Divorce
There’s no way around it – divorce is one of the most stressful experiences a person can have during a lifetime. If you’re contemplating divorce or have been served divorce papers, the life you’ve been living is going to be turned upside down. The process of distributing marital assets and making decisions regarding minor children can be very overwhelming, especially when emotions run high.
Unfortunately, today many people deplete an exorbitant amount of their assets paying legal fees in a vain attempt to “win” the divorce or punish the other party. At Affordable Legal Group, we believe it doesn’t have to be this way. We not only offer reasonable, income based fees, but we also believe it’s our duty as your counselor to keep you focused on containing litigation costs and working toward a resolution.
Contested Divorce
A divorce is contested when the parties do not agree about all the issues pertaining to their particular matter – distribution of assets and liabilities, alimony, parenting plans, child support, etc – and therefore do not qualify for the expedited dissolution processes such as Simplified or Uncontested Divorce.
Are there minor children?
If the answer is yes, a significant aspect of your divorce will be designating parental responsibility, developing a Parenting Plan and Timesharing arrangement, and determining child support obligations. We will help you assess the most appropriate solutions to these issues that will be in the best interests of your child or children.
Equitable Distribution
The financial aspects encountered in a divorce are not unlike those observed in a dissolution of a business partnership. Now that you are ending your union and starting the process of creating separate lives, you will face the daunting task of determining what will happen to your assets, property, and liabilities. You will need to identify which assets and liabilities are marital and which are non-marital. There will be discussions regarding if and how bank accounts, pensions, investments, etc will be divided. If you own a home or other property, these assets will also be assessed and considered during the divorce process.
What about Alimony?
There are multiple types of alimony – permanent, temporary, bridge-the-gap, to name a few – that can be awarded in Florida. Like everything else, an alimony award will depend on your specific scenario. Your judge will consider, for example, the length of your marriage, your ages, and the status of each of your employment histories or ability to become gainfully employed following dissolution.
The Process
After the petition for dissolution is filed and served, the respondent will be given 20 days to respond, or may file an Answer and Waiver.
You will have 45 days to comply with Mandatory Disclosure, where both parties are required to furnish a Financial Affidavit and other documents and information, such as tax returns and bank statements.
After completing Mandatory Disclosure, the path your divorce takes will depend on the complexity of your issues and assets, as well as your ability to successfully negotiate and compromise with the other side. Both sides will likely make discovery requests, including requests for admissions, serving interrogatories, depositions, etc. You will attend at least one mediation session. If you cannot resolve your matter through mediation, you will go to trial.
When facing divorce, it’s important to prepare yourself for an extensive examination of your finances. If you are facing divorce and either need or wish to keep your legal fees from spiraling out of control, our office is standing by.
Uncontested Divorce
A divorce is uncontested when the parties agree on how to handle all their issues and do not require court intervention. Typically, prior to filing the documents with the clerk, the parties will have agreed on a specific parenting plan and child support, how property and liabilities will be divided, whether or not alimony will be paid and if so how much and how long, etc. If you are a good candidate for resolving your issues amicably and need assistance filing the correct paperwork, our firm can help you.
Simplified Divorce
A Simplified Divorce is the easiest way to dissolve your marriage in Florida.
To qualify for this expedited and cost effective option:
- One of you must have lived in Florida for the preceding 6 months,
- There must be no minor or dependent children, and you are not pregnant,
- You both must agree that the marriage is “irretrievably broken,”
- Neither of you are requesting alimony,
- You already agree as to how assets, property, and debts will be divided, and
- You must both file the paperwork together in person at the clerk’s office, as well as attend a Final Hearing of Divorce.
You do not need to formally retain an attorney to complete the Simplified Divorce process, and can likely obtain the proper paperwork at the clerk’s office.
If you would like assistance completing the necessary paperwork, you can purchase the documents and complete a questionnaire on our online portal, which will then be forwarded to our office for review to ensure accuracy.
Collaborative Divorce
A Collaborative Divorce is an alternative to the typical adversarial process of family law litigation. A divorcing couple that has the ability to work together through negotiation and maintain open communication should consider the collaborative process as it goes far in staying cost effective and reducing the stress of litigation.
The essential features of the collaborative process include:
- The parties and their attorneys signing a “Participation Agreement” that describes the nature and scope of the matter,
- The parties and their attorneys agreeing that should the collaborative process fail, the original attorneys may not continue to represent the parties in any court proceeding. This provision motivates everyone involved to stay committed to achieving a negotiated result, rather than relying on court interference.
- Engaging in a series of mediations between the parties and their attorneys, which focus on the interests of the parties and their children, and working to achieve a mutually beneficial outcome.
- Making voluntary disclosures to aid the negotiation process
Issues Pertaining to Children
Naturally, children figure largely in most family law proceedings. When there are minor or dependent children involved, they become the central focus of the court. Figuring out how the children’s lives will be impacted by a legal proceeding can be extremely emotionally charged. It’s important to know what your options and obligations are, and how the court will assess your relative situation and behaviors when making determinations concerning your children.
Parenting Plan and Time Sharing
When parents choose to end their relationship with each other, it is necessary to decide how decisions regarding the children will be made. It’s also important to create a timesharing schedule that contemplates daycare or school, extracurricular activities, religious upbringing, vacation and holiday time, ability to travel, etc. However, it’s most important that the parents reduce these agreements to a written document that can be referred to and relied on as the agreement that governs what happens as you raise your children as divorced or never-married parents.
A proper parenting plan will designate parental responsibility – likely “shared parental responsibility” in making health, education, and general decisions. However, in some instances “sole parental responsibility” being awarded to one parent is more appropriate.
Your parenting plan will also outline a timesharing arrangement that will precisely detail when each parent will have timesharing with the children, and whether or not each parent will enjoy overnight timesharing. The parenting plan also designates whether or not the timesharing will be supervised or not, if appropriate.
Child Support
Florida has adopted Child Support Guidelines, which calculates the amount of child support obligations owed by each parent depending on income, number of children, each parents amount of overnight timesharing, as well as other factors. The amount that is reflected in the guidelines is the presumptive child support amount, but under certain circumstances a party may request that the court deviate from the child support guidelines.
Child support obligations remain in place until the children reach the age of 18. However, payments may be required beyond the child’s 18th birthday in two situations. The first is if the child remains dependent due to a mental or physical incapacity that began before they turned 18. The second scenario is if the child will still live at home, attend high school, and reasonably expect to graduate high school before turning 19.
Modification of Parenting Plan and/or Child Support
Sometimes the initial decisions made regarding your children require a modification. If the other parent does not agree to a change, it’s important to understand that the person requesting the court impose a modification carries a heavy burden. You must be able to demonstrate that a substantial change in circumstances has taken place, and that your proposed modification is in the best interests of the children. Florida courts have consistently recognized that this burden is “extraordinary,” and the best interests of the children are the primary concern, not the interests of the parents.
Enforcement
Do you already have a Marital Settlement Agreement or Parenting Plan in place, but the other person refuses to comply with the terms? We are prepared to review your agreement and help you enforce its terms. Often a letter to the opposing party will go a long way in changing behavior, but sometimes court action is necessary.