uncontested divorce

Generally, there are two types of divorces in Florida, uncontested and contested divorce. Florida is a “no fault” state, therefore; you won’t have to litigate, provide evidence of adultery, or other reasons to file for divorce. See Florida divorce law. However, there can be extensive litigation over alimony, child custody, and other issues as part of a no-fault divorce in Florida. If you need assistance with a contested or uncontested divorce contact a Tampa family law firm for assistance.

What is an Uncontested Divorce?

In an uncontested divorce, the two parties reach an agreement on all of the issues prior to filing the case. The major issues that come up in a divorce include division of assets, division of debts (See Florida Statute 61.075), Parenting Plan (including parental responsibility and time sharing, formally known as custody;) child support; alimony; name changes, and other issues.  It is recommended to have a divorce lawyer assist with the case, but it is not required. There are so many complex issues to negotiate, it is best to work with an attorney to ensure everything is addressed and your rights are protected.

Normally, an uncontested divorce will be a lot less expensive and time consuming than a contested case. Most divorce attorneys in Tampa charge $250 – $450 per hour. The more time spent having to negotiate with the other side, attend court hearings, and file documents with the court the more it will cost you. A flat fee divorce can eliminate the need for all of these extra costs. Additionally, it can streamline the divorce process and allow the court to enter the dissolution of marriage much sooner. In many instances, a flat-fee divorce can be completed in as little as 30 – 45 days. For more information about our flat-fee divorce click here.

What is a Contested Divorce?

In a contested divorce, the two parties are unable to reach a full agreement among themselves. If the parties agree on 99% of the issues it will still be considered contested because there is 1% left for the judge to decide. If a Judge needs to get involved, the divorce is classified as contested. The same issues as above will arise, but the Judge will decide the division of assets and debts, the Parenting Plan, child support, alimony, name changes and any other issues that may arise. For more information on the differences between a contested and uncontested divorce contact a family law attorney in Tampa.

Flat -Fee Divorce Law Firm

Florida Law Advisers, P.A., offers a low cost, flat-fee for uncontested divorce cases. The flat-fee amount will vary based on the circumstances of each individual case. Therefore, to get a quote and speak with a  divorce lawyer in Tampa please call us at 800 990 7763. Whether a couple mutually agrees to the terms of a divorce or are engaged in a fierce battle for their property and child custody rights, Florida Law Advisers, P.A. can help!

rehabilitative alimony

There are many types of alimony (spousal support) available under Florida divorce law.  See Florida divorce law 61.08.  Two easily confused types of alimony are Bridge-the-Gap and Rehabilitative alimony.  Bridge-the-Gap alimony is designed to help a person transition to become a head-of-household. On the other hand, rehabilitative alimony is to financially support a specific plan to obtain financial independence. This area of the law can be confusing, please contact a divorce law firm in Tampa for assistance.

Purpose of Florida Rehabilitative Alimony

The purpose of rehabilitative alimony is to help a spouse who served in a supportive role learn or develop new skills, so that they can live a fruitful life on their own. See Florida divorce case Canakaris v. Canakaris. Some common examples of rehabilitative spousal support are attending college, trade school, or assistance with obtaining a professional license. In order to receive this form of alimony, you must have a specific plan and intent to execute that plan.

Modifying or Terminating Rehabilitative Spousal Support

Rehabilitative spousal support can be modified or terminated based on the fulfillment or lack of fulfillment of the rehabilitative plan.  For example, if the rehabilitative plan was to go to cosmetology school and the recipient drops out, the rehabilitative alimony may be terminated by law.  Conversely, if one determined that cosmetology school was not for him or her, the rehabilitative plan could be revisited (with the assistance of a divorce law firm ideally) so that a new plan can be established or modified.

Divorce Law Firm in Tampa

Rehabilitative alimony is a complicated topic and there are many types of alimony in the state of Florida.  You should speak with an experienced divorce attorney in Tampa to ensure that you are receiving or paying the right type and amount of alimony for your situation. Florida Law Advisers, P.A. has years of experience in both advocating for and against alimony. Our attorneys know what factors are important to Florida family law judges and can aggressively fight for your rights. If you would like to speak with a divorce lawyer in Tampa call us today at 800 990 7763.

 

rehabilitative alimony in Florida

When determining if rehabilitative alimony in Florida divorce cases, is appropriate a judge will apply the “need and ability to pay” test.  See Guiterrez v. Guiterrez. First, the party seeking rehabilitative alimony will have to establish there is a need for rehabilitative alimony. See Florida Statute 61.08. Under Florida divorce law, “need” does not mean basic living expenses such as, rent, food, and clothing. Instead, the term “need” refers to the standard of living that was enjoyed during the marriage. See Griffin v. Griffin. The standard of living is based primarily on expenditures, not income. However, if a couple lives beyond their financial means, only the expenditures that could have been funded from the income will be included in the standard of living estimation.

Types of Alimony in Florida

Florida family law allows for many different types of alimony, which can vary in duration, amount, and purpose. Rehabilitative alimony in Florida divorce cases is just one type of alimony that may be available. Florida courts have a lot of discretion in awarding alimony and if so, how much. The divorce law firm in Tampa you retain can make a significant impact on the type and amount of alimony that is awarded. Therefore, it is important that you have a trusted Tampa divorce lawyer that is experienced in Florida alimony litigation at your side.

Rehabilitative Alimony in Florida

Rehabilitative alimony in Florida is financial support intended to provide a former spouse with the opportunity to establish the capacity for self-support, proportionate to the standard of living during the marriage. See Florida Statute 61.08. The length of the marriage will play a factor in whether or not rehabilitative alimony is appropriate, but it is not dispositive. Instead, the focus should be on the impact the marriage had on the earning potential of the spouse seeking alimony. For instance, if the party seeking alimony after a 5 year marriage abandoned their career to take care of the couple’s children rehabilitative alimony may be appropriate.

The length of the marriage will play a factor in rehabilitative alimony cases but is not the only significant factor. Typically, the impact of the marriage on the spouse’s career will likely be the driving force. Conversely, if a party is seeking rehabilitative alimony after a 10 year marriage but cannot provide evidence that the marriage hindered their earning capacity rehabilitative alimony should not be awarded.

Rehabilitative alimony in Florida should only be awarded to spouses who truly need it. Thus,  if there was no decline in earning potential due to the marriage it should not be awarded in the divorce. See Ritter v. Kiezkowski. Further, if the spouse cannot show that the rehabilitative alimony will permit economic self-sufficiency it should not be granted. The party seeking rehabilitative alimony must provide a definite, detailed rehabilitation plan. See Cogen v. Cogen. Further, the plan must be feasible and not tentative.

Divorce Law Firm

A skilled rehabilitative alimony in Florida law firm can make a big impact in a divorce litigation. If you are contemplating filing for divorce or your spouse has already filed for divorce, call us today to speak with a Tamp divorce attorney at our firm. The divorce attorneys at Florida Law Advisers, P.A. have years of experience in both advocating for and against alimony. With years of experience, we are more than ready to present a compelling case on your behalf. To speak with a Tampa divorce lawyer at our firm call us at 800 990 7763.

high asset divorce in Florida

Divorce can be a stressful and frightening time, it is the end of a marriage. There is a lot at stake in the outcome. This is especially true for a high asset divorce in Florida. There are unique challenges to a divorce when the parties involved have a substantial amount net worth. In cases such as these, it is important to hire an attorney who knows the law and can understand complex financial investments. Additionally, you will want an attorney who has a good reputation with expert witnesses that can be used in your case, such as forensic accountants, auditors, appraisers, social investigators, and guardian ad litems. If you need assistance with a divorce matter contact us to speak with a high asset divorce attorney in Tampa.

Equitable Distribution for High Asset Divorce in Florida

Under Florida law, there must be an “equitable distribution” of the martial assets and liabilities. See Florida divorce law 61.075. The court will divide the marital assets and liabilities 50/50 between the couple unless there are factors that would make an equal split inequitable.

The first step in reviewing a case to determine the distribution of assets is to classify each asset and debt as either marital or separate property. Only marital property/ debt is subject to equitable distribution by a judge; separate property will remain the property of the spouse who owns it. Normally, this is a straightforward process; however, it can be very complex in a high asset divorce in Florida. Therefore, it is crucial to hire an attorney who is well versed in how a high asset divorces and can aggressively represent your interests.

Alimony in a High Asset Divorce in Florida

Alimony, which is also frequently referred to as maintenance or spousal support is payment from one ex-spouse to the other. The fundamental principal guiding an award of alimony is to alleviate the disparity in financial resources of the two parties. However, disparity in financial resources alone is not enough to justify an award for alimony. See Segall v. Segall. Instead, Florida family law courts look at one spouse’s ability to pay alimony vs the other spouse’s need for alimony. See Canakaris v. Canakaris. There is no standard formula to calculate alimony for in Florida. The high asset divorce attorney you hire can make a big difference on whether or not alimony is awarded.

Child Custody in a High Asset Divorce in Florida

In a divorce case where the couple shares minor children the law will require the parents to submit a parenting plan for court approval. The parenting plan outlines how the parents will share the  responsibilities and decision-making authority for the children. The parenting plan, must describe how the parents will share and be responsible for the daily tasks for the child. It will also specify the time children will spend with each parent, designate who will be responsible for any and all forms of health care, school-related matters, and other activities. It will also include the methods and technologies that the parents will use to communicate with the child.

If the two parents are unable to agree on the terms of the parenting plan the judge will step in and decide the terms for them. In cases such as these, it is vital to hire an attorney that can aggressively represent your interests. It is very difficult to change a parenting plan after it has been issued by a judge. You want to make sure you are happy with the parenting plan, as you may not be able to modify it in the future.

High Asset Divorce Law Firm in Tampa

A skilled divorce lawyer can make a big difference in a high asset divorce case. If you are contemplating filing for divorce or are already engaged in litigation call us to today to speak with a high asset divorce lawyer in Tampa. We have a lot of experience with complex financial investments and have a good rapport with many forensic accountants, auditors, appraisers, social investigators, and guardian ad litems. If you would like to speak with a divorce lawyer at our firm call us today at 800 990 7763. We are available to answer your call 24/7.

alimony garnishment

Unfortunately, without a way to enforce it, judgements can sometimes feel like they are worthless.  However, Florida alimony law does provide for a variety of ways to enforce judgements, including garnishment. In garnishment cases, the funds go directly to a third party rather than their original recipient. Thus, alimony can be forwarded directly to the former spouse from the employer.  According to Florida Alimony Law §61.12, garnishment can be utilized to enforce marital support obligations including both alimony and child support. The process of obtaining the alimony garnishment can be complex; however, a divorce attorney in Tampa can help. If you are not receiving the alimony you are owed, contact a divorce lawyer in your area for assistance.

Florida Alimony Garnishments

A lot of myths circulate about garnishments for alimony orders.  Many people hear that only child support payments can be garnished from wages, but that is not the case.  Both forms of support are eligible for garnishment. Plus, it is not only wages:  for example, in Florida alimony garnishment case, City of Miami v. Spurrier, the court ruled that pensions could also be garnished for support.  Further, spendthrift trusts, which are specifically designed to protect the trustee’s assets from creditors, can be garnished to satisfy alimony payments.  See Florida alimony garnishment case,  Gilbert v. Gilbert.

Exceptions to Alimony Garnishments

Many people who are not experienced divorce lawyers may think that there is a “loophole” which allows anyone to get out of a garnishment order. It is true that there is a “Head of Household” defense to garnishment under Florida Statute §222.11, and about twenty years ago it was used to ensure that if a previous spouse who was ordered to pay alimony had dependents, the garnishment could be prevented.  However, the exception was revised to provide for alimony, regardless of head-of-household status some time ago.

Tampa Divorce Law Firm

Don’t rely on what happened when your friend, brother or sister attempted to enforce a provision for alimony.  Talk to an experienced divorce attorney in Tampa to help you determine what will work best in your individual circumstance. Florida Law Advisers, P.A. hasyears of experience in both advocating for and against a Florida alimony garnishment. Our divorce lawyers in Tampa know what factors are important to Florida family law judges and aggressively fight for our client’s rights. If you would like to speak with a divorce lawyer in Tampa call us today at 800 990 7763 to schedule a free consultation.