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If you fail to answer, the court may enter a default against you. It makes little substantive difference to the outcome of the case, which the judge will attempt to decide fairly (although sometimes unpredictably). On behalf of The Law Office of Gustavo E. Frances, P. A. Some spouses may attempt to hide financial assets once they know a divorce is imminent. Does it matter who files for divorce first in florida rules. For either type of divorce, you must first show: All divorce cases, regardless of type, are handled in the Circuit Court division of the Florida court system. More importantly though, it is advantageous to be the first to plan for divorce.
Generally speaking, few people ever contest whether the marriage is irretrievably broken. The initial divorce paperwork contains the petitioner's statement about the grounds (reasons) for the divorce. What if my spouse is violent or harasses me. Click here for Florida Divorce Pricing or to Email Florida Divorce Questions to the Attorney.
If you file first though, you can shield yourself from some of those costs. Note that a spouse may well be entitled to 1/2 the value of a business including good will, equipment and accounts receivable etc.. (although if the business would no longer generate income if the spouse who works it walks away, then good will may not be a factor). So for example, you filed your case and you believe you have an emergency. Also, you can apply for a distribution of some of the marital assets while the case is pending, if there are extraordinary circumstances. If this is the case, you should talk to an attorney about getting paid if and when the Court orders your spouse to pay your fees. In writing) Your spouse can respond to what you have in the Petition and also file a Counter-Petition asking for whatever they may want. Does it matter who files for divorce first in florida travel information. Truthfully, filing for divorce first does not really give you any legal advantage during your case. Instead, Florida law requires the spouses to tell the court that their marriage is "irretrievably broken" in order to get divorced. Some lawyers suggest that it might make a difference if a particular judge's subtle inclinations in one Florida county over the other. There are numerous factors that the court will consider in deciding whether a "supportive" relationship exists, such as whether the couple hold themselves out as husband and wife, and the nature of their financial dealings.
In fact, they can make requests for temporary orders prior to notifying the other spouse of the divorce filing. We tackle the toughest legal issues with down-to-earth commentary you can use from our expert panel of attorneys which spans Florida from Tampa to Orlando and Miami. The rules provide that a parenting coordinator may be involved in assisting the parties with regard to timesharing. Finally, both spouses must attend the final divorce hearing. If you meet the residency requirements and your marriage is irretrievably broken, a Petition for Dissolution of Marriage is filed which outlines any claims that you have for things like child support, timesharing with minor children, alimony, division of property and debts, etc. 14, although the length of the award cannot be modified, except under exceptional circumstances, and cannot exceed the length of marriage. They are a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time sharing schedule for the parents and child. Any individual spouse can file for divorce in Florida, so you do not have to wait for them to file to get the process moving. Community property is typically anything acquired by the couple during the marriage, while separate property is acquired either before, through inheritance, or by gift. Types of Divorce in Florida: Simplified, Uncontested and Contested | DivorceNet. In states with no-fault divorce laws (Wisconsin, Oregon, Washington, Nevada, Nebraska, Montana, Missouri, Minnesota, Michigan, Kentucky, Kansas, Iowa, Indiana, Hawaii, Florida, Colorado, and California), filing first does not assign a legal advantage or disadvantage. Most states, however, follow the "equitable distribution" model of property division, where the court makes a more holistic decision regarding what is fair.
Hopefully the judge will conclude that your spouse is making the amount of money necessary to support that lifestyle. Does It Matter Which Spouse Files For Divorce First? It Actually Does In Florida. But usually the Court will not sit there and determine who spent more money during the marriage. In Florida, there is no legal advantage to filing for divorce first, with the person filing for divorce (known as the petitioner) getting no preferential treatment from the judge. As a general rule, property acquired during the course of the marriage is divided 50/50 regardless of whose name it's in..
Planning for a divorce allows you to reclaim some control over the process and avoid unpleasant surprises. You are not required to have a lawyer to get a divorce in Florida. So the reason a spouse files for divorce first will also have little impact on the final decisions (unless the spouse believes he or she is in immediate danger of violence). Some of these pieces of advice may come from personal experience, but others may come from myth – or even legal advice that doesn't apply to Florida law! It was well worth the money spent. Does It Matter Who Files for Divorce First. I'd rehire josh and his team any day. The cost of medical insurance for the child(ren).
Whether it would benefit the custodial spouse to stay in the family home for the children. A divorce decree is significant because the divorce process will not be concluded until the decree is issued. If you know that there's no chance for reconciliation, filing first might give you some strategic advantages such as: - Choice of court location. There are two types of divorce in Florida. In a long term marriage where there is a great difference between the earning abilities or financial positions of the parties and one party needs assistance to maintain their lifestyle and the other party has the ability to give that assistance, permanent alimony can be awarded. It can be beneficial to start saving money for the expenses of your divorce or to secure a line of credit to get you through the upcoming months before you formally file and let the cat out of the bag. That is because once you have been served with divorce papers, you have only 20 days to answer in your divorce case. After all, being the one who initiates the process can feel empowering and can help the spouse find emotional closure faster. Any money earned between the date you were married and the date of separation is considered marital property, and any money earned before or after that period of time is considered separate property. Does it matter who files for divorce first in florida pictures. Each jurisdiction has its own list of elements that judges consider before dividing property.
Hopefully at some point short of a trial the case can be settled through compromise by both parties or through the mediation process. The above list may have made filing first sound like a pretty sweet deal, but this strategy isn't without its own costs. These matters have priority in the Court system and do not have to wait until the absolute end of the case. By filing first, you can determine which jurisdiction and court you file in if you can determine where you live when you file. However, an award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are exceptional circumstances. And you can subpoena people for deposition to see what your spouse has, what they are doing, how they are living and what they are spending. What assets are subject to the 50/50 split.
Whether there's going to be Shared Parental Responsibility. A "regular dissolution of marriage" (sometimes called a "regular divorce") may be either an "uncontested divorce" or a "contested divorce. " Do you ever see any circumstances where people feel they shouldn't file first? Many many cases are resolved at mediation. If your spouse has control of all your money, even if it is in a shared account, you could find yourself in a bad spot if your spouse decides to be vindictive. Neither do the courts divide non-marital assets, including inheritances. Plus, if you wait until your ex is ready to file for divorce, some of the assets or property that you believe you have a right to may have already been transferred into your ex's name. It is prudent to first always have a solid plan and have considered all your options before rushing to file paperwork. Being the person who initiates divorce proceedings gives you more control over the timing of the process as well as the location where it takes place. That's why courts will often put in place temporary orders at the beginning of the divorce process, which stay in effect until a final deal is reached in court, negotiations between your respective lawyers, or divorce mediation. Also, in filing first there are some risks. Choice of Court and Jurisdiction.
Note that parenting plans are mandatory. They will take how much separate property each spouse has when deciding. Therefore, in the first 20 days, meet with an attorney who can advise you of your rights and what you should expect from this endeavor. It can be delicate to strike the right balance in your demands, and sharing them gives your ex a concrete reference point to respond to. When minor children are involved, the court might require the judge to review the terms more carefully before approval. How is child support calculated in Florida. Yes, but it is your burden to show that there is an actual danger to the child and not that you just happen to dislike the other parent. Attorneys that are not current team members at Ayo and Iken may be reached through their member listing on the Florida Bar website: