Category: Florida Law Blog

retroactive alimony florida

Retroactive Alimony Florida

Retroactive alimony in Florida requires the identical analysis as does an assessment of/for permanent alimony. This same analysis must be applied when retroactive alimony in Florida is pled in conjunction with any other form of alimony. A family law attorney’s argument at trial for retroactive alimony must be based on the recipient’s need and the payor’s ability to pay. Barrett v. Barrett, No. 5D20-946, 2021 WL 934990, at *3 (Fla. 5th DCA Mar. 12, 2021), see Motie v. Motie, 132 So. 3d 1210, 1214 (Fla. 5th DCA 2014). This makes sense because alimony is not intended to equalize two spouse’s incomes, nor is alimony intended to punish the paying spouse by impoverishing him or her. Jonathan Jacobs is an Orlando alimony attorney practicing divorce and family law throughout Central Florida. Call us for a consultation to discuss your retroactive alimony Florida case. Dial 407-335-8113 today to call the Jacobs Law Firm.

In unity with section Florida Statute 61.08(1), a family law trial court is obligated to support its Retroactive alimony Florida determination by making specific factual findings concerning the spouse that must pay alimony and his/her ability to pay and the need of the spouse that may receive an alimony payment. The trial court must adhere to the factors listed in section 61.08(2)(a)-(j). Austin v. Austin, 12 So.3d 314, 317 (Fla. 2d DCA 2009) (citing Williams v. Williams, 923 So.2d 606, 607 (Fla. 2d DCA 2006)). Valentine v. Van Sickle, 42 So. 3d 267, 272 (Fla. 2d DCA 2010).

Retroactive Alimony in Florida and Florida Alimony Statute

Pursuant to the Florida Alimony Statute regarding Retroactive alimony Florida, the factors a court must consider and express written findings thereof are in part and paraphrased as follows:

(a) The standard of living established during the marriage (middle class? Luxurious? Frugal? Living within one’s means?).

(b) The duration of the marriage (a short term marriage lasts for fewer than seven years, a moderate term marriage for approximately 7-17 years and a long term marriage for 17 or more years).

(c) The age and the physical and emotional condition of each party (many dissolution of marriage cases involve one spouse that is disabled).

(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each (this may in certain circumstances include inheritances and premarital property).

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment (this goes to bridge the gap and rehabilitative alimony alongside retroactive alimony Florida).

(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party (being a full time parent is a rewarding and wonderful sacrifice and is taken into account when a court considers retroactive alimony Florida).

(g) The responsibilities each party will have with regard to any minor children they have in common.

(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.

Jonathan Jacobs is managing partner of the Jacobs Law Firm, a divorce and family law firm with offices in Winter Park and Clermont, Florida.

Personal Injury Settlement Marital Property

Personal Injury Settlement Marital Property

At least two Florida Courts have ruled on the issue of pain and suffering divorce settlement and personal injury settlement marital property. In a recently released decision, the case of Roth v. Roth, the District Court of Appeals focuses in part on Florida Statute 61.075(1). No. 2D19-2559, 2021 WL 800268, at 2 (Fla. 2d DCA Mar. 3, 2021). Florida Statute 61.075 governs the equitable distribution of marital property (both assets and liabilities) in a Florida divorce. Pursuant to the Statute, the trial court is instructed to first “set apart to each spouse that spouse’s nonmarital assets and liabilities” and then “distribute the marital assets and liabilities between the parties.” Florida Statute § 61.075(8) further provides that “Assets acquired by either spouse during the marriage are presumed to be marital, and the presumption is overcome only by a showing that the assets are nonmarital.” Is a personal injury settlement marital property in Florida? Have you been injured in a case accident or slip and fall and you want to know if your personal injury settlement is marital property and/or if your pain and suffering is going to be part of a divorce settlement? Call Jacobs Law Firm for a consultation at 407-335-8113.

Pain and Suffering Divorce Settlement

In categorizing personal injury awards acquired during the marriage, Florida follows the “analytical approach” not the “unitary approach” (the unitary approach argues that any accident settlement for an individual is uniquely and solely for that individual) in identifying and decision on the issue of pain and suffering divorce settlement and personal injury settlement marital property See Weisfeld v. Weisfeld, 545 So. 2d 1341, 1346 (Fla. 1989) (the Florida Supreme Court adopted the aforementioned analytical approach, which considers the purpose of the portions of the personal injury award when classifying them as marital or nonmarital). According to the so-called analytical approach, the type(s) of accident settlement awards/monies that are subject to being classified as marital property may include: “the amount of the award for lost wages or lost earning capacity during the marriage of the parties and medical expenses paid out of marital funds during the marriage.” Id. at 1345. The reasoning may be that monies paid to replace lost wages would otherwise have been marital monies as standard earnings/earnings capacity. Generally, potential future lost wages and future pain and suffering are not marital property subject to equitable distribution.

Pain and Suffering Divorce Settlement

When ruling on pain and suffering divorce settlement in Florida and personal injury settlement marital property, the family law court must distinguish which portion of the settlement is marital and that which is nonmarital property. The injured and/or aggrieved spouse’s nonmarital property may be comprised of any portion of the damages award allocated because of the spouse’s pain and suffering. Id. If the Court finds that there is no law, rule, precedent, or guideline for how to classify an accident award of damages, they generally regard it as marital.

Any given case can have serious questions, particularly when an accident settlement does not come with an itemized listing of how damages are apportioned. Litigants may wish to consider avoiding the commingling of accident settlement funds as they may lose their non-marital character. When in doubt, call Jacobs Law Firm for a consultation to help understand your rights and responsibilities. 407-335-8113.

extracurricular activities in a florida divorce

Extracurricular Activities In A Florida Divorce

Who pays for extracurricular activities in a Florida divorce? After a Florida divorce or paternity action, extracurricular activities are generally separate from child support calculations. Parents often ask who will pay for their children’s extracurricular activities and if they are included in child support calculations. Florida law does not contemplate extracurricular activities as a standard child support deduction. Moreover, there is no one formula family law courts provide for deciding which parent pays a certain percentage of the cost. Do you have questions about extracurricular activities in your divorce or paternity action? Call the Jacobs Law Firm to speak with a family lawyer Orlando, 407-335-8113.

Who Pays For Extracurricular Activities In A Florida Divorce?

Generally, parents choose to pay 50% per parent toward extracurricular activities for their children. Who pays for extracurricular activities in a divorce if the case is contested or the parents have a disparity in income? In this scenario, sometimes parents rely on the percentage (pro rata share) of responsibility for child support and pay for the children’s extracurricular activities and related uniforms and equipment according to that percentage (65%-35% for example).

In some heavily litigated cases, one parent wants their child to participate in an activity the other parent strongly disagrees with. This may lead to an agreement whereby the parent choosing the extracurricular activity will pay for the children’s activity and uniforms and equipment in its/their entirety. This may cause the issue to be litigated through motions for clarification, contempt, and/or enforcement, but renewed/continued family litigation is not prohibited or prohibitive. Perhaps the parties truly believe they require clarification and guidance from the court.

Some extracurricular activities in a divorce include travel sports (soccer, hockey, lacrosse, football, baseball, volleyball), dance (ballet or ballroom or modern), debate club (or some other partially school-sponsored activity), and martial arts (karate, jiu jitsu, and tae kwon do are popular). One can envision disagreements about these activities as some may be physically and emotionally taxing and many parents are cautious about enrolling their children.

Who Pays For Extracurricular Activities In A Florida Divorce

Call the Jacobs Law Firm to speak with a family lawyer Orlando, 407-335-8113. Attorney Jacobs litigates family law matters in divorce and paternity cases involving minor children. If your parenting plan is ambiguous or silent on the matter of who pays for extracurricular activities in a divorce, you may need to seek legal counsel to identify the correct course of action and determine whether your issues are appropriate for court intervention.

Weekend Timesharing in Florida Child Custody Cases

Weekend Timesharing in Florida Child Custody Cases

Responsible working parents often advocate for a customized child custody agreement in divorce and/or paternity family law cases. Weekend timesharing in Florida child custody cases is both a necessity in many cases, and a financial challenge. Being a reasonable parent with an understanding of your work schedule and the amount of time you have available to spend with your children is honorable and makes sense when the children’s best interest is at issue. The most commonly posed questions for parents seeking weekend timesharing are: 1. What kind of custody is every other weekend? 2. Can a father get every weekend? 3. How many overnights is 70 30? And 4. What does a 70/30 schedule look like? For information about timesharing and child custody, call Jacobs Law Firm divorce attorney Orlando, divorce attorney Clermont Florida 407-335-8113.

What Kind of Custody is Every Other Weekend?

Weekend timesharing in Florida child custody cases can mean (with certain exceptions) every weekend, every other weekend, or three-four weekends per month. Weekends can be short from Friday night to Sunday afternoon, or long from Friday afternoon/evening until Monday morning at school drop off time. Parenting plans are generally different for each set of parents. They are entirely customizable and there are no right or wrong parenting plans provided the best interest of the children is at the forefront of the planning.

What Kind of Custody is Every Other Weekend

What kind of custody is every other weekend? Stemming from weekend timesharing in Florida child custody cases, what kind of custody is every other weekend? Custody/timesharing every other weekend amounts to about 26 weekends per year unless there is superseding holiday and summer timesharing. The weekend warrior parent will pick up the kids on a Friday afternoon and drop them off at a mutually agreed location on Sunday at a specified time or Monday morning for school.

Can a father get every weekend in a parenting plan? Absolutely. However, the school/routine timesharing parent generally objects to this arrangement because both parents should be able to have free time and/or vacation time to bond with their children.

How many overnights is 70 30 which is essentially weekend timesharing in Florida child custody cases? 70 30 timesharing amounts to approximately 110 overnights for one parent and 255 overnights for the other timesharing parent. This of course may be affected by holidays and summers and will provide a basis for child support.

Ultimately, when making a Florida parenting plan, consider what is best for your children and your work schedule. What kind of custody is every other weekend? There is no one absolute perfect plan because life happens. Call Jacobs Law Firm, divorce attorney Orlando, divorce attorney Clermont Florida 407-335-8113.

Covid 19 And Child Custody In Florida

Covid 19 And Child Custody In Florida

Covid 19 and child custody in Florida is a hot topic among family lawyers and divorce attorneys. Florida family law cases during Covid 19 generally involve minor children. There are many instances where parents may be exposed to Covid or may be ill with Covid and need to quarantine. This may occur during a parent’s timesharing per the terms of the court-ordered/enforced parenting plan. In other instances, the minor children may contract Covid and there is a risk that one or both parents may become exposed and or sick. Coronavirus/Covid-19 is generally classified as a public health crisis. The virus impacts many domestically and globally. Florida family law cases during Covid 19 therefore have become more complicated legally, psychologically, and by means of co-parenting during times of crisis. Covid 19 and child custody in Florida is a topic litigant may wish to address during their family law case or perhaps after a case has already been decided. These issues may involve health insurance for your minor child. For more information, please contact the Jacobs Law Firm at 407-335-8113.

Covid 19 and child custody in Florida may involve an interruption of timesharing. When one’s time with their child(ren) is canceled it often leads to legal fights and the parties end up in court dueling. While not all subsequent lawsuits are preventable, perhaps responsible parents will consider adding language to their parenting plan (if the case is ongoing or if the case has been finalized). While the nature and specifics of the language one may add during Florida family law cases during Covid 19 is not for us to suggest until or unless we are retained on a case, consider the following issues/dilemmas.

Florida family law cases during Covid 19

Florida family law cases during Covid 19

Florida family law cases during Covid 19 may involve situations where interruptions of timesharing occur. Generally, when this happens under routine circumstances, a parent decides to withhold timesharing temporarily. One can understand how responsible and loving parents would do this and if being denied timesharing, react with great concern about being denied their time. Covid 19 can lead to severe health issues for children and parents. Perhaps because of the potential severity of the virus, parents will include in their parenting plan some language about safeguarding their children, or compensatory visitation. This can lead to mutual love and affection and understanding and it may (even if uncomfortable) help the child(ren) recover under ideal circumstances.

Covid 19 and child custody in Florida is a topic under consideration by family law courts and attorneys alike. There is much yet to be determined and there are many differences in the manner in which we as parents and/or legal professionals approach this issue/topic. Attorney Jacobs may be reached for a consultation by calling 407-335-8113.

This article is not intended to provide any health advice as we are not physicians. It is merely referential.

Ocala Uncontested Divorce Attorney

Ocala Uncontested Divorce Attorney

Ocala Uncontested Divorce Attorney Jonathan Jacobs offers insight into the process of obtaining an uncontested divorce Ocala FL. As your attorney, the Jacobs Law Firm will first have you fill out our client intake sheet, which is conveniently fillable and easy to save. This intake form will provide us with the information required for your filings, pleadings, and give us an overview of the issues involved your case involves. Once we have received your intake form, we will speak with you again by phone to go over reasonable solutions to your equitable distribution (splitting of marital assets and liabilities) issues that need to be resolved for your uncontested divorce Marion County FL to remain amicable. In order for your proceeding to be uncontested, we ask that all of your issues be resolved prior to filing your case to avoid additional litigation. Call 407-335-8113 today to speak with your Ocala Uncontested Divorce Attorney.

Uncontested Divorce Ocala FL

Our next step in you uncontested divorce Ocala FL is to draft your documents as required by the family law circuit court. For example, if your uncontested divorce in Marion County FL involves minor children, there are issues beyond the division of marital assets and liabilities. We will need to consider your everyday routine with the kids. A carefully created parenting plan can provide for some stability and regularity not only for your children, but also for you, the parents. Many of us are fortunate in our careers and are able to structure our work hours around our children. The kids will see both parents (barring some circumstances that make that undesirable) with continuous visitation according to a set schedule that is in the children’s best interest. Ocala Uncontested Divorce Attorney Jonathan Jacobs will guide you in drafting your own parenting plan or produce a more complex and elegant parenting plan for you. The choice is yours as this is intended to be an amicable process. Of course, once the parenting plan is agreed to, and your financial affidavits are ready, we will utilize an attorney software to calculate child support obligations.

Uncontested Divorce Ocala FL

Ocala Uncontested Divorce Attorney

In all of the uncontested divorce Marion County FL cases for which we provide representation, a marital settlement agreement is generally considered to be mandatory. A marital settlement agreement equitably divides marital assets and liabilities. Questions such as: Who will remain in the marital home?, Will your house be partitioned and sold?, How much money will each party receive from marital retirement accounts?, and How will the bank accounts be apportioned among the spouses? must be answered and specified in your agreement. As your Ocala Uncontested Divorce Attorney, we provide guidance during this process and offer insight into the manner in which other divorcing spouses have decided to resolve their issues amicably. Has Covid 19 been an issue or a concern for your family as you are going through your family law case?

uncontested divorce Marion County FL

When you are prepared to move forward with retaining the Jacobs Law Firm to represent you in your uncontested divorce Ocala FL, call us at 407-335-8113. We are happy to offer an introductory free consultation to discuss pricing and the process of obtaining a divorce.

Irretrievable Breakdown Of Marriage Florida

Irretrievable Breakdown Of Marriage Florida

What is irretrievable breakdown of marriage Florida? Florida Statute 61.052(1)(a-b) states that a final judgment for divorce / dissolution of marriage may be granted when there is proven mental incapacity of one of the parties, or when the marriage is “irretrievably broken”. An irretrievably broken marriage in Florida is a marriage where one spouse, or both spouses believe the marriage cannot be saved and should end. This is a broad standard, much like irreconcilable differences, where there isn’t one absolute definition. This nebulous standard leads to a lot of misunderstandings and confusion. Call the Jacobs Law Firm, divorce attorney Orlando, Orlando uncontested divorce attorney, and we will provide you with some guidance with your divorce. Dial 407-335-8113.

What is Irretrievable Breakdown of Marriage Florida?

An irretrievably broken marriage in Florida might mean there is marital infidelity and one spouse is in love with another person. It could mean that financial troubles have cause the marriage to collapse. From a different perspective, perhaps one spouse is an absentee parent and the primary parent demands a greater commitment to mutually raising the children and that renewed commitment is not occurring. Marriages have no guarantees or warrants of success. They require constant teamwork and sensitivity and understanding. Has Covid 19 been an issue or a concern for your family as you are going through your family law case?

In order to satisfy the minimum requirement in a petition for dissolution of marriage in our State, the petitioner must allege that there is an irretrievably broken marriage in Florida. This signals to the family law circuit court judge that the marriage cannot be salvaged and the court should ultimately grant the litigants a divorce.

 irretrievably broken marriage in Florida

Infrequently , out of an abundance of caution, certain family law judges will ask the parties if their marriage can be saved. This may include a mention of marriage counseling. However, this sort of remedy is generally made available when there is a child involved in the divorce action. The Statute provides that:

“(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:

1. Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or [in theory, a mental health professional may be able to circumvent or relieve the stress of the irretrievable breakdown of marriage Florida]

2. Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation; [90 days can feel like the blink of an eye or like a long time for healing] or

3. Take such other action as may be in the best interest of the parties and the minor child of the marriage. [this is another catch-all standard].

If you are involved in an irretrievably broken marriage in Florida, call Attorney Jonathan Jacobs for the help and guidance you need at 407-335-8113.

florida divorce venue

Florida Divorce Venue

Florida divorce venue is a legal concept that requires an in depth analysis. Choosing the proper venue in a contested dissolution of marriage case demands a careful assessment of Florida Statutory and case law. Venue is generally defined as the circuit court where a civil/family case must be heard, or where it may be properly adjudicated. If your case is contested and both sides want to litigate in a different county, how will the court decide where venue is proper? In this article, we will review case law precedent for guidance regarding the Florida Divorce Venue Statute. For answers to your important questions call the Jacobs Law Firm at 407-335-8113.

First, to determine Florida Divorce Venue we look backward to the seminal ruling from the Florida Supreme Court wherein the Court issued a ruling based in part on Florida Statute 47.011, the Florida Divorce Venue Statute. This Statute provides: “Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located.” This Statute applies with certain additions and exceptions based on case law and a plethora of facts. In Carroll v. Carroll, the Court rules: “For purposes of venue in dissolution of marriage proceeding, the “cause of action” arose in county in which spouses were last present with a common intent to remain married, rather than county in which wife assuredly realized that marriage was irretrievably broken when husband came to such county and took away car four days after wife left spouse’s home. West’s F.S.A. § 47.011. 341 So. 2d 771 (Fla. 1977).

florida divorce venue statute

Translation? The county (examples include Orange County, Seminole County, Lake County, Osceola County) where the spouses lived together and intended to remain married (prior to one party moving somewhere else contemplating divorce) is likely the proper county for an action of dissolution. Further strengthening this principle is a more recent case, Smith v. Smith where the Court reasoned (applying the Florida Divorce Venue Statute) that the “Divorce cause of action accrued in Pinellas County for purposes of venue statute where parties last lived together in Pinellas County with intent of remaining married there, and marriage became irretrievably broken in Pinellas County when wife moved out of marital home because husband wanted to get a divorce.” West’s F.S.A. § 47.011. 430 So. 2d 521 (Fla. 2nd DCA 1983)

Florida Divorce Venue Statute

Let’s again return to the wisdom of the Florida Supreme Court in Carroll v. Carroll, for a further analysis of Florida divorce venue, “To protect the beneficial purposes of both the marriage dissolution legislation and the venue statute, we are required to look, not for the county or the scattered counties where the breach may be said to have occurred, but to the single county where the marriage last existed. In that county the intact marriage was last evidenced by a continuing union of partners who intended . . . to remain married, indefinitely if not permanently. 341 So. 2d 771, 772 (Fla. 1977). Of course, the parties did not intend to remain together permanently or there would be no filing for divorce. Naturally, the Court did not want to create forum shopping for the most advantageous divorce circuit court. It serves many purposes to identify one circuit court where an action may be brought with relative certainty it is the correct choice of venue.

Following this logic, “If a petition seeking modification of divorce decree is filed in a county where venue is appropriate, it is improper to transfer the venue to another county merely because venue also would have been proper in the other county…” Amir v. Gannon, 896 So. 2d 793 (Fla. 5th DCA 2005). In other words, years later one former spouse petitions the court for a deviation of child support or alimony. That party is not able to reverse jurisdiction without a proper analysis and factual finding that another county is now more appropriate. After all, a petition can and likely will be dismissed for lack of proper venue.

In a ruling subsequent to Carroll v. Caroll, the Florida Supreme Court colorfully wrote “Venue is not a vehicle that rolls around on wheels nor a vessel that sails the borders of the state. Venue cannot be hauled from county to county like a sack of potatoes upon the theory of ‘where the property in litigation is situated’”…Richard Bertram & Co., 155 So.2d at 412. Goedmakers v. Goedmakers, 520 So. 2d 575, 580 (Fla. 1988)

When you need answers to your questions about Florida Divorce Venue and the Florida Divorce Venue Statute is not enough to formulate a conclusion, call us at 407-335-8113.

modify alimony florida

Modify Alimony Florida

Are you a former husband or former wife seeking to modify alimony Florida? According to Florida case law, the statutory right to modification (Florida Statute § 61.14(1)(a)), unless specifically waived (in writing in a marital settlement agreement or otherwise), is incorporated as a matter of law (automatically) in any agreement or judgment (court order after trial) providing for alimony. Rosenthal v. Rosenthal, 199 So. 3d 541 (Fla. 1st DCA 2016). It is true that parties to a marriage may waive their statutory right to seek modification of alimony provisions in a marital settlement agreement provided the language in the MSA clearly and unambiguously expresses the parties’ desire for a waiver, or in the alternative, if the reading/interpretation of the parties’ agreement or judgment taken in its entirety can lead to a conclusion only of a waiver of said right to alimony. Non modifiable alimony in Florida is more of the exception to the general rule. Call Attorney Jonathan Jacobs of the Jacobs Law Firm to ask about how to modify alimony in Florida. Dial 407-335-8113 today.

Provided the parties may modify alimony in Florida because there is no waiver of modification, when confronted with a party’s request to modify alimony, a court should follow the steps it performed at the outset of the case. This means a court should consider the parties’ income, the payee’s need for alimony, and the payor’s ability to pay. Need and ability to pay are the touchstones of alimony awards and modifications. Dunn v. Dunn, 277 So. 3d 1081 (Fla. 5th DCA 2019).

NON MODIFIABLE ALIMONY FLORIDA

To modify alimony Florida, the moving party must justify the modification of an alimony award by showing: “(1) a substantial change in circumstances, (2) that was not contemplated at the time of the final judgment of dissolution, and (3) that is sufficient, material, involuntary, and permanent in nature.” Florida Statute § 61.14(1)(a). What is a substantial change in circumstances? There are examples in case law, but every case is unique. That may seem vague so consider your own facts. Has your job been eliminated? Is it possible to find substitute employment for similar wages? Does your profession now demand a different educational standard that you do not qualify for and your job has been terminated? There are many unique and unfortunate financial downturns happening because of Covid and electoral politics (hopefully both are temporary).

Not contemplated at the time of the final judgment means thvat if it was reasonably understood or foreseeable that your economic circumstances would change, it may be difficult to modify alimony in Florida. If a spouse knew they would be retiring in two years, agreeing to a high amount of alimony may be a challenging obstacle to overcome. The involuntariness and permanency standard is perhaps the toughest to prove and requires substantial evidence for a good showing of proof. See Golson, 207 So. 3d at 325; see also Gelber v. Brydger, 248 So. 3d 1170, 1173 n.1 & n.2 (Fla. 4th DCA 2018); Dogoda v. Dogoda, 233 So. 3d 484, 488 (Fla. 2d DCA 2017). Befanis v. Befanis, 293 So. 3d 1121, 1123 (Fla. 5th DCA 2020). This all presupposes you have not waived your right with non modifiable alimony Florida.

Non Modifiable Alimony Florida

Jonathan Jacobs is a divorce attorney Orlando and a divorce attorney Clermont FL dedicated to assisting his clients with their divorce and family law litigation. Call us for a consultation when you need to modify alimony Florida.

Divorce Process in Florida

Divorce Process in Florida

Florida is a no fault divorce state. This means that the petitioning party (person who files for dissolution of marriage) does not need to prove the marriage is broken (irreconcilable differences). This policy makes the divorce process in Florida relatively clear. The Florida divorce process involves some initial steps that we can outline for you in general terms. Jonathan Jacobs is a divorce attorney in Orlando and a divorce attorney in Clermont Florida with knowledge of the steps in a divorce in Florida. Jacobs Law Firm may be reached for a free family law consultation at 407-335-8113.

Steps in a Divorce in Florida

The steps in a divorce in Florida first involve deciding whether divorce is appropriate for you, your spouse, and your children (if any). Once you have decided to obtain a dissolution of marriage, the initial divorce process in Florida involves retaining a divorce attorney capable of litigating your case. Your lawyer will help you organize your personal and financial information, evidence, and potential exhibits in order to streamline the process of dissolving your marriage. The timeline for divorce in Florida (generally speaking) may take as few as 21 days if uncontested or if the Respondent is defaulted, or many months if the case is highly litigated.

Steps in a divorce in florida

Once our office has collected your essential information, we will schedule a longer consultation with you to explain the Florida divorce process and attempt to match the facts of your case with Florida marital law. Our consultation is designed to inform you about the process, and to help you understand the role the court may play in your divorce.

Florida Divorce Process

Technically, the divorce process in Florida officially begins when a petitioner files his/her divorce pleadings and related documents with the appropriate family law circuit court. The initial pleadings and related documents may include the Petition for Dissolution, Notice of Social Security Numbers, Uniform Child Custody Jurisdiction and Enforcement Act, Financial Affidavit, a Civil Cover Sheet (automatically generated in most cases), Notice of Related Cases, and a Notice of Confidential Filing Within Court File. This is not an all-inclusive or exclusive list of what must be filed, or what you may require, but it is generally helpful to make a list of the documents you require for your case to move forward in a timely manner. Organization is vital to the dissolution process.

When you are ready to speak with a family law attorney about your contested or uncontested divorce, call us for a free phone consultation. 407-335-8113.