Understanding When You Can and Cannot Modify Alimony In Florida

 In Tampa, as throughout the rest of Florida, there is no guarantee that a judge will award alimony during the divorce process. When it is awarded, a judge will take many factors into consideration. The main factors considered are the requesting spouse’s need for alimony, and the other party’s ability to pay it.

Like with other terms of any divorce though, alimony orders are final and legally binding, but they can also be modified, or changed. Modifying alimony can be complex and can only be done under certain circumstances. Below, one of our Tampa alimony and divorce attorneys explain more.

When Can You Modify Alimony in Tampa?

When there are changes to the two main factors considered when awarding alimony, either party can petition the court to modify the original order. If the party paying alimony experiences a substantial change in their income, they or their former spouse can petition the court to modify the order. For example, if the party paying support received a promotion and they earned significantly more than they did during the time of divorce, the other side may argue that they can now afford to pay more in support.

On the other hand, if the party receiving alimony experienced a significant change in their finances, they may petition the court to modify the original order. For example, if the recipient lost their job, they may ask the court to increase alimony payments, at least temporarily, until they can earn a higher income.

When Can You Not Modify Alimony in Tampa?

Although it is often possible to modify alimony payments in certain cases, there are always exceptions to the law. Spousal support orders are no different. There are times when it is not possible to modify alimony orders. These are as follows:

• The original divorce decree did not award alimony: If alimony was not awarded during original divorce proceedings, neither party can go to the court and request that it is ordered in the future.
• The original alimony order was non-modifiable: There are times when the couple will agree that alimony cannot be modified in the future, or a judge may include this provision in the final support order. If the original alimony order included a non-modifiable provision, it is not possible to change it in the future.
• The party requesting a change cannot prove their case: If you cannot prove that your former spouse can afford to pay more alimony, or that you require additional support, your petition to modify the order will likely be denied.

Our Alimony and Divorce Attorneys in Tampa Can Help with Your Modification

In some cases, it is possible to modify original divorce orders. However, obtaining the result you hope for is not always easy. At All Family Law Group, P.A., our Tampa alimony and divorce attorneys can help you through the process so you obtain the best outcome possible. Call our family law lawyers today at 813-672-1900 or contact us online to schedule a free consultation and to learn more about your legal options.  Se habla Español.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

When are Couples in Florida Most Likely to Get Divorced?

The ‘seven-year-itch’ has been around for decades and it seems as though it is still very prevalent today. Throughout the country, the average length of a marriage is 8.2 years, which may mean that people start considering divorce at around the seven-year mark. Many marriages do not even make it that long. Infidelity is most likely to occur within the first two years of marriage, which is one reason ten percent of marriages end in divorce during that time. That is the highest rate of divorce for all couples.

Gray Divorces are Becoming More Common

While many couples may divorce when their marriage is still relatively new, others wait much longer before ending their marriage. Gray divorces, or those that occur when couples are over the age of 50, are becoming more common. In fact, gray divorces have doubled since the 1990s, and the rate of couples over the age of 65 getting a divorce has tripled in that same amount of time.

The trend of gray divorces is on the rise for many reasons. One of these is because people are waiting to get married later in life and so, they get divorced later in life, as well. People are also living longer and so, they are more eager to get out of an unhappy marriage because they still have a lot of life to live. Couples that are in their 50s and 60s are also more likely to have been married before, and second and third marriages are much more likely to end in divorce than first marriages.

Our Family Lawyers in Florida Can Help with Divorce at Any Age

Regardless of when you are considering divorce, you should enlist the help of a Tampa divorce lawyer Tampa Divorce Attorneys that can help with your case. At All Family Law Group, P.A., our experienced attorneys can assist you with the divorce process and help you secure the fair settlement you deserve. Call us today at (813) 672-1900 or fill out our online form to schedule a free consultation with one of our knowledgeable attorneys. Se habla Español.

Resource:

theapopkavoice.com/why-is-the-divorce-rate-in-florida-so-high/

How Can A Lawyer Help when Divorcing a Difficult Spouse?

Divorce is difficult enough when the two spouses try to work together to come to the best possible terms. However, when one spouse is extremely difficult to work with, the entire process becomes even more challenging. When your spouse refuses to work with you, it is easy to think that the divorce will inevitably take a long time and cost you more money than necessary.

Fortunately, this is not true, but it will become even more important that you work with a divorce lawyer. An attorney will know how to deal with the issues that are more likely to arise when you are divorcing a difficult spouse.

Dealing with an Unpredictable Spouse

It is impossible to predict what will happen in a divorce case, but an unpredictable spouse can make it even more so. If a spouse is dealing with a mental illness or substance abuse problems, they may not show up at mediation sessions or important court hearings. A lawyer will advise on whether certain options such as mediation are right for you, or whether you need to go to court and let a judge decide how to deal with an unpredictable spouse.

Dealing with a Spiteful Spouse

It is not uncommon for a spouse to go through the divorce process feeling spiteful. Your spouse may blame you for the divorce and anything else that is going wrong in their life, and they may try to make the process as difficult as possible. A lawyer will know how to overcome these obstacles. For example, if your spouse is so spiteful that they stalk you or harass you, a lawyer will know how to obtain an injunction, or a restraining order, so the behavior does not impact your life on the same level.

Dealing with Parental Alienation

Parental alienation is one of the most hurtful things that can happen during and after divorce proceedings. When one spouse alienates a child from their other parent, they may tell them things that are untrue or take other actions to turn the child against the other parent.

The courts take parental alienation very seriously and a lawyer will know this. If your spouse tries to alienate your child from you, a lawyer will raise this issue in court and it may even work in your favor. For example, a judge may award your spouse less parenting time, and you more, when they have tried to alienate your child from you.

Dealing with a Deceptive Spouse

Spouses often try to hide assets and other information to gain a favorable outcome in court. When they do, a lawyer will know the tactics to use to uncover the information so the process is fair for both of you. For example, if your spouse hides assets, a lawyer can reach out to a forensic accountant that will uncover the assets so you receive your fair share.

Our Florida Divorce Lawyers are Here to Help with Your Case

Regardless of whether your spouse is going to cooperate during the divorce process or not, our Tampa divorce lawyers at All Family Law Group, P.A. can help. We know the tactics difficult spouses use to delay the process, and we also know how to overcome them so you can move forward in your new life as quickly as possible. Call us today at 813-672-1900 or contact us online to schedule a free consultation. Se habla Español.

Tampa Contested Divorce Lawyers Since 1997

 

Tampa Divorce lawyers Since 1997

It is the hope and goal of all of us here at All Family Law Group that the parties will be able to resolve their differences amicably through an agreement and an uncontested final hearing.

However, if the parties cannot settle the issues in their case, it will be heard by a family law judge who will decide the issues for them.

In Hillsborough County, after the initial steps of the divorce process have been completed and the parties have attended a mandatory mediation, a final hearing in the case may be scheduled.

A temporary relief hearing may be necessary if the final hearing or trial is scheduled several months down the road and immediate relief is necessary.

For More Information and a Free Consultation Call (813) 672-1900

or visit us online at www.FamilyMaritalLaw.com

What Things You Must Do Before You File for Divorce?

Filing for divorce is much more than simply filing a complaint with the court. Before filing for divorce, it is important that the spouse filing takes certain steps before the courts are even made aware of the divorce. The six steps below will ensure that a divorce proceeds as smoothly as possible, and that the terms you receive are most favorable to you.

Decide if You Want to Get Divorced

Although this may sound obvious, some people think that they want to file for divorce when really they are just angry at their spouse. Eventually cooler heads prevail and the spouse that filed may not want to proceed. However, in Florida only one spouse needs to want a divorce and by that time, that spouse may determine that they do want to get a divorce. To save yourself headache and heartache, make sure you and your spouse really will not reconcile before filing for divorce.

Collect All Financial Documents

After deciding that you want to go ahead with the divorce, you should gather all of the financial documents that pertain to your marriage. These can include your banking records, phone records, mortgages, and lease agreements for vehicles. Once you file for divorce these documents are sometimes more difficult to obtain, so it is best to gather these before filing.

Consider Your Custody Goals

Child custody is one of the most contentious issues in divorce because each parent wants to continue having a fair amount of time with their child. Still, it is important to determine what your goals are. Except for in extreme circumstances, a judge will likely award each parent time with the child. When considering what your own goals are, remain realistic to avoid disappointment, and to present a fair case to the judge.

Make Necessary Sales or Purchases

As soon as your divorce proceedings start, a judge will issue an order barring you and your spouse from purchasing or selling any of your assets. This is so that property can be fairly divided. If you have wanted to upgrade your vehicle for a while, or you want to sell a rental property, it is best to do it before you even file for divorce so a judge does not view the purchase or sale negatively.

Determine Where You Will Live

You may not want to remain in the marital home with your spouse after you have filed for divorce. However, moving out may also mean you risk losing the home as part of the divorce proceedings. Determine where you want to live after the divorce, and remain living there during the divorce process.

Speak to a Florida Divorce Lawyer

Even in the most amicable of situations, you should never try to go through the process without the help of a Tampa divorce lawyer. At All Family Law Group, we can advise you on your legal options during your divorce, and help you throughout the entire process. We will handle all the paperwork, and work hard to get you the fair settlement you deserve. Call us today at (813) 672-1900 to schedule your free consultation to meet with one of our attorneys.

Se habla espanol.

Financing available.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

https://www.familymaritallaw.com/how-much-does-divorce-cost-in-florida/

 

 

Will the Coronavirus Cause an Increase in Divorce in the U.S.?

The coronavirus has caused devastation throughout the entire world. Countries are closing their borders as people become sick and the most vulnerable members of society pass away from the disease. Meanwhile, just about every country’s economy has taken a huge hit, and people are staying home and refraining from social situations, such as going to the movies or going out to eat.

Now though, there is news that the coronavirus is having another effect, at least in China. The virus has also caused an increase in divorces. After looking at the reasons for this, it is natural for many to wonder if the same phenomenon will happen in the United States. To understand the answer to this question, couples must first understand the link between the sickness and divorce.

Social Distancing

With the coronavirus came the term ‘social distancing,’ even though many people had never heard the term before. Of course, this refers to withdrawing from social situations and trying to keep a distance from nearly anyone a person may see throughout the day. Although social distancing may help keep people healthy, though, it has an unintended consequence.

When people have to distance themselves from others, they spend more time at home and so, spouses are together much more and spend more time together than they typically do. As spouses start to wear on the other’s nerves due to all of this togetherness, it may get to the point where it leads to divorce.

Money Shortages

It is common knowledge that one of the main reasons couples fight regularly and decide to divorce is because of money problems in the marriage. When people cannot work because their children have to stay home from school, or they are sick, or they are simply trying to social distance themselves, they often no longer earn an income.  This leads to less money in the household, and increased tension. This could be another cause for the spike in divorces in China after the coronavirus outbreak.

Feelings of Anxiety and Depression

It is true that there is nothing good about the coronavirus. With so much sickness and death occurring throughout the world, and being so isolated from other people, it is natural that during this time, people would have heightened feelings of anxiety and depression. These feelings can also spill over into a marriage and make it more difficult not only for people to cope on their own, but also to cope as a couple. That could be another reason there have been more divorces in China after the coronavirus outbreak.

Our Florida Divorce Lawyers are Here for You

Whether divorces will increase in the United States once the virus outbreak settles down is something that is yet to be seen. However, if you are thinking about divorce for any reason, our Tampa divorce lawyers at All Family Law Group, P.A. are here to help. We will guide you through the difficult process, look out for your best interests, and work hard to get you the fair settlement you deserve. Call us today at (813) 672-1900 or contact us online to arrange a free consultation with one of our knowledgeable attorneys.

Se habla español.

Financing available.

https://www.familymaritallaw.com/six-things-you-must-do-before-you-file-for-divorce/

 

 

 

What Things You Must Do Before You File for Divorce?

Filing for divorce is much more than simply filing a complaint with the court. Before filing for divorce, it is important that the spouse filing takes certain steps before the courts are even made aware of the divorce. The six steps below will ensure that a divorce proceeds as smoothly as possible, and that the terms you receive are most favorable to you.

Decide if You Want to Get Divorced
Although this may sound obvious, some people think that they want to file for divorce when really they are just angry at their spouse. Eventually cooler heads prevail and the spouse that filed may not want to proceed. However, in Florida only one spouse needs to want a divorce and by that time, that spouse may determine that they do want to get a divorce. To save yourself headache and heartache, make sure you and your spouse really will not reconcile before filing for divorce.

Collect All Financial Documents
After deciding that you want to go ahead with the divorce, you should gather all of the financial documents that pertain to your marriage. These can include your banking records, phone records, mortgages, and lease agreements for vehicles. Once you file for divorce these documents are sometimes more difficult to obtain, so it is best to gather these before filing.

Consider Your Custody Goals
Child custody is one of the most contentious issues in divorce because each parent wants to continue having a fair amount of time with their child. Still, it is important to determine what your goals are. Except for in extreme circumstances, a judge will likely award each parent time with the child. When considering what your own goals are, remain realistic to avoid disappointment, and to present a fair case to the judge.

Make Necessary Sales or Purchases
As soon as your divorce proceedings start, a judge will issue an order barring you and your spouse from purchasing or selling any of your assets. This is so that property can be fairly divided. If you have wanted to upgrade your vehicle for a while, or you want to sell a rental property, it is best to do it before you even file for divorce so a judge does not view the purchase or sale negatively.

Determine Where You Will Live
You may not want to remain in the marital home with your spouse after you have filed for divorce. However, moving out may also mean you risk losing the home as part of the divorce proceedings. Determine where you want to live after the divorce, and remain living there during the divorce process.

Speak to a Florida Divorce Lawyer
Even in the most amicable of situations, you should never try to go through the process without the help of a Tampa divorce lawyer. At All Family Law Group, we can advise you on your legal options during your divorce, and help you throughout the entire process. We will handle all the paperwork, and work hard to get you the fair settlement you deserve. Call us today at (813) 672-1900 to schedule your free consultation to meet with one of our attorneys. Financing available. Se habla espanol.

Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

Is it Okay to Spy on Your Spouse When Going Through Divorce?

When spouses are getting a divorce, there are a number of things they might do that they never imagined doing while they were married. One of these is spying on the other spouse. It may seem crazy, but it happens more than one would think. If you are considering divorce, or are in the middle of one, you might even be thinking about spying on your spouse, too. So, will this hurt your divorce settlement? Is there ever a time when spying on your spouse during divorce is considered okay?

The answer is that yes, there is. Before you start trying to guess online passwords and lurking around corners though, it is important to determine why you want to spy on your spouse. This will offer a lot of input as to whether or not you should be engaging in the practice.

When It Is Okay to Spy

The only time it is okay to spy during your Florida divorce is if it will help your case. For example, if you think your spouse is hiding assets because they do not want them divided under Florida’s equitable division laws, then gaining access into their separate bank account, acquired during the marriage, might be okay.

Additionally, if you think your spouse is having an affair, it might be okay to snoop on them as well, but only under certain conditions. For example, if you believe that your spouse used marital funds or that your income contributed to the affair it is important that you are aware of that. It may help you get more in the settlement in terms of property division or spousal maintenance.

Although in these instances, it may be considered okay to snoop on your spouse to gather information that could help your case, it is always best to take the matter to your divorce lawyer. An attorney will ensure the snooping is done legally, and in a manner that will not ultimately hurt your case. For example, instead of trying to guess the password to your spouse’s secret bank account, an attorney will issue a subpoena asking for those records.

When It Is Not Okay to Spy

If you simply want to learn if your spouse is seeing someone new, or if they have kept the job you have been urging them to get out of, it is not advisable to snoop on your spouse. These are not circumstances that will help your case and if you start spying just for the sake of spying, it could actually hurt your case.

In these instances, if you start snooping, you could unknowingly break privacy laws and possibly, face criminal penalties. If you ever want to spy on your spouse, first clear it with our divorce attorney. If they advise against it and will not conduct an investigation for you, the chances are good that spying is not a good idea, and you should avoid it.

Need Advice With Your Divorce? Call Our Florida Divorce Attorneys

There are many things that may come up in your divorce, and spying is just one of them. If you are considering divorce, or the process has already begun, call our Tampa divorce attorneys at All Family Law Group today. We can advise on all aspects of your divorce and ensure it goes as smoothly as possible. Call us today at (813) 672-1900 for your free consultation to learn more about how we can help.

Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

https://www.familymaritallaw.com/the-steps-in-a-florida-divorce/