability of the stronger spouse to pay otherwise unmet needs of the weaker spouse. Alimony may be permanent or periodic. Alimony may be deemed modifiable or nonmodifiable. Significant and unanticipated changes of the parties’ financial circumstances of the parties has strong bearing on whether a court will modify an original alimony award. Determining these questions requires a review of the statute in its most recent forms, and the caselaw which interprets the alimony statute, Section 61.08, Florida Statutes.