What are the Steps in a Florida Divorce?

When going through a divorce, one of the most difficult aspects is that people typically do not know what to expect. Simply eliminating this fear of the unknown is enough to make people feel better about the process, particularly when they are the ones that want to initiate divorce proceedings in the first place. If you are going through a divorce, or considering it, it is best to work with a divorce lawyer that can fully explain what will happen during each step. In the meantime, below is a guideline of the steps your divorce may take, and what you can expect during each of them.

Filing the Petition

In Florida, divorce is known as the “dissolution of marriage” and the process begins with one spouse filing the petition for dissolution of marriage with the courts. The spouse that files this petition is known as “the petitioner” throughout the rest of the case. Within the petition, the person filing for divorce must state that the marital relationship has broken down and that there is no hope of reconciling.

Filing the Answer

After the petition is filed with the court, the other spouse has 20 days to file their answer. This time limit begins from the day they are served the petition. In their answer, the non-filing spouse must tell the court if they agree to the petition, which parts of it are true, if they deny anything stated in the petition, and if there are any parts of the original petition that they are unaware of. Within their answer, the non-filing spouse can also raise additional issues with the court. The petitioner can then respond to this reply.

Filing Additional Paperwork

There is a great deal of paperwork associated with divorce. In every divorce in Florida, a financial affidavit must be filed within 45 days of the original affidavit being served. Additionally, a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit must also be filed if the divorce will involve minor children.

Discovery

During the discovery phase, both sides must present the other side with the financial documents pertinent to the divorce. This includes tax returns, proof of income, statements regarding debt, bank accounts, retirement accounts, and more.

Mediation

Most divorces in Florida that involve minor children must go through mediation. The only exception is when one spouse is the victim of domestic violence. During mediation, both sides will meet with a mediator to try and come to an agreement without going through litigation.

Parenting Plans

In any divorce that involves minor children, the court must agree to a parenting plan that the two spouses have prepared. When the spouses cannot come to an agreement, the court will draft and finalize a parenting plan that the two spouses must comply with.

The Trial

Not all divorces will reach this point. However, if the couple cannot agree to even one term of their divorce, they will have to move to litigation and go through a trial. During the trial, both sides will make their arguments and ask the court for certain things, such as assets. At the end of the trial, the judge will make a decision and each of these decisions is legally binding.

Need Help with Your Divorce? Call Our Florida Divorce Lawyer

It is natural to be worried about what the divorce process will entail. At All Family Law Group, our Tampa divorce lawyers will not only fully explain it all to you, but also help you through every step of the way. If you are considering divorce, or the process has already started, call us today at (813) 672-1900 for your free consultation so we can review your case and help you through the proceedings.

Resource:
ncjrs.gov/pdffiles1/ojjdp/189181.pdf
https://www.familymaritallaw.com/myths-surrounding-mediation-during-divorce/

Can You Relocate with a Child After Divorce?

Divorce causes many changes to the family structure, but those changes don’t always stop after the divorce is finalized. Many issues continue to pop up along the way. One of the most common is when a custodial parent wants to relocate with their child. Perhaps they found better schooling for the child, or maybe they were offered a great job that’s out of state, or even out of the country. When this is the case, what does Florida law say about it? Are parents allowed to relocate with their children?

What is Considered a Relocation?

If you’re only moving across town with your child, you can likely do so without obtaining permission from the other parent or the courts. This is not considered a relocation. However, under Florida Statute 61.13001, when a parent moves 50 miles away or further, and intends to stay in the new location for more than 60 days, it is considered a relocation. Relocation is not an issue with temporary moves for the purpose of taking a vacation, education, or providing the child with medical care.

Relocation when the Other Parent Agrees

If you and your ex-spouse both agree to the relocation, you can draft a written agreement. This agreement must include:

• Written agreement to the relocation from both parents
• A time-sharing schedule that allows the parent not relocating access to the child
• How transportation of the child will work

After drafting and signing this agreement, you can then file it with the courts. You will not likely have to attend a formal hearing.

Relocation when the Other Parent Doesn’t Agree

Many times, the non-locating parent doesn’t agree to the relocation of their child. If this is the case, you must file a petition to relocate with the court. This is then served to your ex-spouse. Your petition must include:

• The address and phone number of your new home
• The date you wish to relocate
• The reason for the relocation and proof, such as a written employment contract
• Your proposed visitation schedule
• A written plan for transporting the child

After your ex-spouse receives the notice, they have 20 days to file a response. This should include reasons for objecting to the relocation, and how much time the non-relocating parent spends with the child. If they do not respond, the court may automatically grant the relocation. If your ex-spouse does reply to your petition, a judge will hear from both sides and weigh what is in the best interests of the child.

If a judge does not grant your relocation and you move anyway, you may face serious consequences, such as charges of contempt.

Need Help with Your Petition? Call Our Florida Family Law Attorneys

Filing a petition for relocation after divorce is complex. The burden of proof lies with you to show that you are moving, at least partially, for the child’s benefit and the move is not to your sole advantage. At All Family Law Group, our Tampa divorce attorneys can help you with this element of proof. We will also ensure you take all the necessary steps, so you can move forward with your new life while still complying with the law. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. for a free consultation.

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

https://www.familymaritallaw.com/what-happens-with-children-and-property-during-a-divorce/

Drawn Out Divorce Case Illustrates Importance of Prenuptial Agreements

When a couple is in the throes of celebrating an engagement and planning a wedding, thoughts about the possibility of divorce are the farthest thing from their minds. Consequently, many couples skip the talk about the benefits of a prenuptial agreement, and assume that everything will work out. Sidestepping this issue when young is easier to understand because the parties are less likely to have valuable assets, but when marrying at an older age, and especially in instances of second (or subsequent) marriages, prenuptial agreements are important to safeguarding assets that have been built over a lifetime. A former Clerk of Courts for Broward County is learning this lesson the hard way as he battles his second wife in a divorce case over a share of his deferred income from the state’s retirement program and Social Security benefits. It may seem pessimistic to dwell on the potential for divorce, but for those with a lot at stake financially, having this document in place is a smart way to protect these assets from being substantially depleted in divorce. This is an important consideration if there are children from a previous marriage to whom a parent intends to leave an inheritance. A discussion of what a prenuptial agreement is, what it can and cannot do, as well as the benefits a prenuptial agreement can bring to a marriage, will follow below.

What Is a Prenuptial Agreement, Anyway?

A prenuptial agreement, also referred to as a premarital or antenuptial agreement, is a contract a couple enters into before marriage that governs the division of assets and payment of spousal support, or alimony, in the event of divorce or other specified occurrence (death, incapacity, birth of children, etc.). Without such an agreement, a spouse is typically entitled to 50 percent of the marital assets if the couple later divorces. Though having a prenuptial agreement does not negate the possibility of litigation, having a well-crafted contract from an experienced family law attorney will make it less likely a court will invalidate the agreement.

Possible Uses and Certain Prohibitions

Prenuptial agreements are intended to protect assets from division in divorce, protect against assuming the liabilities of the other spouse, and protect the other spouse from claiming certain future earnings. However, Florida law specifically prohibits the enforcement of clauses in prenuptial agreements that attempt to release a party from a child support obligation, or would leave one party destitute and forced to seek public assistance for means of basic support.

How an Agreement Can Benefit Marriage

One way to make the discussion of a prenuptial agreement less negative is by using it as an opportunity to learn about each individual’s approach to finances. Finances are one of the leading causes of divorce, and working out how to handle these matters before marriage reduces the chance of disagreement. Further, a valid prenuptial agreement requires both parties to fully disclose all income, assets and liabilities so each person knows exactly what they are gaining or losing under the agreed upon terms. Further, knowing this information up front will give a couple the opportunity to blend their financial styles into an approach that is workable when finances do become shared.

Seek Legal Advice

Prenuptial agreements must follow certain rules to be enforceable, and involve complex issues that have long-term consequences. To ensure the executed agreement reflects what you want, work with a family law attorney that understands how courts view these contracts. The Tampa Bay law firm All Family Law Group, P.A. understands how important these agreements are, and is available to provide you with a free consultation to discuss your concerns.

Contact the Tampa divorce attorneys 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.

by Lynette Silon-Laguna Google+

The Role of Prenuptial Agreements in Divorce

When couples begin conversations about getting married and starting a future together, they are understandably reluctant to consider what could happen if the relationship does not last. At the outset of any happy time it is difficult to think about possible negative futures, but unfortunately not all marriages survive, and thinking about the financial ramifications of a divorce should lead many couples to explore the benefits of a prenuptial agreement. Prenuptial agreements are contracts executed before a couple marries that outline how property will be divided if they later divorce. The divorce of celebrity couple Brad Pitt and Angelina Jolie is the situation most people envision in which a prenuptial agreement has value. Thus, many couples believe, especially if they are young, that prenuptial agreements are unnecessary because they own very little of value, but it is hard to predict what a person’s financial situation will be in twenty or thirty years, and substantial assets could accumulate during the life of the marriage. In addition, if person is entering a second or third marriage, he/she will likely possess sizeable property and/or have concerns about protecting property for children from an earlier marriage. In either case, a prenuptial agreement would address these issues.

Creating a Prenuptial Agreement

The most important thing to realize about prenuptial agreements is that they must be created before the marriage occurs, and are only effective if the marriage takes place. As such, if a couple drafts an agreement, but later decides to skip marriage in favor of living together, the contract has no force as a prenuptial agreement if the couple later breaks up. The legal formalities for prenuptial agreements are simple: it must be written, and signed by both parties. Any changes to the content or decisions to revoke a prenuptial agreement must be writing and signed by both parties as well. Putting together the bare bones of an agreement is relatively easy, but figuring out which terms are permissible and make sense for each person’s unique situation requires more work.

What Can the Contract Say?

Florida law limits the content of prenuptial agreements to the division of a party’s financial assets, real and personal, tangible and intangible, and specifically delineates what the agreement may address. The permissible terms of a prenuptial agreement include:

• the rights of each party over property acquired at any time or under any circumstances;
• the right of either party to buy, sell, transfer, manage, or control property;
• what happens to property upon divorce or the occurrence of another event;
• whether and how spousal support will be paid;
• who retains ownership rights in death benefits paid under a life insurance policy; and
• the need to create a will, trust, or other estate planning arrangement to carry out the terms of the prenuptial agreement.

Note that prenuptial agreements cannot reduce or eliminate a party’s right to pay or receive child support, and if the elimination or modification of spousal support would cause a party to qualify for government assistance, a court has the authority to order spousal support notwithstanding the terms of the prenuptial agreement.

Get Legal Advice

The complexity of a prenuptial agreement is entirely dependent on the wishes of the parties and types of property they own, so do not assume a highly technical agreement is needed in every situation. However, protecting carefully accumulated assets is always in your best interest, and an experienced family law attorney can help you accomplish that interest. The Tampa Bay law firm All Family Group, P.A. is well versed in all areas of marital and divorce law, and is ready to help you with all your legal needs.  Contact the Tampa divorce attorneys 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.

by Lynette Silon-Laguna Google+

Deciding Which Kind of Divorce Is Right for You

Any couple together long enough will go through difficult patches of time where one is out of sync with the other, and many discussions end in argument. Most of the time, moving past the rough period intact is possible. However, sometimes the problems are deeper than surface disagreements, making it impossible to stay together. At this point, which is different for everyone, divorce enters the picture, and spouses must begin the process of unraveling their lives. While this process is often painful and demanding, spouses sometimes find their relationship as exes is better than when married. Once the decision is made to dissolve the marriage, the next step is to determine what type of divorce is appropriate. All divorces legally end a marriage, but not all divorce cases are processed in the same manner. A recent article discussed the divorce of the mayor of Cape Coral from her husband after less than three months of marriage, and noted that the couple filed a simplified divorce petition. Simplified divorce is one option for couples seeking to end a marriage, but is often unavailable to most divorce petitioners for reasons that will be discussed below. Selecting the correct type of divorce petition is a crucial aspect of court procedure. If the wrong one is filed, the case will be dismissed and will require a re-filing of the appropriate type, along with additional time and money utilized by both parties.

Simplified Dissolution

Simplified divorce is a faster and less expensive divorce process for those couples with no issues to resolve. Both parties must be in agreement on all of the following points, and jointly sign the petition for divorce. All of the following must be true in order to qualify for simplified divorce:

• both spouses agree the marriage is irretrievably broken;
• the parties do not share minor or dependent children, nor is there a pregnancy;
• the parties agree on the division of all their assets and liabilities;
• neither party is asking for alimony;
• at least one spouse has resided in Florida for the previous six months; and
• both parties are willing to jointly attend the final hearing before the judge.

One important right this simplified process takes away is the right to examine the other spouse through the collection of information before trial or as a witness during trial. This happens because simplified dissolution requires both parties to waive the right to a trial and appeal. This limitation on information is further expanded to the disclosure of financial information. While both parties are required to submit a financial affidavit, any further requests for financial information are not always enforceable.

Regular Dissolution

If a couple does not meet the criteria for a simplified divorce or declines to consent to the waiver of rights, a regular divorce petition is the option left to them. Regular divorce cases begin when one party files a petition for divorce. In addition to requesting a divorce, the petition includes any other demands a party may have, like specific property division terms, alimony, child support, or parenting time.  Where it goes from here depends on whether the divorce case is contested or uncontested.

The other spouse always has 20 days to respond after the receiving divorce petition, and if the response agrees with the demands of the petition, making the case uncontested, the parties can ask for a final hearing date to conclude the matter once the required financial disclosure is complete. If, however, the other party files a counter-petition disputing the demands listed in the petition or makes new demands, a Notice for Trial must be filed, as this case is contested. A contested divorce is like any other lawsuit where the parties exchange information and present arguments to the judge through filing additional documents or attending live hearings. This is a lengthier process, but may be necessary if the parties cannot agree, or have another type challenge preventing resolution of the case.

Get Help

Regardless of the kind of divorce petition you file, you are permitted to retain legal counsel to represent your interests. In divorce cases, where the outcome has significant and long-lasting effects on a person’s daily life, it is important to work with a divorce or family law attorney to ensure you do not unnecessarily give up your rights and fully understand the legal consequences of your decision. The Tampa Bay law firm, All Family Law Group, P.A., will evaluate the unique facts of your case and guide you through the divorce process to its end.  Contact the Tampa divorce attorneys 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.

by Lynette Silon-Laguna Google+

Can You Undo a Divorce Decree?

Deciding to get divorced usually comes after much deliberation and numerous attempts to save the marriage. Once the decision is made, however, the parties are typically firm in their position that the marriage cannot continue. Nevertheless, there are instances where a couple later determines they want to attempt reconciliation instead of divorce. While this situation is good for the spouses personally, legally there could be difficulty depending on far the divorce case has proceeded through the court system. If a default judgment or final divorce decree was issued, courts are reluctant to undo such decisions because the stability of the legal system rests in part on the finality of court actions. In addition, the legal complexity of reintegrating all of the matters a divorce separates makes it virtually impossible to really undo a divorce decree. Consequently, if the divorce case has reached an endpoint, courts will only overturn an order in limited circumstances. If, however, the case is earlier in the process, stopping divorce proceedings is easier and generally brings fewer consequences. Certainly such requests are the exception in most divorce cases, but understanding the procedure to cancel a divorce decree will illustrate the seriousness of seeking divorce.

Dismissal of Pending Divorce Case

If a divorce case is still pending and no final orders have issued from the court, it is relatively simple to withdraw the petition. All that is necessary is for one party to file a voluntary motion for dismissal requesting the court to stop the case at the present point and discontinue further proceedings. If the other party filed counterclaims earlier in the case, it may be necessary that he/she also file a motion to dismiss. Note that if the court entered interim orders for child support or alimony, these benefits would go away. Thus, it is important for parties to assess what they would lose by ending a divorce petition.

Vacating Default and Final Judgments

When a court issues a final judgment in a case, it means the judge has considered and decided all pending matters before the court. The verdict is released in a written decision that can be used to enforce the terms of the court’s judgment. While most people associate final judgments with the end of a case after both parties present their arguments, it can come earlier in the form of a default judgment. When a legal petition is filed with a court, all named parties must respond to the demands or allegations made against them. If any party fails to respond, the court can enter a default judgment against him/her that grants all of the demands of the opposition. This is a severe result, so it is crucial to respond to every court document received in a legal case.

Overturning a final judgment is a complicated process, and a court will only consider it if one of the following circumstances exist:

• mistake, unintentional or excusable neglect, or surprise;
• newly discovered evidence that was not available or discoverable during the pendency of the case; or
• fraud, misrepresentation, or other bad conduct by a party.

None of the grounds for vacating a final judgment is easy to show, but in the event a decent argument can be made, the knowledge of an experienced divorce attorney is needed to evaluate the facts of the case in order to give such a request the best chance of succeeding. Also, it is important to mention that a party can use these grounds as basis to reopen a divorce case and argue it needs to be reconsidered or modified.

Talk to a Divorce Lawyer

If you have questions or concerns about the final judgment issued in your divorce case, talk to a divorce attorney to learn what your legal options are. The All Family Law Group, P.A., located in the Tampa Bay area, handles all aspects of divorce and family law cases, including post-judgment appeals and petitions.  Contact the Tampa divorce attorneys 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.

by Lynette Silon-Laguna Google+

Key Terms Everyone Getting Divorced Should Know

Making the decision to divorce a spouse is one of the largest, hardest, and most far-reaching acts a person can make in their life. The impact of divorce goes far beyond the couple, especially if they have children, and extends to family and friends who may feel compelled to choose between the two parties. Given the emotional turmoil that accompanies divorce, it may be tempting to tune out and disassociate from the legal proceedings once a divorce lawyer is hired to handle the case. However, it is important to be engaged in the divorce process, despite the hard emotions, because of what is at stake. While a divorce attorney can represent the interests of a divorcing party, this person must maintain an active and engaged role throughout the process to ensure the outcome is in keeping with the party’s personal and familial goals. Further, it can be easy to assume one already knows the necessary information about divorce because of its constant presence in society, but unless a person has previous experience or legal training, there is a risk of oversimplifying what getting divorced actually means. Consequently, having a basic foundation in the key terms that come up in every divorce will help to prepare individuals on what to expect, which allows for thoughtful and informed decision-making.

What Is Divorce?

Divorce, or dissolution of marriage, legally severs the union between a couple, and puts them back in the same state they enjoyed as single individuals. Essentially, this process is the legal termination of a marriage, and how couples disentangle their lives from one another. Divorce is initiated when one spouse files a petition in court, and is concluded when the spouses agree on the division of property and responsibilities, or if the parties cannot agree, when the court forms the terms of settlement.

Types of Divorce

While it may appear that all divorces proceed in the same way, more or less, there are, in fact, several different types that affect how long it will take to finalize the divorce and how complex the case will be.

• Fault vs. No Fault Divorce – Florida, like most states, has no-fault divorce, which means it is not necessary to prove that the actions of one spouse caused the end of the marriage. Instead, all that is required is to state that the marriage is “irretrievably broken.” Florida retains one basis for a fault-based divorce based on the mental incapacity of a spouse, but this provision is rarely used because the incapacity must exist for at least three years and be confirmed by a judicial order.
• Contested vs. Uncontested Divorce – In addition to determining the grounds of divorce, one also has to assess whether the divorce is contested or not. A contested divorce means the parties do not agree on all issues, such as property division, support, or child custody, and the parties will need to file a standard divorce petition based whether they own property together or have children. Florida also offers a simplified divorce for couples that have no disputes or minor children together. Simplified divorces move through the system much faster, but require the parties to waive their right to a trial and to seek alimony.

Common Issues

Financial Concerns: Because married couples tend to intermingle income, property, and debts, it is necessary to determine how these areas will be divided in divorce. Specifically, divorcing couples must decide:

• how to divide assets, such bank accounts, stock portfolios, and pensions;
• how to divide debts;
• how to handle jointly-owned property, like the marital home; and
• whether to pay alimony to one spouse.

Children: Disagreements about children account for most of the disputes in divorce, as parents attempt to work out:

• Custody;
• child support; and
• parenting plans.

Talk to a Divorce Attorney

While this article gave you a brief overview of the components of a divorce case, each case is unique and could have issues not covered here. A divorce lawyer can advise you about the particular law that applies in your case, and help you get the outcome you want. The All Family Law Group, P.A. will walk you through the divorce process step-by-step as you begin the next phase of your life.  Contact the Tampa divorce attorneys 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.

By Lynette Silon-Laguna Google+

Divorce and Mediation

Given the emotional, financial and legal upheaval divorce creates for most couples, it is easy to understand why divorcing spouses have trouble seeing issues eye-to-eye. Typically, a person’s entire world changes in the wake of divorce, and seeing the other spouse as the source of this conflict certainly makes it challenging to find places of agreement. However, there are circumstances where it may be preferable to find areas of commonality and to work together toward resolution with minimum amounts of dispute to keep the relationship as intact as possible. This need for cooperation is often seen in divorce cases involving children or spouses that own and operate a business they wish to maintain with minimal disruption. Taking a divorce case through the traditional court process is, by its nature, a combative procedure. Each spouse takes a position on each issue, there is little collaboration, and a third party, in the form of a judge, is the ultimate decision-maker. There is another option that allows divorcing spouses to work together toward resolving issues in a more congenial manner – mediation. An overview of how this process works, and when courts require parties to a divorce to enter into it, will follow below.

What Is Mediation?

Mediation is a non-adversarial process where parties in a dispute discuss areas of disagreement in the presence of a mediator. A mediator is a neutral third party that attempts to help the parties better communicate, which makes it more likely they will be able to resolve their issues. Even though judges are not involved in the process, lawyers can still attend mediation sessions with their clients to help them make informed decisions with an eye toward the legal consequences. An advantage of mediation over litigation is that this process is private and confidential, and records of the parties’ agreement are not open to the public. In traditional divorce cases, unless a judge makes the unusual decision to seal the records, all the documents filed with the court are public records. Further, mediation is faster and less expensive, and the parties have complete control over the outcome. Note that this process is voluntary, and either party can withdraw at any point and for any reason. If the parties cannot come to an agreement, they still have the option of proceeding with the divorce case in court.

When Is It Required?

Some mediation is required under court order, and the parties must make a good faith effort to resolve their disputes in this forum before returning to the judge for resolution. In family law matters, courts will order the parties to undergo mediation if the following issues are under dispute:

• parental responsibility;
• which parent should provide the primary residence for the child;
• access to a child;
• visitation; or
• child support.

If the parties are able to agree, the terms of the agreement are formally documented by the mediator in a consent order that is submitted to the parties and their attorneys for review. If the parties approve the consent order, it is then given to the judge for final approval, and once granted, the consent order is enforceable to the same extent as a regular court order.

Talk to a Divorce Attorney

If you are facing divorce and want to know your options for resolving disputes outside of court, talk to a divorce attorney who can advise of the different options available, which extend beyond just mediation. The Tampa Bay law firm of All Family Law Group, P.A. works with divorcing clients in all stages of the process, and in forums outside of court.  Contact the Tampa divorce attorneys 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.

By Lynette Silon-Laguna Google+

Bankruptcy and Divorce

Financial problems are often a complication that may have added to the stressful causes of a divorce. Divorcing couples who are deeply in debt may wonder whether they should file for bankruptcy before or after they dissolve their marriage. There is no “one size fits all” answer because there are so many factors that need to go into the decision. There are advantages and disadvantages regardless of when you decide to file for bankruptcy. However, it is best to understand your options by discussing the details of your case with a qualified divorce/bankruptcy attorney prior to making any decisions.

Filing during a Divorce

Filing for bankruptcy in the middle of a divorce can be tricky. When one spouse files for bankruptcy alone, the result could be that only his or her portion of the debts are discharged. This could leave the other spouse with quite a bit of debt to resolve. Furthermore, under divorce law you may still be responsible for your share of the debt to your spouse.  For this reason, it is best to come to a bankruptcy decision jointly, whenever possible. If you are having financial difficulties it is imperative that you let your divorce attorney know immediately, as it could affect the decisions of the divorce. 

Automatic Stay

When a bankruptcy is filed during a divorce, it puts an automatic stay, or hold, on the division of property. It does not impact the issues of child support or custody. The hold will lengthen the time it takes to obtain a divorce, since the financial debt matters must first be sorted out. This could take considerable time, in some instances. However, it may be beneficial to resolve debt problems rather than allowing them to have a negative influence on your long-term money situation.

Bankruptcy after Divorce

If you wait until your divorce is final to file for bankruptcy, you could still run into trouble. When a former spouse files bankruptcy after the divorce, creditors do not have to follow the divorce decree where debts were distributed. Instead, they will pursue collection of the debt with the spouse who did not file bankruptcy. Therefore, it could be beneficial to deal with the bankruptcy before finalizing the dissolution of marriage.

Careful Consideration

Since everyone’s marital and financial situations are unique, there is not one correct solution. As with most of the divorce decisions, the choice to file bankruptcy is filled with advantages and disadvantages. There are many important consequences of bankruptcy that need to be weighed before an informed decision can be made. An experienced divorce attorney is essential, especially in cases where there is a potential for bankruptcy.

Fresh Start

As you divorce you are likely looking forward to having a fresh start. You want to put your divorce and all of its baggage behind you. If you are struggling with debt before the divorce, it will probably still haunt you afterwards unless you take the steps necessary to resolve it. The decision to file bankruptcy is one of the most important choices that can be made as part of the divorce. However, it can be a new beginning, which would not be possible otherwise. Trust that your divorce and bankruptcy attorney will assist you in getting the new beginning you deserve. If you are about to go through a difficult divorce, count on the experienced legal team at our firm to assist you during this difficult time. Contact the Tampa divorce attorneys and bankruptcy lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Pets and Divorce

Our pets are a very important part of our families. For some, our pets are like our children. But what happens to our pets when we divorce? There are many people who feel that spouses should be awarded custody of pets in much the same way as child custody. As much as we may consider that our dog or cat is our baby, in the eyes of the law, pets are property. Generally, in Florida, divorcing couples are required to divide up their marital property in an equitable manner. This means that most likely your pet will be owned by just one party after the divorce is finalized.

Divorce Settlement Terms

As part of the divorce process, couples must resolve and come to an agreement of the main settlement terms. This includes such things as asset and debt division, child custody and visitation, and alimony. These issues need to be ironed out between couples prior to the finalization of the divorce. When couples cannot reach an agreement they may require help. The first line of assistance comes directly through your attorney, who will always work to protect your best interests and knows how to negotiate on your behalf.

Pets as Property

While pets are considered property under the law, there are some special considerations you can make to provide properly for your beloved animal. If the pet belonged to one partner prior to the marriage it technically belongs to that person and is not included in the property division. The same holds true if the pet was received by one person as a gift. However, if the pet was obtained by both people while they were married, the situation can seem unclear. The best situation is for both people to consider the needs of the animal when making the decision regarding who should retain possession.

Children and Pets

When children are involved the process of determining who will keep the pets can become more complex. Remember that the children may be attached to the pet and this should be considered when deciding where the pet should stay. Other things to think about when deciding which party should keep the pet include the space available and the time each person has available to spend caring for the pet. Additionally, there are costs associated with pet ownership. When a person owns the pet himself, these costs are usually his sole responsibility.

Pet Time Sharing

Child custody in Florida is also known as time sharing. Both parents are expected and entitled to spend time with their child. Since dogs and cats are not children, the same rules do not apply. But, pet parents can make special arrangements between each other that will allow them to share time with their pet. For example, the couple may agree that the pet will live primarily with one party but that the other has the opportunity to take the pet for several hours a week. These arrangements may seem like an agreeable solution but in practice may be quite tricky to pull off. There are both advantages and disadvantages to pet sharing after a divorce.

If you are considering divorce with pets, contact the Tampa divorce attorneys and family law lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Tax Concerns in a Divorce

Divorce is never an easy time and there are many issues that must be resolved throughout the process. And the issues don’t necessarily stop at the end of the divorce. To be sure, once the dissolution of marriage is finalized, both parties file taxes separately. There are several areas of concern that are best ironed out during the divorce settlement. Some of these include:

• Dependency deductions for children;
• Taxes on child support;
• Alimony taxes; and
• Property transfers.

Filing taxes will be different when you are divorced than when you were married. If you were recently divorced it is best not to wait until the last minute to file in order to ensure that you can comfortably reach the tax deadline.

Filing Status

Once you are divorced you are no longer legally able to file taxes as married. Your tax filing status in Florida is based on your legal marital status on the last day of the year. Therefore, even those who were married for 11 months but divorced in December are not allowed to file as married. Instead, you must file taxes as either single or head of household. In some cases it may be advantageous to remain married for the entire year and divorce in the beginning of the next year. This allows you to file as married status. It is important to note that you are not legally divorced until the court makes a dissolution decree.

Tax Deductions

The most common question facing newly divorced couples is who can take which deductions. Certainly deductions can be complicated and for this reason if you have any questions you should speak with your account or CPA before either of you complete your taxes.  Remember that only one parent can deduct any minor children as dependents. Generally speaking, any assets that you obtained in the divorce are not taxable. There are many matters that arise regarding child support and child care costs that should be resolved prior to filing taxes.

Tax Tips For after a Divorce

First, you will need to review and change your W-4 with your employer. Do this as soon as possible so the necessary changes will take effect quickly. If you have moved, you will need to file a change of address with the IRS. You can do this by submitting a Form 8822. You will also need to make any name changes to the Social Security Administration. This should be done prior to filling out and filing your taxes for the year. Alimony received must be reported as income and those paying alimony may take it as a deduction. Tax situations may vary greatly and each situation is unique. For these reasons it is best to discuss your concerns with a tax specialist or CPA before you complete your taxes. Making changes to your taxes after they are filed can be complex so it is in your best interest to get your questions answered prior to filing.

Divorce can bring many complex situations, including those regarding taxes. When you are seeking a divorce or have concerns regarding the terms of your 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.

By Lynette Silon-Laguna Google+

Understanding a Simplified Divorce

In Florida, as in other states, the law provides a way to dissolve a marriage more easily, known as a simplified divorce. A simplified divorce is faster and easier than a standard divorce, however, couples must meet the stringent qualifications. Those who meet the criteria may save time and money with a simplified dissolution of marriage. And, to be sure, in order to file for any type of divorce in Florida at least one party must be a resident for the last six months.

Qualifications for a Simplified Divorce

In order to proceed with a simplified divorce couples must meet certain criteria. This includes:

• both parties agree that the marriage cannot be reconciled;
• the parties do not have any dependent children or any children under age 18;
• the woman is not pregnant;
• both spouses agree regarding division of assets and debts;
• neither party is requesting maintenance;
• both spouses agree to relinquish their right to a trial; and
• both parties must attend a final court hearing.

Those who do not meet these qualifications cannot file for a simplified divorce and must instead file a standard petition for dissolution of marriage.

Submitting the Petition

A petition is necessary to begin the process of a simplified divorce. The application must be signed in the presence of the deputy clerk, at the clerk’s office. Both parties must sign the petition, although it is not necessary for both people to be present at the same time. In addition to the petition, each person must provide proof of identification with a photo id. Your driver’s license will be sufficient for this purpose. A fee must be paid at the time you submit the form. You will receive a court hearing date and time.

Marital Settlement

A marital settlement agreement is a written document that provides for how assets and debts are to be distributed as part of the dissolution of marriage. Both parties are required to come to an agreement as to how to distribute their marital property. Marital property consists of any assets that were acquired during the marriage. Generally, those who qualify for a simplified dissolution of marriage are those who have few assets and debts to allocate. You can agree to the settlement orally, which should be noted on the settlement form.

How a Divorce Attorney Will Help

While the simplified divorce is designed to be easy to complete, it may be helpful to seek assistance from an experienced divorce lawyer. It is important to note that if you have someone other than an attorney assist with filling out the forms, this person must provide you with a disclosure from non-lawyer, a requirement by law. The person filling out the forms must provide his or her name, address, and telephone number on the last page of every form. Simplified divorce assistance may be provided by an attorney at a flat fee. To learn more about a simplified divorce and to begin the procedure, 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.

By Lynette Silon-Laguna Google+

Resolving Disagreements in a Divorce

When couples decide to divorce the process of dissolving the marriage begins. Many people try to maintain a cordial relationship, especially when there are children. However, even the most agreeable divorces can turn hostile once the many issues of the relationship must be resolved. Couples most often begin to have trouble agreeing to the terms of the settlement when financial issues come up.

Divorce Settlement Terms

Florida courts require couples to come to a reasonable agreement as to the settlement terms of the divorce. These include such items as:

• Division of assets;
• Allocation of debts;
• Alimony;
• Child custody; and
• Child support.

Couples may need help when reviewing these issues. Your divorce attorney is the best source of assistance in these matters. While every situation is different, there are many similar circumstances that provide your lawyer with the experience needed to negotiate even the most complex matters. Keep in mind that very often, compromise is necessary in order to ensure a swift conclusion.

Marital Property

In Florida, as in other states, assets and other property that has been accumulated during the marriage are considered marital property. Marital property must be divided in an equitable and fair manner. There are only a few exceptions to the marital property rules. Some of these exceptions are:

• Property acquired prior to the marriage;
• Inheritance by one party;
• Gifts to one spouse; and
• Assets not included per written agreement.

There are many circumstances that may require special consideration. For example, when one spouse hides assets, there may be reason to further review the distribution to resolve the inequitable situation. In the end, the property, money, and other assets must be separated reasonably.

How to Resolve Disputes

Disputes are quite common among couples who are divorcing. When disagreements arise they can cause the divorce to stall. Courts typically want couples to work out their disagreements before they get to court. Disputes can often be rectified with help from an experienced divorce attorney. Your lawyer will always work towards a fair resolution with your best interests in mind. A prolonged divorce can drag on for months causing more emotional turmoil than necessary. Additionally, when a divorce comes to a standstill it can become more expensive to resolve. Couples who are unsuccessful in reaching an agreement may be required to work with a mediator.

How a Divorce Attorney Can Help

Your divorce attorney is the buffer between you and your spouse. You can count on your lawyer to assist with negotiations and make sure that your concerns are considered. Sometimes your spouse may be unreasonable when working through a divorce – this is natural. When it happens, your lawyer will defuse the situation and work to bring the matter to a successful result. Discuss any “hot button” issues with your attorney at the onset so that your lawyer will be prepared to handle the potential problem quickly. When choosing a divorce attorney, opt for a firm that primarily handles divorce cases. Also, look for a firm with the experience and expertise to circumvent potential problems. 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.

By Lynette Silon-Laguna Google+

When Your House is No Longer Your Home

After years of marriage, your home may be one of, if not the most, significant assets owned by you and your spouse. When facing a divorce, the disposition of the marital home will be a critical issue and dependent upon a variety of circumstances. Under Florida law, the judge presiding over the divorce will distribute marital assets and liabilities between the spouses. Unless otherwise justified under the circumstances of the particular case, this division should be equal between each individual.

Marital vs. Nonmarital Property

With some exceptions, nonmarital assets include property acquired by either spouse prior to the marriage. On the other hand, marital property generally includes property acquired during the marriage, without regard as to whose name the property was titled in. For example, after two years of marriage, Suzy and Tom purchase a house. This house would be marital property under Florida law. Marital property can also include an enhancement in value of nonmarital assets that occur during the marriage. For example, Gene purchased a house 10 years before marrying Sam. Sam is a contractor and did substantial work to the home during the marriage using marital funds. The appreciation may be considered a marital asset even though the home was purchased before the marriage by Gene.

Equitable Distribution

During a divorce proceeding the presiding judge will first set aside each spouse’s nonmarital property, and then consider the marital property for distribution between the parties. The judge will distribute the marital property equally, unless fairness requires otherwise based upon the following factors:

• each party’s contribution to the marriage and/or to the acquisition or appreciation of the asset;
• the duration of the marriage and relative economic position of the parties;
• any sacrifice made by a party with regard to their career or education for the sake of the other party;
• the need of such asset for use in a business or profession;
• any intentional impairment of the asset by a party after the filing for divorce or within the preceding two-year period; and
• any other factor necessary to do substantial justice.

Disposition of the Marital Home

Division of the home creates an obvious problem in a divorce. Many times neither party can support the mortgage payment due on the family residence, which will require its sale and distribution of the proceeds based on the factors listed above. On the other side of the spectrum, in situations where there is substantial equity, neither party may have the resources to buy the other party’s share of the equity, which will also necessitate a sale and distribution of the proceeds as outlined above. Other factors may drive the judge’s decision outside of the relative economics of the property. If the marital home is a residence for a younger child of the parties, the court may find that in the best interest of that child the custodial parent should remain in the home if financially feasible.

Get the Assistance You Need

The distribution of marital assets is a fact specific analysis that requires knowledge and experience. The attorneys of All Family Law Group, P.A. are knowledgeable Tampa divorce attorneys who have experience in the identification and distribution of marital and nonmarital assets and liabilities. If you are faced with divorce, we can help protect and assert your rights under Florida law. Contact the Tampa family and divorce lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Domestic Violence Injunction vs. No Contact Order

Florida Governor Rick Scott recently signed into law Senate Bill 342, further clarifying the specifics of a “no contact order” and what types of communication it prohibits. No contact orders have long been used to protect victims of domestic violence and prevent the abuser from intimidating the victim. The new law’s clarifications use broad language to accommodate all forms of communication and firmly establish that no contact orders are in effect immediately upon the judge’s order. While no contact orders are exclusively used in the criminal context, the new clarifications additionally shed light on what constitutes communication for domestic violence injunctions.

What is a No Contact Order vs. Domestic Violence Injunction?

A no contact order is similar to a restraining order. Typically, it is ordered by a court as a condition of a defendant’s pre-trial release. The order prohibits a criminal defendant, or a convicted felon, from contacting the victim in the case. These orders usually last for the duration of the criminal matter or until the court otherwise removes or modifies it. The new law ensures that these orders go into effect immediately after the judge issues it. These are entirely criminal orders.

A domestic violence injunction (DVI) is similar to the no contact order in several ways. DVIs are applied for by victims of domestic violence who reasonably believe they are in imminent danger of further acts of domestic violence. If, based on the petition alone, the judge finds an immediate and present danger of domestic violence the court may grant a temporary DVI preventing the abuser from committing any acts of violence and communicating with the petitioner. These temporary orders can also provide the petitioner temporary custody and exclusive control of shared housing. DVIs become effective when the abuser is given a copy of the DVI paperwork. After the temporary hearing, a full hearing will be set, since the temporary order lasts a maximum of 15 days.

What Type of Communication is Prohibited?

Specifically, these prohibit the defendant from directly and indirectly contacting the victim. This means the defendant cannot personally call, text, email, instant message, gesture towards, touch, or even intentionally be near the victim. This includes all communications through social media and professional networking sites. To accommodate ever-changing communication technologies, the new law unequivocally states the defendant cannot communicate “orally or in any written form” to cover any and all measures of written or spoken communication.

Defendants also cannot indirectly contact the victim. This means defendants cannot cause a third person, usually a friend or family member, to contact the victim that they themselves are prohibited from speaking to.

How Can DVIs Be Lifted?

A DVI will last longer than the original 15 days set forth in the temporary order. These final injunctions may provide more protections than a temporary injunction and can last indefinitely. Should you be granted an indefinite DVI, motions to modify its conditions can be filed. Similar to the no contact order, DVIs cannot be eliminated simply because both parties wish to begin speaking or reunite; the judge must dissolve the DVI. Either party can petition the judge to terminate the order and the judge will decide whether or not to grant the termination.

How Do I Protect Myself?

If you are a victim of domestic violence or domestic abuse, there are powerful legal tools to help you obtain the protection you need. If a restraining order or DVI has been entered against you, there are legal procedures in place to protect your rights. The experienced and compassionate attorneys at All Family Law Group, P.A., in Tampa will provide experienced legal help in any domestic violence-related legal matter. Call 813-321-3421 for a free consultation, or contact us online today.

By Lynette Silon-Laguna Google+