The Divorce Process:
The likelihood for a couple to decide to call it all off and settle on a divorce is a common place event today. All over the country this happens on a daily basis. A Florida divorce lawyer or Tampa divorce attorney will usually have a high demand for their services, whether in Florida or anywhere else in the United States.
So what exactly is the process involved and how does the legal system deal with divorce proceedings?
The outcome of a divorce is where both parties are legally able to re-marry as their marriage is no longer considered to be viable by one or both parties. Usually, options for any a resolution or even a compromise are explored before deciding to hire a divorce attorney. However, when all else fails the legal proceedings are put into place.
You may wonder why couples do not seek annulment instead. The annulment process needs to establish that the marriage was void for a number of reasons. Typical reasons may include things such as one party being under aged or insane or because of sexual impotence or fraud, and those examples may provide the grounds for annulment.
Divorce on the other hand gives full recognition to the marriage and has it dissolved through reasons varying from extreme behavior, adultery or an extensive time spent apart among many others. A husband or wife can decide on what grounds to pursue and file the case. The divorce attorney then works to prove the case in court in a divorce hearing.
In most cases of divorce, the majority of time is spent in deciding about the allocation of joint property. The law differs from state to state regarding just what is 'community property' in a marriage. Most courts acknowledge that assets purchased after the marriage is owned equally, that are fifty percent each. Similarly, any debts are shared equally by both parties. These are allocated by the divorce attorney.
Florida divorce law uses equitable distribution to divide property between spouses.
Equitable distribution is different from community property law in that the financial situation of each spouse determines what percentage of the couple's property each one receives. This means that it's rare that the marital property is divided on a 50/50 basis. Some of the variables that the Court will look at when determining how much each spouse will receive include:
- Property each spouse will own after divorce
- How much each spouse will earn after divorce
- If one of the spouse's worked harder to acquire the property during marriage
- The amount each spouse contributed to the family
- Whether one spouse wasted or dissipated marital property
- How long the marriage lasted
- Age and health of spouses
- Which spouse will have custody of children
- Abuse or infidelity
In equitable distribution, Florida recognizes all property acquired during a marriage except money or property received as a gift or inheritance.
Often a case will grant one spouse some maintenance payments or alimony for or a certain period of time or the house may be transferred to the other party. This is quite standard for a wife who has children at school.
The custody of the children is another issue which takes considerable time to arrange. This may be granted to either spouse with visiting rights approved or joint custody may be negotiated. Quite often the parents work this out without the need of the attorney.
While the court proceedings are taking place the divorce attorney represents their client in court and attends any meetings between the parties. There is always the prospect of violence if bitter feelings come to the fore particularly in adultery cases. The attorney is there to keep proceedings on course and mediate between the parties. The work of the divorce lawyer is not complete until the court's rulings have been enforced and all assets and custody arrangements have been carried out.
You can divorce your spouse for any reason in Florida; in other words, it's a no-fault state. All you need to state in the papers is that you want a divorce because of irreconcilable differences and that you and your spouse have been residents of Florida for six months or more.
You can learn how to prepare for a consultation or appointment with a divorce attorney with this link and for more information on Florida divorce laws or for an experienced Tampa divorce attorney you can depend on,
Call us today at 813-489-3222 for a FREE consultation and case evaluation.
Content authored by Frank Fernandez