How do I file for divorce?

Florida is a “no fault” state, therefore; you won’t have to provide evidence of adultery or abuse for a divorce. Florida law only requires you to allege the marriage is irretrievably broken.

Will I have to pay alimony?

The fundamental principal guiding an award for Florida permanent alimony is the disparity in financial resources of the two parties. However, disparity in financial resources alone is not enough to justify an award for alimony. Instead, considers one spouse’s ability to pay alimony vs the other spouse’s need for Florida permanent alimony.

What are my custody rights?

In Florida child custody & divorce cases, the court will require the parents to submit a parenting plan for judicial approval. The parenting plan outlines how the parents will share the time, responsibilities, and decision-making authority for the children.

Who gets to keep the house?

When a divorce is filed, the court will order an “equitable distribution” of martial assets and liabilities, including the house. Generally, 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.

Florida Law Advisers, P.A.

Tampa Divorce Lawyers & Family Law

Our Tampa divorce lawyers have extensive experience in a wide range of divorce, alimony, and timesharing matters. Every family law matter is different, and we bring an empathetic approach to what could be an emotionally frustrating time. Whether a couple mutually agrees to the terms of a separation or are preparing to engage in a battle for their property and assets at the Hillsborough County Courthouse, we can help.

We understand that your family law dispute is, at present, the most important matter in your life. The outcome of your case will have a long-lasting impact on your family and personal finances. Our team of divorce lawyers in Tampa Bay is committed to providing you with the personal attention you need during this difficult time.

If you are looking to work with an experienced Tampa family law firm committed to resolving your case in a stress-free and cost-effective manner, call us today. We will listen carefully as you describe your case’s details and develop a comprehensive legal strategy aimed at resolving all of your concerns. Our professional legal team is passionate about fighting for you and your family’s needs. When you work with a Tampa divorce attorney at our firm, you can count on the support you deserve, as well as strong advocacy of your rights in these important matters.

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Getting the Alimony and Property Division You Want

Divorce in Florida

Florida is a “no-fault” divorce state. You do not have to prove one party is at fault for marriage troubles.

For example, a spouse does not have to provide evidence of adultery or domestic violence to obtain a divorce, unlike some other states.

The only requirement to file for divorce is to be a Florida resident for at least six months before filing and that the marriage is “irretrievably broken.” Irretrievably broken is a legal term for saying that the marriage cannot be saved by counseling or other means.

While the requirements are minimal, however, going through the process can be very complex. Consider booking a free consultation and speaking to one of our divorce attorneys to understand your options.

Alimony and Child Support

When going through a separation, you should consult a divorce attorney in Tampa, FL, to prevent being bound to an unfavorable alimony award or child support plan. Without competent legal counsel, you could end up paying more alimony than you should or not receiving as much as you are entitled to.

Divorce law does not have any concrete guidelines that courts must follow when determining alimony payments. The family law court has the discretion to decide if alimony will be awarded, for how long it will be given. Our attorneys can provide you with insight into what to expect and how best to prepare your divorce case for a favorable outcome.

Our Tampa divorce attorneys are also skilled in bankruptcy as it relates to family law related asset disputes. In some cases, our Tampa bankruptcy attorneys can get the court’s approval of a payment plan that only requires our client to pay a small percentage of the total amount owed.

If your ex-spouse has failed to comply with the terms of a court order, you should seek the advice of a Tampa divorce attorney at our family law firm.

Property Distribution

When a couple decides to separate, they will need to make decisions regarding the distribution of their property. If a couple cannot reach an agreement, a family law court will step in and divide the property for them.

Under the law, the court must make an equitable distribution of the marital property. Equitable division means the court will divide the marital property evenly between the two parties unless there are reasons to justify one party being awarded more than 50% of the property. Contact a Tampa divorce lawyer at our law firm for a free consultation to discuss your property distribution needs.

Read more about Property Distribution in Florida

Timesharing and Family Law

Negotiate Time Sharing (Custody) Agreements

Our family lawyers in Tampa, FL, are skilled at negotiating time-sharing and child support agreements. What was previously called ‘child custody‘ is referred to as ‘timesharing’ under Florida Law.

In many cases, both parents will have timesharing with the child. However, if this is not in your child’s best interests, a judge may rule otherwise and take timesharing away from one of the parents.

The law recognizes many circumstances that may be grounds to change the terms of your timesharing or support agreement legally. Our Tampa divorce attorneys can help you identify the legal options available to you.

Grandparent’s Rights

In many cases, grandparents help raise their grandchildren and have an important role in their lives. Unfortunately, in some situations, a parent will prohibit or restrict the child’s grandparents’ visitation and contact rights. When this occurs, grandparents should seek the aid of an experienced Tampa family law lawyer.

Under Florida family law, grandparents and other family members have the right to file a petition with the court requesting visitation. However, a court will only grant visitation rights if a grandparent can show it will be in the child’s best interests and that there would be a significant detriment to the child if visitation rights are not granted.

Paternity

Paternity is a legal adjudication that establishes a parental relationship between a man and a child. When a child is born to a married couple in Florida, the husband is presumed to be the child’s biological father.

Paternity suits are often filed when a man denies fathering a child, or a mother disputes a father’s parental relationship to the child. A paternity case could involve children, parental responsibility, support, and visitation that will need to be resolved. Paternity cases can be complex and difficult without competent legal representation. Contact one of our family law attorneys in Tampa, Florida, for a free consultation to discuss all your legal options.

Relocation

The law encourages parents to share the rights, responsibilities, and joys of raising their children together. If a custodial parent moves 50 miles or more away from the primary residence, it may make frequent and continued contact with both parents unattainable.

Therefore, timesharing laws will require the relocating custodial parent to obtain written consent from the other parent or obtain court approval before relocating with the child more than 50 miles from the primary residence. Contact a Tampa divorce attorney today to discuss relocation and how this could affect your parenting plan.

Step-parent Adoption

When a single parent remarries, a stepparent takes on the responsibility of raising, caring, and loving their spouse’s child. In most cases, both the children and stepparents will form a close bond together – much like the bond that biological parents and their children share. However, under Florida family law, stepparents have no legal rights with respect to the child. Therefore, many stepparents will adopt their stepchild and form a parent-child relationship in both their eyes and in the eyes of the law. The Tampa family attorneys at Florida Law Advisers, P.A. can help with all of your family law needs.

Learn more about Step-parent Adoption in Florida

Tampa Family Law Attorneys for Prenuptial and Postnuptial Agreements

Prenuptial Agreements in Florida

Prenuptial and postnuptial agreements are becoming more common in Tampa Bay and are not just for wealthy couples. Nuptial agreements prepared by our attorneys can help all couples avoid an expensive and stressful divorce process.

An effective prenup can eliminate the need for costly litigation over assets and support in the event of a separation. It is important to hire an experienced Tampa family lawyer when drafting a prenuptial agreement.

Postnuptial Agreement

If you are already married and did not execute a prenuptial agreement, you should consider drafting a postnuptial agreement.

Like a prenuptial agreement, a postnuptial agreement can help protect your assets and avoid expensive litigation over assets, alimony, and other contentious matters in the event of a separation. Contact one of our divorce attorneys in Tampa, Florida, for a free consultation to discuss the post nuptial agreement that best suits you and your spouse.

Learn more about Postnuptial Agreements.

Looking for a Collaborative Divorce Lawyer in Florida?

Collaborative Divorce in Tampa

Collaborative divorce is when both parties work together to resolve their differences without the lengthy, expensive, and combative process of litigation in court. Our Tampa attorneys often promote a collaborative approach because it gives the parties more control over the separation and allows them to customize the marital settlement to fit their specific needs.

Rather than having a judge at the Hillsborough County Court in Tampa, Florida, dictate the terms of the separation, the parties work together with their attorneys to develop a comprehensive marital settlement agreement. If you and your spouse still have a friendly relationship, you may want to consider a collaborative divorce; speak to one of our attorneys today.

Read more about the Collaborative Divorce Process

Mediation

Mediation provides solutions to help negotiate a settlement between two parties. Unlike a Florida family law judge, the mediator does not have the authority to compel the party to enter into an agreement or the power to dictate the terms of the marriage dissolution. Typically, the mediator will be a divorce attorney from Tampa, FL, who is impartial and has no stake in the outcome.

Mediation gives the parties more control over the separation and allows them to customize the marital settlement to fit their specific needs. Rather than having a judge dictate the terms, the mediator and both parties work together with their attorneys to develop an individualized marital settlement agreement. The mediator listens to both sides of the argument and helps propose innovative solutions on which both parties can agree.

Uncontested Divorce

If you and your spouse can agree on all the terms, you may want to consider filing for an uncontested divorce with one of our divorce lawyers’ help. In an uncontested divorce, you and your spouse enter the legal proceedings with an agreement on the terms of the dissolution.

An uncontested divorce is beneficial because it helps decrease the animosity level that a contested divorce process can create. Also, the process of dissolving the marriage this way can be more efficient and far less expensive.

Learn more about Uncontested Divorces in Florida.

Flat Fee Divorce Representation

The burden and turmoil that a divorce case can create can be stressful. Our divorce and family law firm offers many innovative solutions to the traditional contested divorce, such as a low-cost, flat-fee divorce.

If you and your spouse agree on the terms of the marriage dissolution, our flat fee divorce program may be an ideal fit for your needs. Our flat-fee option can save you time and money.

Read more about our Flat Fee Divorce Representation.

Military Divorce

Military divorce involves timesharing, alimony, and property distribution as they would in a non-military separation. However, some special laws and circumstances are unique to military families.

If you are or your spouse is a current or former member of the military, you need a military divorce lawyer in Tampa, FL, who is experienced in military divorce and family law matters. Tampa divorce attorneys who only understand Florida divorce law may not be enough for these types of cases.

Domestic Violence

Unfortunately, domestic violence occurs in many homes across the country. Abusive relationships can be dangerous for the abused spouse, child, and other family members if proper action is not taken. If a family or household member is abusing you, please contact us to speak with a family law attorney right away.

Under the law, domestic abuse does not require actual physical violence. A reasonable belief that you are about to become the victim of violence is enough for the law to take action.

Read more about Domestic Violence in Florida.

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A man following his partner perhaps after a domestic violence episode

Domestic Violence Guide (2020): Florida Family Law

25

Oct

2020

Domestic violence in Florida should not go unreported. If you are the victim of domestic violence, it is important first to get yourself safe. Immediately call 9-1-1, your local domestic violence hotline, or Florida Domestic Violence Hotline at 1-800-500-1119. Once you are safe, it is important to consult an experienced domestic violence attorney as soon as possible to protect yourself and your family. Conversely, if you are falsely accused of domestic violence, contact a domestic violence attorney right away. A false domestic violence allegation can have devastating consequences if not properly defended.

Child Custody Guide (2020 Update): Florida Family Law

12

Oct

2020

In a Florida divorce or child custody case, the judge will consider the children's best interests when deciding how time-sharing will be allocated amongst the parents. See Florida Statute 61.13. Florida custody law does not give any preference to mothers or fathers when deciding child custody matters. Instead, the custody arrangement will depend on the specific facts and circumstances of each case.

Florida Foreclosure Moratorium For COVID-19 Lifted (2020)

06

Oct

2020

On April 2, 2020, Governor Rick DeSantis issued Executive Order 20-94 in response to the COVID crisis. The Order suspended foreclosure actions and evictions for 45 days. Shortly before its scheduled expiration, Governor DeSantis issued an additional extension for 30 days. The Governor continued to extend the Order each month for 30 days until recently. On September 30, 2020, Governor DeSantis announced he would not be extending the Order and would allow it to expire on October 1, 2020.

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Getting the Alimony and Property Division You Want

Divorce in Florida

Alimony and Child Support

Property Distribution

Timesharing and Family Law

Negotiate Time Sharing (Custody) Agreements

Grandparent’s Rights

Paternity

Relocation

Step-parent Adoption

Tampa Family Law Attorneys for Prenuptial and Postnuptial Agreements

Prenuptial Agreements in Florida

Postnuptial Agreement

Looking for a Collaborative Divorce Lawyer in Florida?

Collaborative Divorce in Tampa

Mediation

Uncontested Divorce

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Military Divorce

Domestic Violence

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