5 Frequently Asked Questions About Divorce In Tampa

Everyone understands the basic concept of divorce. It is a legal process people must go through when they want to formally end their marriage. While the concept of divorce is fairly straightforward, there are many legal issues that can arise that people are not as familiar with. If you are going through a divorce, or you are considering it, you probably have a lot of questions. Below, our Tampa divorce attorney outlines the five most common questions we hear, as well as the answers to them.

Can My Spouse and I Get Legally Separated Instead of Divorced?

Legal separations are not recognized under Florida law. When a married couple has not yet obtained a formal divorce, they are still considered legally married, even if they no longer live together and have physically separated. Still, there are many reasons people do not want to get a divorce. For example, a couple may not want to divorce due to religious reasons. In these instances, a postnuptial agreement can outline certain terms, similar to those in divorce, so your interests are protected.

How Do I Start the Divorce Process?

All divorce cases start when the petition is filed with the court. A divorce petition essentially tells the family court that you are legally married and that you want to dissolve the legal union. After one party files the divorce petition with the family court, the other spouse is then served with the paperwork, informing them that the divorce process has started.

Can I Divorce My Spouse if I Cannot Locate Them?

The divorce process is always easier if you know where your spouse is located. There are times, though, when a person wants to get a divorce but cannot find their spouse. In these instances, Florida law does provide an option for getting divorced by publication. To get a divorce using this method, you must publish notice of the divorce in a local newspaper where the spouse was last known to live for two consecutive weeks. Once that time expires, the publication is considered service, or notice, to your spouse, and the Notice is filed with the Court.  There are certain requirements on the publication, so it is always important to speak to a Tampa divorce attorney before publishing.

Do I Have to Attend Mediation with My Spouse?

In most Florida divorce cases, the couple must attend court-ordered mediation before taking their case to trial or to a temporary hearing. This is true for all family law cases in Hillsborough County, in particular.  Mediation helps alleviate the backlog of the courts and allows the couple an opportunity to compromise and negotiate so they can reach an agreement on the terms of the divorce. Mediation sessions often include both parties, the lawyers representing them, and the mediator. However, you and your spouse can also meet with a mediator separately if the conflict between you is high.  Also, currently most mediations occur via Zoom video.

Do I Need a Divorce Attorney in Tampa for Mediation?

You are not required to work with a Tampa divorce attorney; however, it is always recommended that you do, especially as the mediator cannot give legal advice to the parties and you want to make sure that you make sure you get it right. At All Family Law Group, P.A., our seasoned family attorneys can help you resolve the disputes in your case while making sure your rights are upheld throughout the entire process. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to learn more about how we can help.  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=0000-0099/0044/0044.html

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.

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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/

 

 

How is Property Divided in a Florida Divorce?

In a Florida divorce, assets and debts acquired by the couple are divided fairly between the two spouses. If the two parties can come to an agreement on their own and it is fair, a judge will likely approve that agreement. When the couple cannot agree how assets and liabilities are split, a judge will listen to each side and make a final decision. Understanding Florida law on property division, as well as the factors a judge will take into consideration, is important for anyone going through a divorce.  Click here for more.

Is Texting Your Spouse During a Divorce Case a Good Idea?

Communication is a common issue for many couples, and those going through divorce will particularly struggle with how to navigate this area of interaction in light of the emotional and legal aspects of this process. Some level of communication is usually a good idea for most divorcing couples, especially if they are trying to negotiate a settlement and/or share children. Click here to learn more. 

Attorney Fees and Costs: How Much Does It Cost to Hire a Divorce Attorney in Tampa Bay?

Divorce may be the right decision for a particular relationship, but getting to the end and seeing a judge officially dissolve the union is an entirely separate matter. Accessing the legal system for any issue comes with a financial cost, and the complexities of divorce, both from a legal and procedural standpoint, make it inadvisable for a spouse to navigate a divorce case without the assistance of a divorce attorney. Click here to learn more.

Group Looking to Eliminate Permanent Alimony

Anyone associated with divorce knows about the financial strain of this event, and some spouses are able to weather the transition better than others. For those with little to no access to financial resources, alimony is often requested to at least cover the costs of living for the first few years post-marriage. For the person ordered to pay, this ongoing obligation, which is often in conjunction with child support, is hard to meet. Click here to learn more.

Are There Risks with Doing a Divorce Yourself?

Dealing with the emotional, financial, and psychological fallout of divorce is no small thing, and even couples who know this step is coming still generally walk through the same process to transition to life outside of marriage. The biggest hurdle to moving on is the divorce process itself, and some spouses are intent on bringing the marriage to a close in the most efficient and least costly way possible. Click here to read more. 

Negotiating a Parenting Plan

Parents seeking divorce have a large task in front of them, as they consider, negotiate, and settle on the terms that will govern child custody. Divorce is particularly hard for children, and trying to find the right balance that addresses the desires of both parents to have an active role in the child’s life against the child’s need for predictability, stability, and consistency is hard. In Florida, these agreements are called parenting plans, which cover how the parents will divide parenting time and decision-making authority. Click here to learn more.

How to Protect Your Privacy During a Divorce

Divorce is one of those intensely personal life events that must be mentioned because of the drastic changes it triggers, but going into the details of the situation is typically limited to immediate family and close friends. For those that pursue the traditional court process to obtain a divorce, one element of the legal system in this country can prove to be unnerving and unpleasant.  Click here to learn more.

Options When a Parent Exposes a Child to Drugs

Drug and alcohol abuse are issues that can drastically affect a child’s quality of life, but is a situation a child may not be able to recognize or appreciate for its instability and danger. If child custody is shared, this habit is a true concern that needs to be addressed. Obviously, the issue in these circumstances is the addicted parent’s ability to safely and appropriately care for the child. Click here to read more.

What is Parental Alienation?

Parents generally realize that an environment with lots of conflict is not good for a child’s wellbeing, and divorce can put this knowledge to the test, as it pushes some spouses into highly adversarial positions. However, when children are involved, parents do try to keep things on an even keel to facilitate better cooperation post-divorce. Further, while divorced parents may disagree, both usually realize that having a close relationship with each other is important for the child’s development and welfare and try to support that relationship. Click here to learn more.

When do Courts Award Sole Custody?

The default for divorced parents in Florida, and most other states, is that parenting time, formerly referred to broadly as custody, will be shared. While the ideal is that the child spends roughly equal amounts of time with each parent, typically one parent will have primary responsibility for childcare, with the other parent taking the child on weekends and one or two evenings during the week. Moving to the other end of the spectrum, sole custody is not only discouraged but very hard to achieve outside of the most extreme cases.  Click here to learn more. 

The Limits of Snooping on a Spouse during Divorce

If a married couple decides to get divorced, chances are the level of trust each spouse has for the other is pretty low. In many cases, this mistrust is justified based upon past actions of the other spouse that eroded confidence in the feasibility of continuing the relationship. The high level of emotional distress that divorce provokes can also lead some spouses to engage in questionable behavior, both as a means to punish or embarrass the other side, or to gather damning evidence to present at trial. Click here to read more. 

Home Equity Lines, Mortgages and Divorce

Distinguishing and separating financial obligations are one of the most difficult parts of divorce. The longer a couple is married, the harder it is to figure out when and how many items of property were acquired or which funds were used to maintain them. Family homes and real estate in general is particularly tricky to assess, especially if one spouse brought property into the marriage and the other spouse derived https://www.familymaritallaw.com/home-equity-line…ages-and-divorce/ a benefit from it.  Click here to read more.

Enforcing a Foreign Divorce Decree

People get married at a variety of places around the world, often having no familial, personal, or professional connection to a location, but merely a desire to get married in a certain atmosphere. Divorces are issued all over the world as well, but may only be validly issued by a court with authority or jurisdiction to hear the matter. Consequently, the original court usually retains jurisdiction over enforcement and modification of their issued divorce orders, which can prove problematic when a person moves to another State or country. Click here to read more.

Options for Getting a Spouse Out of the Home

When a relationship starts to go south and spouses begin to consider getting divorced, an early question in this process is often who will stay in the family home and who will leave. This issue can become a huge point of contention, as both spouses likely have rights to be in the home, usually through being listed on a lease or home mortgage. Ideally, the couple can negotiate an acceptable resolution in which one will leave without the need for court intervention. Click here to see more.

Don’t Expect Facebook to Be Private in Divorce

Social media is an important outlet for millions of Americans, and serves to keep people connected with family and friends. These connections are particularly important for moving through a divorce, but the information posted on these platforms can prove problematic if there are images or posts the other spouse could use to challenge claims made by the other party. Click here to see more. 

Does Infidelity Matter in Divorce?

Marriages end for a large number of reasons, but one circumstance that often drives this decision is infidelity by a spouse. Not being able to trust a spouse to remain faithful is a deal killer for most relationships, and is bound to generate a lot of emotional pain. The wronged spouse may also feel compelled to air this information in the ensuing divorce proceedings as a way to retaliate for the bad behavior. Click here to read more.