Experienced Tampa Bay Attorneys & Counselors at Law, Main Office:
6314 U.S. Highway 301 South, Riverview (Near the intersection of I-75, Selmon and Highway 301) and satellite office located in South Tampa (Hyde Park) as well as satellite offices in Apollo Beach, Carrollwood and Clearwater. Telephone: 813-672-1900 Email: email@example.com Website: www.FamilyMaritalLaw.com
Since 1997 we are experienced and knowledgeable Tampa attorneys practicing exclusively in Divorce, Family, Stepparent/Relative Adoption, Consumer/Personal Bankruptcy & Mediation. We practice primarily in Tampa, Riverview, Brandon, Valrico, Lithia, Carrollwood, North Tampa, Plant City and all of Hillsborough County,Polk, and Pinellas Counties.
Our lawyers have experience practicing in contested and uncontested divorces, including military divorces, and family law, child support, child custody and visitation, relocation of children, alimony, domestic violence, distribution of assets and debts, retirement/pensions (military and private), enforcement and modification of final judgments, paternity actions, adoptions and name changes.
We offer a free consultation and we are happy to discuss your case. Call or email to schedule a consult. Our representation of our clients reflects our dedication to them.
Divorce Essentials – Top Five Things You Need to Know
As the new year begins, many people are returning to their usual routines. Some, though, are looking to start the year with a divorce. And, in reality, the divorce process can take several months or longer if there are complications. As such, those choosing to divorce in Tampa should understand the following information to ensure they are prepared for what lies in their future.
Florida Divorce Requirements
To file for divorce in Florida at least one party must have been a resident for at least the past six months. A member of the armed forces qualifies as a resident if that person has been stationed in Florida for six months. Also, if Florida is their state of residence with the military, than that person may also file for divorce in Florida in the county where the parties last lived together.
The fastest and easiest way to dissolve a marriage is through signed marital settlement agreement between the parties regarding the divorce and related issues. If the parties sign an agreement then it becomes an uncontested divorce and the petitioner will attend an uncontested final hearing. Florida, as in other states, allows couples to divorce based on the marriage being “irretrievably broken”. Even if the couple is not in agreement about the divorce or when there are minor children involved, the courts very rarely require the couple to seek counseling prior to moving forward with the process. Essentially, one party just has to allege the marriage is irretrievably broken and he or she does not have to prove it.
Petition for Dissolution of Marriage
Once a couple decides to divorce, one spouse must file the necessary papers. The petition for dissolution of marriage must be filed with the Florida family courts, a division of the circuit court system. The divorce papers are then served to the other spouse, who must respond within an allotted time period. As long as the couple is in agreement about the division of assets, allocation of debts, and issues regarding the children, the divorce may be able to proceed without a trial. If a trial is necessary, the courts will set a date and time and both parties and their attorneys must attend.
Division of Assets
Couples need to hash out the various settlement terms of the divorce. They need to resolve the financial issues including the division of assets. In Florida, property and other assets that the couple has accumulated during the marriage are considered marital property. Marital property belongs equally to both parties and must therefore be distributed equitably to each spouse. An experienced divorce attorney is invaluable in helping you work through the negotiations of these difficult decisions.
Custody and Visitation
Florida requires divorcing parents to create a parenting plan. The parenting plan becomes part of the divorce terms. The plan should be as complete as possible. This will not only build a good routine for the family, but it also offers a way to prevent disputes from occurring in the future. A parenting plan will outline where the children will reside as well as visitation for the non-custodial parent. Both parents may choose a shared parenting plan so they can both make important decisions regarding their children’s education, religion, medical treatments, and other issues.
Help for a Divorce
Divorce is never easy, but it can be made less stressful with help from a qualified divorce attorney. Your lawyer will review your situation and work to ensure that your needs are met and your rights are protected. Choose an attorney with the experience and background to handle your divorce and guide you through the process. When you have made the difficult choice to divorce, contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.
After deciding to divorce from your spouse, you must begin the divorce process. To some, going through a divorce seems difficult at first, since it is unfamiliar territory and appears to be complex legal process. However, there are certain things you can do to make the process faster, easier, and less stressful for everyone involved, and that you should consider before separating.
Get Your Finances in Order
When you are going to seek a divorce you will need to access all of your financial information including checking and savings bank statements, retirement and pension accounts, money markets, credit card statements, loans, and mortgages. You may also need to get your home appraised so you can make important decisions about whether to keep or sell your house.
Keep Communications Open
It is helpful to keep the lines of communication open between you and your spouse. While there is probably some tension, it is always a good idea to try to remain on good terms whenever possible. This will certainly help keep the process moving along and ensure a smooth resolution to settlement terms. Do not make any agreements until you first speak with your divorce attorney.
If you have children, you will need to remain focused on maintaining the same routines to keep things easier for them. Children thrive on daily schedules. Try to get their routines back to normal as quickly as possible. Introduce a visitation plan that can be implemented during this interim period. Avoid discussing divorce topics in front of the kids. Instead, set up a time to speak on the phone when the children are not present.
One of the functions you will need to accomplish during the divorce process is to come to an agreement as to the disbursement of assets as well as debts. A good way to begin the process is to make a list of your important assets. Then, you can begin to consider the best way to divvy them up. Keep in mind that in Florida marital property is to be divided equitably between both parties.
Don’t Sweat the Small Stuff
You have a lot to worry about during this difficult time and your emotions may be running high. Try to relax and remember that most of the small details of the divorce are going to work themselves out. You can count on guidance from your attorney who will act on your behalf and will always keep your best interests in mind. This may be your first divorce, but a qualified divorce attorney works to resolve these issues every day for their clients.
Focus on the Children
Parents who are divorcing have a whole host of issues that must be considered. These include where the children will reside, whether you will share parenting responsibilities, and how visitation will work. Florida requires a parenting plan, which details all of the specifics of child rearing for divorced couples. Begin to review these decisions so that you can more easily address them as part of the divorce process.
Seek Legal Help ASAP
Both you and your spouse may need to hire attorneys for your divorce. The best results will come from quickly consulting with an experienced attorney who specializes in divorce. Your lawyer will review your situation and provide you with answers to your questions. The compassionate attorneys at All Family Law Group, P.A. are here to help you through the process. Contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.
Going through a divorce can be stressful, and will likely be especially traumatic when the divorce process takes a long time. A divorce can be easier and less upsetting for everyone involved if the situation can be resolved quickly. Typically, a faster divorce marks a more harmonious uncoupling, which can be beneficial for the entire family. Transitioning to a new way of life means that adjustments must be made by everyone. A prolonged divorce can drag on, making the family hang in limbo for a much longer period of time than is healthy. Fortunately, there do exist some tips for avoiding a lengthy divorce, which you may wish to follow if you are separating from your spouse in Florida.
Divorce Settlement Terms
In Florida, as in other states, the family courts prefer that couples work through the major terms of settlement in a divorce. These may include issues such as division of assets, distribution of debts, child custody and visitation, and alimony. Generally, property and other assets that have been accumulated during the marriage are considered marital property and must be divided equitably. This can get difficult when couples are in discord. However, a reasonable settlement can be achieved and will be resolved before the divorce is granted, and if not, then the judge will decide your fate. To ensure that the divorce doesn’t stall you will need to have some flexibility while making certain that you get your fair share.
An uncontested divorce is one of the best ways to instill harmony in a divorce. When both people agree to the basic settlement of the divorce the situation can proceed much faster and easier. Keep in mind that the end result is to achieve a divorce where both people come away with about the same net value in assets when all is said and done. This may mean that some compromise is necessary. It may be a good idea to make a list of the important or valuable assets and establish an approximate dollar assessment. Let your attorney know the items or property that you want to be sure to keep as well as those that are less important to you. This will help to make negotiations simpler.
It is also important to note than an uncontested divorce is not possible for all spouses; as such, you may wish to consult with your Tampa divorce attorney to discover whether or not an uncontested divorce is a possibility in your case.
Resolution of Disagreements
When disputes arise they can cause even a simple divorce to stall. It is essential to identify the points of dispute so that they can be quickly dealt with and resolved. The longer a problem is left to fester, the more difficult the issue will become, which can spill into all aspects of the divorce. A skilled divorce attorney is often your best option when problems occur. Your lawyer knows how to negotiate on your behalf to achieve the best possible results. When a resolution is not forthcoming it may be necessary to seek mediation.
Choose an Experienced Divorce Attorney
When you want to be sure that the divorce process is as fast and easy as possible, choose an attorney with expertise in handling divorces. Divorce requires not only knowledge of the laws and legal system governing divorce, but also negotiation and litigation skills that are essential in difficult situations. A good divorce attorney can diffuse a potentially volatile condition before it gets out of hand or threatens to make the divorce acrimonious. Count on the compassionate Tampa divorce attorneys at All Family Law Group, P.A. to help make your divorce as easy and stress free as possible.
Parenting brings many pleasures as well as responsibilities. When parents are married to each other when the child is born, paternity is not typically an issue. However, when a baby is born to unmarried parents, paternity is not definite until it is established legally. If both parents agree, they can sign a form called a voluntary acknowledgment of paternity. This form, once properly completed and notarized, must be submitted to the court. If parents are not able to agree as to this solution, either parent may take the matter to court to establish paternity.
The mother, alleged father, a legal representative, or the Florida Department of Child Support Services may start the legal process of establishing paternity. The process begins by filling out and filing a petition to determine paternity. When a case is started the court will order DNA testing for the mother, father, and child. In a situation where the child is not yet born, the case can be started but cannot be completed until after the birth. Once paternity is established the court may also make decisions regarding other issues such as custody, child support, visitation, and health insurance.
Paternity Rights and Responsibilities
Both parents have the right to spend time with their children, unless there is some situation preventing it. In addition to spending time with the children, parents are able to make important decisions regarding such things as medical care, education, and religion. Additionally, both parents must provide for their children. Under Florida law, when a paternity case is settled in court the judge has the ability decide issues related to custody and visitation. If these are not part of the order the mother has full legal custody of the child. For this reason it is important for fathers to take part in these proceedings and gain visitation and the ability to make decisions for the child.
Child Support and Timesharing
Once paternity is established it comes with obligations by both the mother and father. Child support and timesharing are two separate issues that must be resolved either by the agreement of the parties or by order of the court. A Parenting Plan must be filed in all cases involving children. Furthermore, it is important to initially set up a timesharing arrangement that allows both parents time to spend with the child, as modification of a timesharing schedule may be difficult once a final judgment is entered.
With today’s technology, paternity can be more easily established and is less likely to be wrong. Sometimes, fatherhood may be disputed. When this occurs it is usually necessary to seek guidance from a qualified paternity attorney. The court requires DNA testing be done according to strict standards and if not properly followed, the case could become lengthy and expensive. If you are not certain that you are the father of a child it is best to find out as soon as possible. You will be required to respond and provide proof in court, if the mother disputes that you are the father. These issues can be complex and emotional so they are best handled quickly and as early in the life as possible.
If you need to establish paternity or defend claims of paternity it is helpful to seek guidance from a qualified attorney. Contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.