Family Law Attorney
Jacksonville, Florida
This website is not designed to cover all aspects of all issues and does not substitute for sound legal advice from a qualified attorney. Retaining an attorney is an important decision. Please make sure to consult with an attorney in your state for all the particulars before making any decision that will have an impact on your life. If you are in Florida and you would like to learn more, I look forward to you contacting me.
DISSOLUTION OF MARRIAGE: Is the legal process of obtaining a divorce. Either one or both parties may retain an attorney. Issues often discussed in a divorce include property disbursement, child support, child custody, debt distribution and alimony. (This is not an exhaustive list). This page will address some of the most typical issues.
Division of Assets and Liabilities: Most states are either "community property" or "equitable distribution" states. Florida is an "equitable distribution" state. This means absent an agreement by the parties as to the division of assets and liabilities, the court will divide all the bills and all the property, including any form of money (stocks, bonds, mutal funds, retirement funds or cash) between the parties based on the judge's opinion of what is fair and equitable. The judge will consider the position of the parties in terms of need and ability to pay. It is best for the parties to reach an agreement on the division of assets and liabilities as the court can sometimes reach a division that neither party ever imagined.
Spousal Support: Spousal support, also known as alimony, comes in several varities. The most common are discussed below:
(1) Temporary Alimony: Temporary alimony is an award of support from one spouse to another during the pendency of the
dissolution proceedings. Generally, the temporary award is followed by a permanent award unless otherwise agreed to by the
parties.
(2) Permanent Alimony: To obtain an award of permanent alimony the marriage should have been of a duration greater than
10 years. There is no set amount of time necessary to obtain an award of permanent alimony. Also, typically the
spouse making a claim for alimony did not work outside of the home during the marriage. Another common circumstance is
where one spouse earned an income significantly greater than the other spouse. Considerations to be made when deciding
whether to make a claim for permanent alimony are the length of the marriage, the earning capacity of both parties, and the
living style of the parties during the marriage.
(3) Lump Sum Alimony: Lump sum alimony is one payment from one spouse to another instead of monthly payments for
a fixed period of time, or permanently. A payment of lump sum alimony can come in several forms. It may be a cash
payment, complete rights to real estate, other material items such as boats, cars, etc. Lump sum alimony may also come in
the form of stocks, bonds, mutual funds, exclusive rights to a retirement account, 401(k) or IRA account. There is room for a
great deal of creativity between the parties or the court in using the award of lump sum alimony. It can also be used to provide
advantages.
(4) Rehabilitative Alimony: Rehabilitative alimony is generally used in the stituation where one spouse is in need of financial
assistance for a set period of time to get "back on his or her feet." Many times one spouse will want to return to school to
obtain further education so as to obtain better employment. This type of alimony is available regardless of the length of the
marriage, although the longer the parties have been married, the more likely an award of rehabilitative alimony will be granted,
provided the proper circumstances are present.
REMEMBER: Before making any decision as to what type of alimony is called for in your situation, you should always consult an attorney in your home state for guidance on what is the appropriate type and amount of alimony based on your own circumstances.
Child Custday: In Florida, the parent with whom the children will live after a divorce is referred to as the "primary physical residential parent." The other parent is referred to as the "non-custodial parent." Each parent is also said to have "shared parental responsibility." Simply put, shared parental responsibility means that each parent has the right to be heard on all major issues regarding the child(ren). What a major issues is may be open to interpretation. During the dissolution of marriage the parties will participate in coordinating a parenting plan, which will be filed with the court and will outline important issues regarding the child(ren). The courts in Florida often take offense at parents not being civil enough with each other to resolve these types of issues. Absent an agreement between the parties, the court will determine who the proper parent is to have "primary phisical residence" of the parties' child(ren). The test is simply, "what is in the best interest of the child(ren.)"
Visitation: The "non-residental parent" is entitled to visitation with the children. It is preferred that the parties agree on these types of issues, but if the parties are unable to do so, then the court will enter an order regarding visitation. This order may not always consider special circumstances which are unique to the people involved. For this reason, it is better for the parties to work out all issues. A typical visitation schedule includes:
* Every other weekend
* One or two evenings during each week
* Alternating major holidays
* Extended visitation (4-6 weeks) during the summer months
* Father's day with Dad
* Mother's day with Mom
Of course, often times there are variations on the above, which is another reason why these issues are better solved by the parties themselves.
Child Support: The calculation of the amount of child support paid by the non-custodial parent is simply a formula which is decided by the legislature of your home state. There is typically little room for deviation absent special circumstances. The method of calculating child support in Florida considers the income of both parents, along with daycare expenses, cost of health insurance, the amount of time the "non-custodial" parent spends with the child(ren), the number of children to be supported and the cost of any special needs of the child(ren). If you are not in Florida, you should consult with an attorney in your home state to learn more.