Lakeland Divorce Lawyer
What is Divorce in Florida?
In Florida, a divorce is legally termed as the "dissolution of marriage,” and the process begins with one spouse filing a petition for divorce in the circuit court. This petition states that the marriage is "irretrievably broken" or that one spouse has been mentally incapacitated for at least three years. Once the petition is filed, the other spouse must be served with divorce papers and given the opportunity to respond. During this initial phase, temporary orders may be issued by the court to address immediate issues such as child custody, child support, spousal support, and exclusive use of the marital home.
Following the filing and serving of divorce papers, both parties engage in a discovery process, where they exchange financial documents and other relevant information. This phase is crucial in determining equitable distribution of assets and debts, alimony, and any other financial matters. If children are involved, a parenting plan must be filed with the court to establish child custody and visitation arrangements. Mediation is often encouraged or required in Florida, offering the parties a chance to resolve disputes amicably before proceeding to trial.
If the parties cannot reach an agreement through mediation, the case will proceed to a trial where a judge will make determinations on contested issues. The judge will consider evidence presented by both parties and make decisions on the division of assets, alimony, child support, and custody arrangements according to Florida's equitable distribution and best interests of the child standards. Once the judge issues a final judgment, the divorce is legally finalized. The entire process can vary in duration, typically depending on the complexity of the issues and the level of cooperation between the parties.
What is Equitable Distribution in Florida?
Equitable distribution in Florida divorce cases refers to the fair division of marital assets and debts between spouses. Unlike community property states where assets are split 50/50, Florida follows the principle of equitable distribution, which means that the division is based on fairness and may not necessarily be equal. The court considers multiple factors to determine what is equitable, including the length of the marriage, the economic circumstances of each spouse, contributions to the marriage (including homemaking and child care), and any misconduct that may have affected the economic situation of the couple. The goal is to reach a fair distribution that reflects each party's contribution to the marriage and their future financial needs. It is important to note that only marital property is subject to equitable distribution, while each spouse typically retains their separate property acquired before the marriage or by gift or inheritance.
What is Marital versus Non-Marital Property?
In a Florida divorce, distinguishing between marital and non-marital property is crucial for equitable distribution. Marital property includes assets and debts acquired during the marriage by either spouse, regardless of whose name is on the title. This typically encompasses income, properties, retirement accounts, and any asset purchased with joint funds. On the other hand, non-marital property refers to assets acquired by a spouse before the marriage or individually through inheritance or gifts from third parties during the marriage. Non-marital property remains with the original owner unless it has been commingled with marital assets in a way that it loses its separate identity. Understanding the distinction between these two types of property is vital, as only marital property is subject to division in a Florida divorce, while non-marital property is usually retained by the owner. Determinations between marital and non-marital property can be tricky, and there are various types of property, such as certain real property and retirement funds, that may need to be assessed by financial professionals to determine marital versus non-marital portions of each. It is important to consult with a legal professional to determine your rights and what to expect in your Florida divorce proceeding.
How is Equitable Distribution Different from Community Property?
Equitable distribution and community property are two different legal principles used in the division of marital assets during divorce proceedings. In equitable distribution, which is the system used in Florida, the division of assets and debts is based on fairness rather than an equal 50/50 split. The court considers various factors such as the length of the marriage, the economic circumstances of each spouse, and contributions to the marriage, among others, to ensure a fair outcome. This means that one spouse may receive more than the other if deemed fair by the court. In contrast, community property states operate under the principle that all assets and debts acquired during the marriage are jointly owned and should be equally divided between the spouses, resulting in a straightforward 50/50 split. Community property does not take into account individual contributions or needs, focusing instead on a clear equal division of marital property.
What is Alimony?
In Florida, alimony, also known as spousal support, is a financial arrangement awarded by the court to a dependent spouse following a divorce. The purpose of alimony is to provide financial assistance to the spouse who may have a lower earning capacity or who may have sacrificed their own career advancement for the family. The court considers several factors when determining the need for alimony, including the duration of the marriage, the standard of living established during the marriage, and the financial resources and earning capacity of both spouses.
Florida law recognizes several types of alimony, each serving different needs and circumstances. Temporary alimony is awarded to provide support during the divorce proceedings, while bridge-the-gap alimony helps the receiving spouse transition from married life to single life. Rehabilitative alimony is designed to support the recipient while they gain education or training to become self-sufficient. Durational alimony provides financial support for a set period, based on the length of the marriage. The potential amount and duration of alimony to be paid will depend on several factors and the type of alimony that may be ordered by the court.
When deciding the amount and type of alimony in a Florida divorce case, the court exercises considerable discretion. It evaluates the needs of the recipient spouse and the ability of the paying spouse to meet these needs while still maintaining their own financial stability. The court also considers any other relevant factors that may affect the financial situation of the parties involved, such as the age, health, and earning potential of each spouse. Modifications to alimony can be requested if there is a significant change in circumstances, such as a change in employment status or the remarriage of the recipient, making it a dynamic and adaptable aspect of divorce settlements in Florida.
For further information relating to alimony issues, click here.
What are Child Custody Issues in Divorce?
In Florida, child custody during divorce proceedings is determined based on the best interests of the child, as the state prioritizes the well-being and stability of children above all else. Florida law uses the term "parental responsibility" instead of "custody," and the courts generally encourage shared parental responsibility unless it is deemed detrimental to the child. This means that both parents are encouraged to participate equally in major decisions regarding the child's life, such as education, healthcare, and religious upbringing. However, time-sharing schedules, which outline when each parent will spend time with the child, are determined according to the specific circumstances of each case. While Florida Law creates a presumption that each parent has equal time with the children, the presumption may be refuted based on several factors. Factors considered include each parent’s ability to provide a stable environment, moral fitness, and the child's preference if they are of sufficient age and maturity. Ultimately, the court aims to ensure that the child maintains a strong, healthy relationship with both parents post-divorce.
For further information relating to child custody issues in court, click here.
What is Mediation in a Divorce Proceeding?
Mediation in a Florida divorce proceeding is an alternative dispute resolution process that provides divorcing couples an opportunity to resolve their differences outside of a courtroom setting. Often encouraged or mandated by courts, mediation involves a neutral third-party mediator who facilitates communication between the spouses to help them reach mutual agreements on various aspects of their divorce, such as property division, alimony, child custody, and support. The mediator does not make decisions for the parties but rather assists them in understanding each other's perspectives and exploring potential solutions. Mediation aims to reduce the emotional and financial costs of divorce litigation by fostering a collaborative environment, allowing couples to retain control over the outcomes and create tailored agreements that best suit their family's needs. If successful, mediation can lead to a more amicable dissolution of marriage and a quicker resolution of disputes, while preserving a cooperative relationship between the parties, which can be particularly beneficial when children are involved. If mediation fails to result in an agreement, the parties may proceed to trial, where a judge will make the final determinations on contested issues.
Will I need to Hire Experts in Addition to a Lawyer for my Divorce?
During a divorce in Florida, clients may hire several types of experts to assist in the process and ensure that all aspects of their case are addressed with the necessary expertise. A financial expert or forensic accountant is often brought on board to help in the identification and valuation of marital assets and liabilities. This is especially crucial in high-asset divorces where complex financial portfolios are involved. These experts meticulously review financial documents to uncover hidden assets and evaluate the true worth of properties, businesses, and investments. Their insights can prove invaluable in ensuring a fair and equitable distribution of assets, especially when one party might have attempted to conceal or undervalue assets.
Another key expert that might be involved is a child psychologist or custody evaluator, particularly in cases where child custody is disputed. The role of these professionals is to assess the family dynamics and provide recommendations in the child's best interests for custody arrangements. They conduct interviews and observations of both the parents and the children, aiming to understand the needs and preferences of the child. A well-informed evaluation can significantly influence court decisions regarding custody and visitation rights. Additionally, vocational experts may be hired to assess a spouse’s earning potential, which can impact alimony awards. These experts evaluate the skills, work experience, and job opportunities available to a spouse who has been out of the workforce or is underemployed. By hiring these experts, clients can ensure a comprehensive and informed approach to their divorce proceedings, which can lead to more equitable outcomes in terms of financial settlements and custody arrangements.
These experts provide specialized knowledge and impartial assessments that supplement the legal advice provided by divorce attorneys, helping to navigate the complexities that often accompany legal separations. Their involvement is often critical in contested cases where parties cannot agree on asset valuations, support obligations, or custody matters, offering an objective analysis that supports negotiations or court decisions.
How Expensive is Divorce?
How expensive a divorce will be will depend on several circumstances. If there are no children and very few issues relating to property and alimony, the costs in obtaining a divorce may be much less compared to a scenario where there are numerous issues that will be contested. Additionally, the more cooperative the parties are in reaching an early agreement about the resolution of property, alimony, and custody issues that may be involved, will significantly reduce the expense in many situations.
On the other hand, cases with significant assets in dispute, or significant child custody concerns, may cost much more to litigate, particularly if the case will involve the extensive use of experts and ultimately be presented to the court at trial. Every individual’s situation is different, so it is important to address your situation with a legal professional to determine your rights, potential legal liabilities, and what to expect during the divorce process.
