If you are contemplating a divorce, or you have been served with a petition for dissolution of marriage, you need to think not only about the short-term changes but the long-term security of you and your children. Divorce can be a highly emotional and volatile event and you need a dedicated, highly qualified and experienced Jacksonville divorce attorneys working for you.
A divorce can also be a confusing and trying time. Many times there are more questions than answers.
- How much child support should I expect to receive?
- What about spousal support or alimony?
- Who will get custody of the children?
- What will happen to our property and investments?
- How do you defend yourself in a divorce proceeding?
- What about the Tax implications of a divorce?
- What if my ex is planning on relocating to another city or state with the children?
The Family Law Attorneys at Harris Guidi have years of combined experience and they handle all aspects of divorce and other family law litigation issues including:
Regardless of your situation, we are eager to sit down with you during a confidential family law consultation and help guide you through the immediate issues and help you put together a realistic long-term plan to meet your needs in the intermediate and long-term after your divorce is finalized.
Florida is a “no fault” state. That means that it does not matter whose fault the divorce is. The grounds for a divorce in Florida are according to Florida Statute, Chapter 61.052:
- The marriage is irretrievably broken or
- One of the spouses suffers mental incapacity
You must meet the residency requirement also which is one of the parties must reside in Florida for a minimum of six months before filing a petition for dissolution.
There is no requirement that the couples live separated for a period of time prior to finalizing their dissolution.
However the divorce process and be complicated and intimidating. Hiring a qualified Jacksonville Divorce Attorneys from Harris Guidi will help you take the steps to get your life back in order and pick up the pieces.
Types of Florida Divorce
Uncontested – An uncontested divorce is a divorce in which the parties agree to all terms of their divorce and they have entered into a Marital Settlement Agreement. This agreement stipulates all of the conditions for child support child custody, division of assets, alimony, etc. That agreement will be incorporated into the Final Judgment.
Contested – A contested divorce is a divorce where the parties do not agree on certain terms of the divorce. In a contested divorce the matters will be presented to a judge who will decide on the disputed matters.
Simple – A simplified divorce has particular requirements and the divorcing parties will meet with a judge to testify as to meeting the requirements and petition for the divorce.
Default – A default divorce takes place when one party does not respond to the petition for divorce. Once that takes place the court can enter a default judgment for the petitioner.
Regardless of your situation, our team of experienced Jacksonville Divorce lawyers can advise you what is right for your situation and they can make sure that your rights are protected.
Division of Property
Part of the divorce process is the division of property. The Florida court will consider the following factors in making a property award, including:
- The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
- The economic circumstances of the parties.
- The duration of the marriage.
- Any interruption of personal careers or educational opportunities of either party.
- The contribution of one spouse to the personal career or educational opportunity of the other spouse.
- The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
- The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the non-marital assets of the parties.
- The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party.
- The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
- Any other factors necessary to do equity and justice between the parties. (Florida Statutes – Chapters: 61.075 and 61.077)
Harris Guidi Divorce Attorneys in Jacksonville will help you navigate these issues and help fight for your rights and your property. Contact us today for a confidential consultation.