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If you’ve already started thinking about ending your marriage, there are obviously troubling issues between you and your spouse. Thoughts of leaving your husband or wife don’t come up unless something serious is going on in the marriage. People contemplate ending a marriage for many reasons. It may have been the occurrence of a singular catastrophic incident, chronic behavior or a slow burning dissatisfaction with life as a married person.
Everybody Deserves To Be Happy
You deserve to be happy, as does your spouse. No matter what else may be true about your or your spouse, or about your marriage, happiness is supposed to be part of the equation. For better or for worse was never meant to mean a long, tortuous life chained to someone who almost makes you feel like life isn’t worth living. Consider how short your life is and how big the world is. The world is filled with opportunities and chances to be happy. You shouldn’t have to pay the price of your own happiness just to avoid ending a marriage.
Could Things Get Better?
As a loyal spouse, you may be torn between divorce and staying in the marriage because things may get better. It’s important to be very honest with yourself about this. Theoretically, any marriage can get better. In reality, many marriages don’t. Some rifts between spouses are just too painful to heal. Other times, inherent differences between people make it impossible to have a peaceful coexistence. And people change over time. You might feel like you’re married to a stranger at this point. One sign of a possible improvement in the marriage include your spouse initiating meaningful conversations with you about the marital issues. Another is a willingness by both partners to go to marriage counseling. If things are looking hopeful, you might delay your final decision. Just make sure you aren’t delaying it because you’re afraid to ever make a choice.
What Will People Think?
The anticipated reactions of other people can convolute your decision-making process. If you have a close relationship with your in-laws, you may be embarrassed or afraid of what a divorce will do to that relationship. You might feel like you’ll lose friends, or that your neighbors will look down on you. The thing is, those people aren’t living your life. They don’t know what you have to put up with on a daily basis. Just as you don’t know the intimacies of anyone else’s marriage, no one else knows the intimacies of your marriage. When deciding on whether to end a marriage, it really doesn’t matter what other people think. It only matters what you think and feel.
Consider the Alternative
Speculate on what would happen if you decide to stay in a dead end marriage despite being unhappy, being treated poorly or suffering abuse. A dead end marriage won’t lead to anything positive in the future. If nothing improves then things may not even stay the same; they may get worse. You will have lived your life in a dead end marriage for what? To please others, or to please some false idea of who you think others want you to be?
Ending a marriage isn’t easy. It’s not “the easy way out.” It’s the smart way out if you’ve given careful consideration to the divorce from all angles. Ending a marriage means you’ll have to forge ahead on your own. That can be a scary thought after years of marriage. Look at it this way. You were alone before and you made it alright. If you need to, you can do it again.
The Quickest And Easiest Way To Get In Control Of Your Divorce
Contact us to schedule a Consultation with Attorney Morse over the phone.
Go to sleep tonight knowing that everything has finally been taken care of.
Like all the other states in the country, Florida has its own set of divorce laws. When a married couple has decided their relationship is no longer worth salvaging, divorce may be the only option they consider. The general requirements for getting a divorce according to Florida divorce law are essentially the same as for other states. At least one member of the married couple must be a legal resident of the state for at least six months before the couple decides to file for divorce. The party who files must also visit their local circuit court and get a form for Petition for Dissolution of Marriage. The form must come from the court in the county in which the person lives. It is also required that the spouse be made aware of the petition as they have 20 days to file a response to the petition.
If the other spouse doesn’t respond within the 20 days, the person filing for the divorce can file a motion for default. To do this, Florida divorce law requires the individual to the clerk of court and file out certain forms, as well as set a final hearing. The person filing must also notify their spouse of the hearing with a Notice of Hearing. The next step is that the respondent can either agree or disagree and file a notice for trial. When this occurs, it is considered a contested divorce. With a contested divorce, it’s wise to retain a skilled divorce attorney. If the spouse agrees with the divorce, it is an uncontested divorce and the hearing can proceed as long as all pertinent forms are filed.
Marriage Presumptions in Florida
According to Florida divorce law, two people are considered legally married when they have had a ceremony and live together with the belief that they are married.
What are the Terms of Divorce in Florida?
If a person is filing for divorce, there are certain things to consider, which makes it extremely important to know what they want to gain from the divorce. One of these things is whether the wife will keep her married name or go back to her maiden name after the divorce is final. Whatever the aspects, it’s important to acknowledge what’s most important to each party and to properly proceed when filing the Petition for Dissolution of Marriage. However, even if both parties agree to all of the conditions of the divorce, they should file a Marital Settlement Agreement for Dissolution of Marriage. If the marriage produced children, they should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Children, which can ensure that the divorce proceedings go smoothly.
In general, there are two specific grounds for divorce according to Florida divorce law. They include the following:
• The marriage is irretrievably broken and cannot be saved
• One of the spouses has been mentally incapacitated for over three years
How a Married Couple Can Qualify for Simplified Dissolution
In the state of Florida, a couple can qualify for a sampled dissolution of marriage as long as certain requirements are met. They include the following:
• The two spouses mutually agree that the marriage is irretrievably broken and cannot be salvaged
• Both spouses agree to give up their rights to a trial or appeal
• Both spouses will go to the clerk of court’s office and sign the petition
• The wife is not pregnant and there are no children or dependents in the marriage
• Neither spouse is requesting alimony
• The spouses have agreed on how to divide their property and debts
• Neither spouse is requesting financial information other than court-approved financial documents
• Both spouses will attend the final hearing
Once the two parties file and submit all the pertinent documents to the clerk of court, they will get the date and time for their court appearance. If both parties appear at the hearing and all the paperwork is in order, the judge can then hand down the final judgment for dissolution of the marriage. The divorce is officially final after the judge signs a Final Judgment of Simplified Dissolution of Marriage.
It’s important to note that both spouses are required to appear together before the judge at the hearing. If all the paperwork is in order, the judge can grant the final judgment to dissolve the marriage as a simplified dissolution of marriage by signing the Final Judgment of Simplified Dissolution of Marriage. This document is required to be provided by the soon-to-be-former couple.
Division of Property in Florida Divorces
Florida is an equitable distribution state, which means that all the property amassed throughout the course of the marriage is divided in an equal and fair manner. Additionally, per Florida divorce law, other things are considered as well, including alimony awards, child support and other responsibilities each party had throughout the marriage. Generally, per Florida divorce law, the court considers certain factors when determining property division during a divorce, including the following:
• Length of the marriage
• The economic circumstances of each party
• The contributions of each spouse during the marriage, including child care, education and more
• A spouse’s wishes to retain an asset and to be free of a claim from the other party
• Contributions made to one spouse by the other for education or career enhancement
• A spouse’s wishes to retain the marital home for the benefit of a dependent child
• Contributions from each party toward marital and non-marital assets
• Vested and non-vested benefits, pensions, funds, retirement or insurance plans other other things subject to distribution
Alimony in Florida Divorces
As per Florida divorce law, alimony is classified in four distinct categories. The court can order periodic payments or lump sum payments or even both. Either spouse can request the support as it is based on need as opposed to the other spouse’s ability to pay. The alimony categories include the following:
• Bridge-the-Gap: This is a type of payment that is made to help one spouse in the short term as they work toward being independent. It lasts no longer than two years.
• Rehabilitative: This type of payment is meant to help one party become self-sufficient by developing skills through education, training or work.
• Permanent: This type of support is in place when one spouse is financially unable to support themselves. However, it is usually not awarded if the marriage was short unless there are exceptional circumstances in place.
• Durational: This type of support is awarded to someone whose marriage was short to moderate in duration.
Child Support in Florida Divorces
Florida divorce law involves the Income Shares Model when taking child support into consideration. This takes both parents’ income to consider how much money each contributes toward the child.
In some cases, a health insurance provision is included in a child support order for minor children. Health insurance costs do not go over five percent of the parent’s gross income. In some cases, the court can require that the parent paying child support buy a life insurance policy to protect the child support order.
The Quickest And Easiest Way To Get In Control Of Your Divorce
Contact us to schedule a Consultation with Attorney Morse over the phone.
Go to sleep tonight knowing that everything has finally been taken care of.
A divorce is a very serious matter. Each member of the partnership needs to make sure their needs are met. One of the best ways to resolve the dissolution of a partnership is with help from an Orlando divorce attorney. A divorce lawyer can offer many important services. The Orlando divorce attorney serves as the client’s voice during the divorce proceedings. They make sure that the Orlando divorce proceeds smoothly. They can also help with other issues such as child care arrangements, fiscal support and the division of any existing properties held in common. Before speaking to a divorce lawyer, it’s a good idea to think about the kind of questions to ask during any meeting. This can help any client narrow down their potential lawyers and decide which one is right for their specific circumstances.
Area of Practice
One of the most important questions that anyone seeking an Orlando divorce lawyer should ask is about the lawyer’s area of practice. Find out if the lawyer specializes in divorces. Some may only do this form of legal assistance only occasionally while others do more divorce cases each year. Ask them how long they’ve been practicing divorce law. A lawyer may be what is known as a certified family specialist that indicates many years of experience in this area. If you have a complicated Orlando divorce, this can be an example of someone with much needed expertise.
Strategic Examples
It’s a good idea to have documents with the basics of the case laid out in advance before showing up. Doing so can help the lawyer provide the kind of answers that people need as their case begins. A lawyer should be able to examine the documents in question and then offer suggestions about what may happen going forward. The lawyer can indicate roughly how long the case might take to resolve and what kind of relevant legal issues might apply in their client’s case. They can also indicate what strategies might work best and what approaches may be less indicated in order to get at the desired outcome.
The Number of People
A client should know how many people will be working with them. A large firm may have an attorney on staff entirely devoted to the practice of divorce law. In that case, that person will be their contact as the case continues. Find out all who will be working on the case. This includes any paralegals as well as other legal professionals. Ask if it is possible to meet with everyone who is working on the case before it begins. Putting a human face on a case can serve as motivation for staffers that leads them to put even more effort to get to the best possible results.
Kinds of Costs
Costs are a major factor during and divorce. It’s good to find out as much as possible about all fees related to any divorce. Any divorce lawyer should be able to answer all questions related to billing well in advance. Ask about the estimated total cost. Keep in mind that this can be hard to estimate until the case begins. A good attorney will say so to their clients. Ask about communication with the other person and any attorney they hire. An attorney should be able to indicate hourly costs as well as any other costs such as the costs of investigator and any other officials that might be involved in some way.
Asking such questions can help anyone find the right legal help during all stages of the divorce.
Divorce is not easy on anyone, especially the kids. While the marriage may be over, both parties still owe their children love, attention, and support in all forms. In order to make that happen, it’s crucial for both parents to ensure their kids know they are there for them. Here are six approaches that many Orlando divorce attorneys will suggest to clients who want to make divorce easier for the children.
1. Tell Them Together
It’s the ethical responsibility of both parents to sit down with the children and explain that the family is about to go through an Orlando divorce. While it’s not necessary to provide specifics about the reasons behind the divorce, do help the kids understand that the end of the marriage does not mean the end of the family. It just means not everyone will be living under the same roof and that a plan for child custody will be created.
If the kids need to vent, let them. The focus here is not on what the parents are feeling. It’s about helping the kids to understand what’s happening. That may require hearing some hard words from the children, but it’s better for them to let it out now than try to keep it in.
2. Create and Abide By a Reasonable Visitation Schedule
A child custody arrangement can take on many forms. One parent may have sole custody while the other is granted visitation rights. Even in a shared custody arrangement, one parent will serve as the custodial parent while the other party is designated as the non-custodial parent. The goal of the court and the Orlando divorce attorney is to ensure the children have regular access to both parents via a workable time sharing plan.
3. But Be Flexible
While there’s a time sharing plan in place, remember to be flexible. If a child has a school activity on a visitation weekend, work together to reschedule the visit. Alternatively, the non-custodial parent must be willing to step in and help if the custodial parent is ill or needs to be out of town at a time other than the regularly scheduled visitation weekend.
4. Never Use Visitation to Punish the Other Parent
Always remember that visitation after an Orlando divorce is about maintaining a healthy and loving relationship with the children. It’s not about whatever negative feelings the former partners have about one another. Never withhold or otherwise use visitation time as a way to get back at the other parent.
This means that custodial parents should do everything possible to ensure non-custodial parents can see the kids according to the child custody arrangement. In like manner, non-custodial parents should make sure the kids are returned to custodial parents on time.
5. Don’t Fight in Front of the Children
Whatever went on before the Orlando divorce, the two parties with shared custody should never fight in front of the kids again. Even when it may be difficult, remain civil to one another when the kids are around. Should the need arise to have a heated discussion, it can take place away from the children. If necessary, the two lawyers who helped create the child custody arrangement can intervene and help the parents avoid involving the kids in whatever is causing the issue.
6. Never Speak Negatively About the Other Parent in Front of the Kids
Even when the other parent is not around, it’s important to not speak negatively about the other party in front of the kids. This can be a little more difficult, especially if a child is complaining about the other parent. Even when it would be so easy to talk about how childish, immature, or irresponsible the other parent happens to be, resist the temptation.
An Orlando divorce attorney can help the client navigate the legal system and create a child custody arrangement that’s in compliance with current laws. The attorney also has a lot to offer about making the divorce easier for the kids. Take those suggestions to heart and use them at least until the kids are on their own. In the long run, the children will adjust with less difficulty and be assured that both parents still love and want them.