Divorce is difficult, but there are steps you can take to make it easier. Read on to learn how to have a peaceful divorce.

The divorce rate in the US is around 40% to 50% of all marriages. While you may have initially thought you found your soulmate, maybe things have changed. And despite trying to work out your differences, you’ve grown too far apart and divorce is the only logical next step.

Reaching this decision isn’t an easy one, especially if there are children involved. Your friends may have gone through messy divorces themselves, and you want to do everything you can to avoid the same fate.

If you’d like to have a peaceful divorce so you can move on with your life better, then read on. We’ve got some helpful tips on how to do so.

Don’t Place Blame on One Another

When things get bad, it can be easy to blame one another for the failure of your marriage. Maybe you think your wife hasn’t paid enough attention to you in the last few years, or maybe she thinks you’ve been too focused on growing your career.

At this point, it doesn’t do any good to point fingers at one another. Trying to pinpoint exactly what made the marriage fail will just make both of you extremely bitter, which will set the tone for a messy and ugly divorce.

Once you’ve reached a place where both of you agree 100% that you should divorce, that should be it. Don’t try to assign a reason to the divorce; just agree it’s better for the two of you if you go your separate ways.

If you leave blame out of it, then you’ll stand a much better chance of having an amicable and peaceful divorce.

Don’t Be Petty

Those who don’t feel slighted by their exes may be tempted to be petty in the divorce process. For example, maybe your ex really loves your shared car, and just to make her suffer, you want to take it in the divorce.

But by doing this, you’re just dragging out the divorce longer. Since it’s such a treasured possession of hers, she’ll most likely fight you on this, which can end up in more meetings with the lawyer and time in court.

Instead of trying to exact revenge, try and be the bigger person. This doesn’t necessarily mean you should acquiesce to everything your ex wants.

What you should do is sit down and think about the big picture. What is it you truly want and can’t compromise on? Once you figure that out, everything else will be trivial.

The two of you should come together and discuss these non-negotiable needs and see if you can work around them.

Be Honest and Open

While in the midst of a divorce, some people will try to hide their assets so they don’t get cleared out by their ex in the process. But by doing so, you may entangle yourself in much more legal messes.

We’re not saying you should be best friends with your ex while you’re getting divorced, but both of you should be able to discuss all your assets and income without hiding anything.

By doing so, you’ll be doing a “good faith negotiation” with your ex-spouse. When the two of you can openly discuss everything, this makes it a lot easier to resolve any financial issues. This is especially important if you have children with them.

If you weren’t the spouse that handled the financial side of things in the marriage, this can give you a better picture of what the two of you shared. That way, you can have better trust and keep the divorce more amicable.

Put the Needs of Your Children First

Again, while you’re separating from your spouse, it’s tempting to find any ammo against them and use it. Often, parents end up using their children as pawns in the game of divorce. While it may be temporarily satisfying, it ends up being harmful to everyone involved.

Make it clear to your ex that the welfare of your children come first. You may want to consider divorce mediation, as this lets you discuss your children’s needs with a neutral third party present.

Always use positive language when discussing issues involving your kids. Always ask for your ex’s input so they feel involved instead of pushed away by you.

How you work together during the divorce can be extremely beneficial for the future, as it lays down the groundwork for you working successfully as co-parents.

Have a Good Support System

Not only can going through a divorce on your own be lonely, but it can really take a toll on your mental health as well. If you aren’t feeling 100% emotionally, you may end up taking it out on your ex. Needless to say, that won’t end up in a peaceful divorce at all.

Make sure you have a good support system consisting of close friends and family members. When you’re alone, it can be tempting to self-medicate in unhealthy ways. The after-effects won’t be so pleasant, plus it can kickstart a downward spiral.

If you have friends and family you can rely on, you can turn to them in times of need instead of self-medicating. Sometimes, all it takes is calling someone up for a chat for you to feel better and stronger. This can leave you more clear and levelheaded to deal with your divorce.

Have a Peaceful Divorce and Get Along With Your Ex

Just because you’re going through a divorce doesn’t mean it can’t be amicable. With our guide to a peaceful divorce, hopefully, you can navigate this difficult time of your life with more ease and tranquility.

If you need a divorce lawyer to help you through this process, then get in touch with us today. Not only can we assist you with your divorce, but we can also advise you on other related subjects, such as alimony and child custody.

Getting divorced is tough, but deciding how the money will work can be more difficult. Read on to learn about alimony in Florida.

Up to half of the couples in the United States end up getting divorced, and Florida has the 7th most noteworthy divorce rate.

Florida is one of the most stressed states, particularly about financial situations.

Whether it’s because of money or other factors, many cities in Florida have high divorce rates. In Live Oak, for example, the divorce rate is 23%.

Regardless of where you live, alimony is one of the fiercest divorce battles to face.

And alimony in Florida is particularly challenging to determine, mainly because there is no mathematical formula for doing so.

Getting divorced is hard enough as it is, but figuring out how the money will work between divorced couples can be even harder.

Keep reading to learn all about alimony in Florida.

What Is Alimony?

Alimony is also referred to as “spousal support.” Alimony is the legal obligation to provide financial support to a spouse after a divorce.

State divorce law varies, so alimony is issued by a divorce decree that works according to state divorce law.

Alimony is much different than child support, though people sometimes confuse the 2.

Alimony is considered taxable income to the receiving spouse. Plus, it’s deducted from the income of the spouse who is paying.

Child support payments, on the other hand, aren’t deductible to the paying spouse. They aren’t taxable to the receiving spouse either.

Child support is paid. There are no tax concerns that come into play, unlike alimony.

 

One important thing to remember about alimony in Florida is that there is no mathematical calculation for determining an amount. Child support payments, on the other hand, are determined based on the payee’s income.

There Are Different Type of Florida Alimony

Florida law has 5 different types of alimony.

A judge will award these 5 different types in whatever combination that seems fair under the particular circumstances of that divorce.

Alimony payments can consist of periodic payments from one spouse to another or a single lump-sum payment.

Spouses can agree on different terms and conditions of alimony on their own. A spouse can also opt to give up alimony entirely, which typically occurs in exchange for another valuable type of property.

What Are the Different Types of Alimony?

As we mentioned above, there are 5 different types of spousal support in Florida.

Bridge-the-Gap Alimony

Bridge-the-Gap alimony starts after the divorce is final, but it’s short term. The most it’ll go for is 2 years.

The purpose is to help the receiving spouse meet those temporary needs like living expenses while they wait for a home to sell or enter into an educational program to allow for better employment prospects.

Temporary Alimony

Temporary alimony only lasts the duration of the divorce. It’s awarded to a spouse who needs financial support during the divorce process.

As soon as the divorce is final, temporary alimony ends.

Rehabilitative Alimony

Rehabilitative alimony exists to assist the receiving spouse in acquiring training or education that’s necessary for appropriate employment.

A spouse who requests rehabilitative alimony must submit a plan that outlines the amount of money and time they need to complete their program.

Durational Alimony

A court could award durational alimony if other types are insufficient to support a spouse’s needs.

The maximum term of durational alimony pertains to the length of the divorced couple’s marriage.

If you were married for 20 years, for example, you won’t be able to receive alimony for any longer.

Permanent Alimony

When the recipient spouse’s economic needs are forecasted to be permanent, an alimony award will be permanent too.

A judge who awards permanent alimony always has to state the reasons why another form of alimony wouldn’t be fair or reasonable under the facts of the particular case.

Permanent alimony exists to provide support to a spouse who can’t be self-supporting at a standard of living that’s as close as possible to the marital standard that was set before.

What Factors Will a Judge Consider?

Every court makes decisions on requests for alimony based on many different facts of the case.

They must determine whether or not the spouse who’s requesting alimony meets the standard to prove the alimony is necessary.

The court also has to determine whether or not the wealthier spouse has the ability to pay. But, only exceptional circumstances would cause a court to award alimony if it leaves the paying spouse with significantly less income than the recipient.

When a judge finds that there is both a need and an ability to pay, they consider all relevant factors in deciding which alimony to award.

These factors include things like:

  • All sources of income
  • Time and expense required for education and training
  • The marital standard of living
  • The duration of the marriage
  • The financial resources of the spouse who’s seeking maintenance
  • Each spouse’s contribution to the marriage
  • Any tax consequences of a potential alimony award
  • The responsibilities each party will have for children under 18 that they have in common

If adultery occurred and it caused financial harm to either spouse, that will also be taken into account.

Alimony in Florida Works Best with Representation

Divorces are tough, no matter the circumstances. The best thing you can do if you’re going through a divorce is to hire a professional who specializes in family law.

Alimony in Florida is more complicated than in other states because there is no set formula or means for calculating what it is.

Plus, there are so many factors to consider and lots of paperwork to submit.

If you’re going through a divorce, contact us so that we can help you through the process and get you the fair results that you deserve.

 

 

 

 

There are many different and important things to know about divorce in Florida. If you want to learn more, you should click here.

Studies have shown that 12.6% of married couples in Florida will wind up getting divorced. If you find yourself potentially facing a divorce in Florida, it’s important to know the ins-and-outs of the state’s law to better equip yourself of what may be ahead. Whether your divorce is ending with feelings of betrayal or indifference, you’ll need to know exactly what rights you have under Florida state law in order to come to an amicable agreement in which both parties receive exactly what they deserve.

If you’re going through or about to go through a divorce in Florida and would like to learn more about what to expect read on for some important information on what your divorce proceedings may entail.

1. What to Consider When Going Through a Divorce in Florida

Before diving into the following laws, it’s important to try and have a clear and mature conversation with your former spouse in order to reach a peaceful agreement.

Divorce is known to come with its fair share of hurt feelings, especially when children are involved. For the sake of all parties involved, being able to have a civil conversation is always the best option.

In the event the civil conversation is not possible, it’s best to speak directly with your lawyer to avoid any further confusion or problems from arising.

2. The Amount of Time Spent in Florida

Whether or not Florida state laws on divorce apply to you depends on the amount of time that you’ve been living in Florida. However, this does not necessarily mean that you had to live in Florida as a couple. At least one of the divorcing parties is expected to provide proof of them living in Florida for a minimum of six months before the divorce petition was filed in order for the Florida state laws to apply.

3. Divorce Court or Family Court

When it comes to determining whether or not your divorce is a matter for standard divorce court or family court, it’s a simple matter as to whether or not there are children or minor children involved.

The State of Florida considers the matter of child custody in the best interest of the child to be of the utmost importance and in divorce cases which is why the presence of children or miners would dramatically influence the proceedings of a divorce.  Being able to come to a strong agreement over custody and joint parenting outside of court, with or without the help of legal counsel, is one of the best things you can do to help reduce the emotional effects of the divorce on your children.

If there are no children shared between the married party, then the couple may apply for a simple dissolution of marriage application. From there the divorcing parties can come to an agreement on what will be done with their remaining assets and discuss alimony and further payments. In this case, the family court is not necessary.

If the divorcing party has trouble reaching an agreement on such matters, then divorce court may be an option worth pursuing.

There are still some factors that come into play for whether or not a couple is eligible for a simplified dissolution.

These factors include

  •  whether or not the wife is currently pregnant
  •  whether there any minors or dependent
  •  whether or not both parties can agree that the marriage is broken
  •  no partners are requesting alimony
  •  no partners are requesting information aside from the court-approved financial affidavit (more on this below)
  •  both Partners have surrendered their right to an appeal
  • both partners are willing to go and sign the petition
  • and both partners are present at the final court hearing

If all of these factors are approved, the couple may be eligible to dissolve their marriage.

It’s important to remember that the only two grounds accepted by Florida law for the dissolution of marriage state that the marriage is irretrievably broken or that one of the spouses has been mentally incapacitated for over 3 years.

4. Matters of Custody

In the event that there are children and custody needs to be negotiated, this decision is typically decided among the couple. In the event that the couple cannot come to a shared agreement as to how the custody of the child will be divided, the courts may appoint a mediator or counselor to help make the final decision.

The opinion of the mediator or counselor will then be presented to the judge who will appoint custody to one or both of the parties.

A custody agreement will also include other important decisions such as the amount of child support that may be ordered, visitation schedules, and who will be in charge of primary decision-making over the child.

Once again, if the couple is unable to make this decision together, the court will have to make one on behalf of what is healthiest for the child.

5. The Division of Assets

When it comes to dividing assets between the couple, it’s best to have any documentation that proves liabilities, transactions, and original ownership. These documents will be used to assess what’s fairly divided among the couple.

These documents may also be used with a tax attorney as your current tax status and filing situation may be affected once the divorce is complete.

Some factors the court may look into while determining the division of remaining assets include

  •  the partner’s contributions are sacrifices that were made during the marriage.
  •  how long the marriage lasted
  •  if either partner contributed towards the enhancement of the others career or education
  • Deteriorating a business or home when there is a dependent child
  •  any acts of waste or destruction that were done after filing for divorce or two years prior to filing from one party to another
  •  any additional factors that may be defined as equity

If required, the court may also need to look into testimonies provided as character witnesses or in the form of provided documents.

6. Submitting an Affidavit

Couples divorcing in the state of Florida are required to submit an affidavit. This is a document that contains all of their financial information in order to ensure the division of assets and finances is done so in a clear and transparent manner.

This affidavit is used as the basis for determining the amount of alimony, child support, and how the division of other assets may be computed.

7. Divorce and Taxes

Among the financial documents that may be submitted, tax returns dating up to 3 years ago may also be submitted with the affidavit.

This is to fully take into account all expenses and earnings that may have taken place among the couple.

It’s suggested to speak with a tax accountant if you have any questions on pending tax matters post-divorce.

8. Remaining debt

In the State of Florida, all debt such as mortgages and car payments are typically divided evenly among the divorcing parties.

Still, it’s important to remember the debts that had occurred before the couple came together are typically exempt from being divided. This may include things like student loans or business loans that were taken out and can be easily traced to before the date of marriage.

9. College Payments

While alimony and child support may be enforced by the court, the state of Florida plays no part in determining whether or not either parent is required to pay for college.

This is a matter that must be agreed upon between the couple and must be recorded in the original divorce agreement.

Finding Legal Counsel You Need

Divorce in Florida can be messy enough without issues being dragged into court. However, in the event that your divorce requires a court proceeding or you find it necessary to fight to receive the adequate amount of alimony or child support, it’s in your best interest to find the legal counsel that can help.

It’s important to have a lawyer behind you that understands the ins and outs of the Florida state laws, and that can adequately assess the documents and affidavit provided to help you claim what’s rightfully yours.

From child custody to dealing with issues of alimony our team is here to help you every step of the way. We understand the emotional rollercoaster that comes with divorce and are here to bring you some peace of mind while fighting on your behalf.

If you would like to learn more about how our team can help you both in and out of the divorce court contact us today for more information on how we can be of assistance.

 

 

Are you about to go through a divorce and want to get everything you’re entitled to? Here’s why you should invest in a divorce attorney.

Have you and your spouse decided to end your marriage? Are you wondering what the next steps are and whether you need a lawyer? The short answer is: yes. Don’t try to navigate the divorce process alone.

Maybe you and your spouse agree on “everything” (or so you think). Maybe you don’t have a lot of assets to divide or have an agreement as to who gets what if the marriage dissolves and think you and your spouse can handle it on your own and you’d rather not spend the money on a divorce attorney.

If this sounds like your situation, and you’re reluctant to hire a divorce attorney, keep reading. You should make the decision with all of the knowledge and information. Even if the divorce is amicable (so far) and seems like it will be quick and easy, you should still hire an attorney to represent your interests and ensure the order are enforceable.

Here are 9 reasons why hiring a divorce attorney is worth it.

1. They Determine if Your Agreement is Fair

Perhaps you and your soon to be former husband or wife think that you have an agreement that fairly divides your assets and debts between the two of you. An experienced attorney can evaluate this agreement and let you know if it truly is fair for both of you.

While you may think that you are getting a fair deal, a divorce attorney can take a critical eye to the agreement, think towards the future, and identify any hidden inequities that put you spouse at an advantage. Remember that their job is to get the best deal for you and create a solid divorce agreement that will stand up in court.

Even if you’re the party that will benefit more, you still may want to consider rewriting the agreement, as an unfair agreement could be contested in the future if it was grossly unfair to one spouse. If your spouse decides they didn’t get a fair deal, they may be able to go back to court to attempt to reopen the agreement. This will cost time and money, of course.

2. Even If You Agree, You Need a Lawyer to Draft the Agreement

Even if you agree on everything (or most things) and can come to a fair agreement on your own, you’ll still need a divorce attorney to draft an agreement that will be accepted by the court.

If you do not have legal experience and try to do this on your own, the court may not fully understand your agreement, resulting in a divorce decree that does not accurately state what you and your spouse want.  The court can also reject your agreement entirely if it does not follow the law.

When an attorney drafts the agreement, you can rest assured that the decree will state exactly what you and your spouse want. An attorney also will make sure that the language is clear and enforceable.

3. They Will File the Appropriate Paperwork

In addition to drafting the agreement, your attorney will also fire any necessary paperwork and motions as part of the divorce process. If you attempt this on your own, you run the risk of your case getting dismissed if you don’t file the appropriate paperwork at the right time or you file it incorrectly.

While you could attempt this on your own, as most states provide the documents to their citizens free of charge, it is still difficult if you do not have legal expertise. These documents also represent the bare minimum of requirements, and often fail to address everything necessary for your unique family.  The last thing you want is for your case to get thrown out due to procedural issues. This puts you right back at square one.

4. They Reduce Stress and Can Provide Emotional Support

Divorce is a stressful time. Your marriage is ending, you have to divide up your assets, you might have to move, and you could be suddenly sharing custody of your child. The last thing you need is the added stress of managing the divorce process in court yourself.

While a divorce attorney can’t replace a good therapist, they can reduce your stress level and provide emotional support to you. Remember that they are experts and deal with people seeking divorces every day. They know the process inside and out and can provide support when it all gets to be too much to handle.

5. They Can Help Avoid Delays

Divorce can take a long time. It varies by state, but in Florida, it could take as little as a few months to as long as a few years. A divorce taking that long is the exception, rather than the rule, and those cases typically are very acrimonious, contested, and have significant assets that need to be divided.

You likely want the divorce to be finalized as quickly as possible. This is where an attorney comes in. They will prepare the documents and file them for you, avoiding unnecessary delays.

Because they know the ins and outs of divorce law, documents prepared and filed by an attorney will be complete and error-free, keeping the process moving along as fast as the courts will allow.

6. They Know the Law

Every state has its own divorce laws, and your divorce attorney should understand the intricacies of divorce in your particular state. Not only do they understand the laws surrounding the division of assets, but also spousal support and child custody.

They can also use their professional experience and relationships with local judges, other divorce attorneys, and court personnel to give you a better idea of how your case will proceed through the courts.

7. You Have Children

Custody (or parental responsibilities) can be one of the most contested and contentious issues in a divorce. An attorney can help you navigate this process and ensure you keep your rights to your child. They will help you decide what’s in the best interest of your child and help you prepare a case to fight for custody and time-sharing if that’s the best option.

A good family law attorney will remain objective and help you to fight for what’s best for your child or children.

 

8. They Guide Your Decisions

It’s often hard to approach a divorce with a clear and level head. Emotions may cloud your decisions and lead you to make rash decisions. This is where a divorce attorney comes in. They are a neutral third party, not swayed by emotion, and can guide you in your decision making.

9. You Don’t Actually Agree on Everything

Just because you and your spouse think you agree on everything doesn’t mean that’s always the case. Chances are, there are things that you haven’t thought of, such as a life insurance policy to cover child support obligations if one of them passed away. Or who will pay for things like extracurricular activities for their children, healthcare premiums, or doctor office copays?

 

Perhaps you and your spouse agree on the big things, like the house, bank accounts, investments, cars, and other properties, but, likely, you haven’t thought of everything, which is understandable. A professional will have thought of all of these other things and can walk you through them.

What to Look for in a Divorce Attorney

Now that you understand why it’s so necessary to hire a divorce attorney, you might be wondering what you should be looking for.

Before hiring someone, do your research. Talk to friends and family members and ask them for referrals. Read online reviews to see what others have said and speak to the lawyer in person to see if you can work well together.

A few other things to look for include:

  • an attorney who will be honest about what you may get out of the divorce
  • an attorney who can give personal attention (versus a large firm with many clients)
  • clear and effective communication
  • resources and support staff to prepare your case promptly
  • skill and experience with divorce cases
  • timely responses to your questions

You may also wish to check with your state’s bar association to see if your attorney has ever been punished or had their license suspended for any reason.

The Bottom Line

Divorce is a stressful and emotional process that can drag on for far longer than you would like. Take steps to reduce that stress by hiring a divorce attorney. There’s not a lot you can control, but by hiring an attorney, you can control who is advocating for you and ensuring that you come out of the process with a fair outcome.

Our firm can handle all aspects of the divorce process for you, from alimony to child custody and support to child visitation arrangements. Contact us today to learn about what our firm can do to support you.

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Relocating With A Child After A Divorce

Florida Statute 61.13001 governs relocating with a child after divorce in Florida. Relocation is moving the child’s principal residence more than 50 miles away for 60 days or more. A vacation, temporary travel, or a necessary trip to a health care facility is not relocation. Before relocating, the parent must consider the child’s entire extended family, parents, stepparents, grandparents, and guardians. A parent who is relocating needs a new child custody order with a new time-sharing plan. The relocation is beneficial to the child if it improves his standard of living, places her in a better school district, or is closer to his or her grandparents.

Mediation After Divorce In Florida

You must decide where and how your child will live and where he or she will go to school. You’ve learned that an amicable relationship between you two parents and a good relationship with each of you is important to your child. Understanding and agreeing with your co-parent is less stressful and less expensive than contesting the relocation.You won’t have to go to court or pay legal fees and court costs. Look at the whole picture. How long did it take you to build your practice? How long did it take you to get into the position you’re in now? Have you
acquired vacation property or opened a new store or office? Your money is better spent on time with your child, on his or her education, or on a future vacation. You two can’t possibly know the future, but you can understand child custody rights. Custody can be:

• Sole
• Joint
• Joint legal
• Joint physical
• Third-party

Child Custody After Divorce in Florida

If one parent has sole custody, the custodial parent makes all legal decisions for your child. The noncustodial parent pays financial support and has specified visitation days and hours with your child. Joint custody allows your child to live with each parent and enjoy all the opportunities each parent provides, but one parent may spend more hours with the child than the other. Joint legal custody allows both parents to make decisions for the children regarding their education, religion, medical care, and choice of friends. Joint physical custody gives both parents equal time with the child. Third-party custody is typically given to a family member. A grandparent can be granted child custody rights if a parent is unfit or died after divorce in Florida. A custodial grandparent needs financial support and medical benefits for the child.

Relocation by Consent

Relocation by consent after divorce in Florida requires the moving parent to obtain the signed consent of all the people entitled to access to the child. The new agreement must be ratified by the court, but a hearing is not necessary. The new agreement must include a new time-sharing schedule and clarify how the children will travel from parent to parent to satisfy the new agreement.

Relocation by Petition

If the relocating parent is unable to get an agreed relocation order, that parent creates and files a petition to relocate in Florida Circuit Court. Every parent, stepparent, grandparent, and guardian involved must be served with a copy of the petition. The petition, signed under oath, must state the physical address of the intended residence and its mailing address, telephone number, and the date of the relocation. If employment is the reason you’re relocating, your job offer is within the petition. The petition must end with a statement in capital letters telling those opposed how to object to the relocation petition.

Objection to Relocation

A parent has 20 days to respond when served with a petition to relocate after divorce in Florida. If you do not file a timely response, the court can order the relocation plan without a hearing. Our child custody rights lawyer in Florida is a trustworthy mediator who can skillfully find creative solutions to your relocation dilemma. Our attorney is also a fierce litigator always ready to go to court to object to the other parent’s relocation with your child. A hearing will be scheduled in 30 days after receipt of your petition to object with a trial in 90 days. The court can reject your objection or the relocation plan itself if either petition does not contain all the facts required by Florida law.

Your objection must be factual. Clearly show your involvement with your child, your contribution to your child’s support, and state how relocation is likely to effect your child. For example, your son is doing well in school, just joined a soccer team, and doesn’t want to leave his half-brother and his friends. The judge will consider your child’s age. If your child is 14 years old or older, the judge may let your child decide where he or she wants to live. Judges keep siblings together for emotional support.

Biological Fathers

In Trimble v. Gordon, 430 U.S. 762 (1977), the United States Supreme Court ruled that state courts can rule that a man other than your child’s biological father is your child’s dad. Competing presumptions in a highly contested custody case have been won either way. The Uniform Parentage Act gives equal rights to unmarried parents regardless of one parent’s divorce in Florida. DNA and blood tests determine whether a man is a child’s father with 100% accuracy. Our family lawyer in Florida may be able to help you gain a relationship with your child if his or her mother is relocating. A biological parent who never visited his or her child may have no child custody rights or a claim with merit. If you’re the noncustodial parent, you need to stay in your child’s life because you can lose your child custody rights after divorce in Florida.

Modification of Existing Custody Order

Substance abuse and domestic violence are grounds for a custody hearing after divorce in Florida. If you got arrested for driving under the influence of alcohol with your kids in the car, our family conflict lawyer in Florida can help with a domestic order of protection against the at-fault party for the children. Good people make mistakes they later regret. If you’re truly sorry, consider your business and your reputation. Your children need the financial support of both parents. Our family lawyer in Florida may be able to help you negotiate a positive outcome after your conviction.

Relocating Without Consent

If you move more than 50 miles away from home with your child without a new custody order and time sharing plan, our family law attorney can try to help you avoid contempt of court proceedings. You can be ordered to return the child or face sanctions during the modification of your parenting or time-sharing plan. Our child custody lawyer in Florida can help you if you have relocated with your child without consent of the court.

The court considers the child’s age and current needs. How will the relocation impact the child’s development? Will the relocation improve the child’s future? Are both parents current and participating in their obligations to their child after divorce in Florida?

Law Office of Erin Morse

Call our child custody rights attorney to discuss relocating with a child after divorce in our conveniently located Orlando, Florida, law office. Our family law attorney devotes her entire practice to family law: divorce, child custody, child support, military divorce, modifications, paternity, parental time-sharing and visitation. She’ll help you negotiate a brighter future. Our family law lawyer in Florida can also serve as a guardian ad Litem in a contested custody case.

Understanding Types Of Alimony

Alimony is also called spousal support or maintenance. It is a concept that allows a spouse with superior financial resources to support a former spouse up to the point that they can support themselves. It is also meant to ensure that each spouse maintains their former life status after a divorce. Alimony may either be awarded as a lumpsum, by monthly installments, or by combining the two options. Awards for maintenance require compelling arguments that prove that a spouse requires financial support to either support their former living standards or to help them get on their feet. It is advisable to hire a divorce lawyer to help make a strong case that ends in an order for alimony. Here is some basic information about the types of alimony in Florida and the circumstances under which each of them is awarded.

According to Florida Law, spousal support is awarded under the following circumstances:

  • To even the gap between a spouse with superior financial resources and one with meager financial resources
  • To be rehabilitative
  • To help a person become financially independent

Types of Alimony

Alimony in Florida is not the same as punitive damages. While punitive damages are meant to punish the wrong doer, alimony ensures that both parties in divorce get a fair ruling in terms of financial well being. It is a means of recognizing that one spouse has more skills and resources than the other and is much able to support themselves going forward. The court’s judgment on alimony in Florida is based on the length of the marriage.

Marriages can be classified as follows:

  • Short-term – A marriage that does not last beyond seven years
  • Moderate-term – A marriage that lasts for 7-17 years
  • Long-term marriages – A marriage that lasts beyond seventeen years

Temporary Alimony

This type of spousal support is awarded during divorce proceedings. It is also called alimony pendent lite. Temporary alimony is terminated once the court grants a divorce decree and replaced by any of the other types of alimony in Florida.

Rehabilitative Alimony

When a spouse wants to pursue vocational skills training or an education program so they can get employment and be self-sufficient, the court awards them rehabilitative alimony. Rehabilitative alimony is awarded based on a specific plan. The court will give the order of rehabilitative spousal support by the duration of the program, associated costs, the period that spouse will be working as an apprentice, and the time required for the spouse to become self-sufficient. However, a spouse paying or receiving the alimony requests for a modification of the order on the grounds of a change in circumstances or where the receiving spouse deviates from the plan. Unlike other alimony awards, rehabilitative alimony in Florida does not end with the death of the receiving or paying a spouse or when the receiving spouse remarries.

Durational Alimony

In cases involving short or moderate-term marriages, the court may order for durational spousal support. This type of alimony in Florida comes as a fixed amount spanning over a set period that does not exceed the duration of the marriage. For example, if the couple seeking divorce lived together for two years, the durational alimony should not exceed two years. However, if there is a significant change in circumstances, the court may allow for a modification of the award. The modification only applies to the amount of alimony and not the duration of the award. Durational alimony in Florida ends when either the receiving or paying spouse dies or if the receiving spouse marries someone else.

Bridge-the-gap Alimony

This award helps the spouse move from being married to living as a single person. It helps allocate the funds that cater to identifiable and foreseeable bills that help one start a new life without a spouse. Bridge-the-gap alimony in Florida ends when either the paying or receiving spouse dies or if the spouse receiving remarries.

Permanent Alimony

This type of alimony in Florida is given for moderate and long-term marriages. However, under special circumstances, it may be awarded for short term marriages. Permanent spousal support will be granted if a spouse cannot achieve the living standards of the marriage in terms of basic needs or life necessities. Before granting permanent alimony, the court will consider the life of the couple during the marriage. A person who is used to a lavish lifestyle will be awarded spousal support that helps them live up to a similar lifestyle after they get divorced. The court may modify permanent spousal support if there is a change in circumstances or where the receiving spouse gets into a relationship where they are receiving support from someone other than a relative. Like many of the other types of alimony in Florida, permanent alimony ends when either the paying or receiving spouse dies or if the receiving spouse remarries.

Factors Affecting Alimony Awards

The court usually frowns upon adultery and will review the circumstances leading to adultery when awarding alimony in Florida. Therefore, for spouses who have committed adultery, there is the need to hire an experienced divorce lawyer to improve the chances of getting an award for alimony. Generally, the court usually considers the following financial matters before granting alimony. This includes:

  • The duration of the marriage
  • The living standards that the couple enjoyed during their marriage
  • The age of both the receiving and paying spouse and any emotional or physical impairments that may affect their economic needs and ability to make a living
  • The marital and non-marital assets of both parties and the debts incurred during the marriage
  • The need for career training or education for any of the spouses to get employment and be in a position to support themselves
  • The contributions that each spouse made during the marriage including; child care, homemaking, salary, financial contributions, supporting a spouse in their education bills, or assisting a spouse in building a business or pursue a career

The Importance of Hiring a Divorce Lawyer

There is no telling how a divorce case will turn out. In most cases, the terms of a divorce will usually favor one party. This is the case if one spouse is found guilty of adultery or where one spouse has superior financial resources. Most people hire a divorce lawyer to improve their chances of a fair ruling after a divorce. A divorce lawyer is involved in much more than litigation and will ensure his/her client gets a fair ruling on alimony. Some of the roles played by a divorce lawyer include:

  • Submitting the divorce case in court
  • Serving spouses with divorce papers
  • Reviewing the facts of the case and building a strong case for clients
  • Pushing for a suitable alimony award
  • Negotiating in settlements before a case goes to trial
  • Representing the client in court and pushing for fair terms of divorce including alimony and child support

The outcome of a divorce case, including the terms of the divorce such as alimony, is dependent on each spouse’s legal representation. It is the job of the divorce lawyer to build a strong case that justifies the award for alimony among other conditions.

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