In our last post on alimony we listed the statutory criteria in Florida for determining whether alimony awards are appropriate. We continue this discussion. Keep in mind that whether alimony awards occur or not first and foremost depends on whether there is a need for support of one spouse and an ability to pay on the part of the other …
Getting Divorced: A “Simple” Thing?
You and your spouse have decided that you no longer want to be married. You think that getting divorced will be simple, because you pretty much already agree on everything. While that agreement certainly helps smooth the process, it may not be as simple as you may think. Many people think – often mistakenly – that a “do-it-yourself” divorce will …
Alimony in Florida
Alimony is the payment of money from one divorcing spouse to another, made after the separation or divorce. The concept of alimony has been around at least since the time of the ancient Babylonians, so it is nothing new. The purpose of alimony is for support and maintenance of a former (or soon-to-be former) spouse. Alimony is separate from child …
Best Interest of the Child Part 3
In our two prior installments on this topic (Part 1 and Part 2), we have been looking at what the Florida courts consider when determining the “best interest of the child.” While most states use this standard, Florida has very specific criteria to determine time-sharing based on the best interest of the child. These criteria are set out in the …
How Are Debts Divided In A Divorce?
It’s not an easy choice, but you have decided to end your marriage. There are so many questions surrounding this decision, such as parenting responsibility and property settlement. One important aspect of a divorce is what happens to the debts that you have accumulated during the course of your marriage. Of course, if you and your divorcing spouse can come …
Best Interest of the Child – Part 2
In the first article in this series we talked about how courts determine custody (in Florida, time-sharing) using the “best interest of the child” standard. Most states use this standard, but some states keep the definition of the phrase very vague, leaving interpretation to the judges. Florida sets out very specific criteria for determining the best interest of the child, which …
How Is Child Custody Determined?
In Florida, when parents are getting a divorce, one of the major issues is who will have primary custody of the children. Actually, it is not even called “primary custody” in Florida; the term used now is “time sharing.” It used to be that mothers were considered the best parent to have primary custody. That line of thinking has gone …
Who Gets The House After The Divorce?
In the dissolution of a marriage, Florida is an equitable distribution state. This means that all marital property will be split equally unless there is some reason not to do so. For many couples, their house is their largest asset. Assuming that your house was purchased during your marriage, and that the home is held jointly between the spouses, there …
Courtroom Etiquette – What Do I Say, Where Do I Say?
Your Day In Court The day of reckoning (for your marriage, anyway) is almost here. You are probably a little nervous about your court appearance. Your attorney should help prepare you for this appearance, but we offer a few tips here to try to calm the nerves. What to Wear? The biggest thing to understand about choosing what to wear …
How to Choose the Right Attorney for Your Case
There are lots of listings online and in the yellow pages (if anyone even uses those anymore!) for divorce attorneys. It can be daunting trying to figure out who will best represent your interests. How to choose the right attorney for your case is a complicated decision that requires clear thinking.Contemplating divorce can be emotionally trying, and all that information …