Among the various life experiences, going through a divorce is recognized as one of the most problematic events and its legal procedure may seem too complicated, especially considering an emotional burden already carried by a person. Due to the fact that the laws governing divorce in Florida have been modified, it is crucial to choose an experienced Divorce lawyers west palm beach as this decision can impact one’s financial situation, relationships with children, as well as the level of inner peace for a long time.
In this article, the process of divorce in Florida is highlighted, as it is important to be aware of the key legal aspects.
The Process of Divorce in Florida
One of the main characteristics of the divorce process in Florida is that this is a no-fault state. Hence, it is not necessary to show that a spouse has a fault. Instead, it is enough to show that the marriage indeed has come to an end. To file for divorce, one of the spouses should have been residing in Florida for at least six months. The cases concerning Palm Beach County residents are referred to the Fifteenth Judicial Circuit covering West Palm Beach and surrounding communities.
There are generally two types of divorces which are as follows:
Uncontented divorce. In this type both the couples agree on the major issues such as property division, support and child care etc. These kinds of cases proceed with great speed and with less amount of money used.
Contested divorce. In this type divorcing couples don’t agree on one or more issues and the case includes the following aspects: mediation, discovery and eventually a trial. Even in the contested cases divorce is usually settled before being considered by the judge.
Vital problems in divorce cases in West Palm Beach
Property division
State of Florida uses equitable distribution system. Meaning its assets and debts are divided fairly but not always in equal manner that is 50 to 50. Mean marital properties including estates, retirement plans, companies, capital investments and cars. Problems appear in case they need to be assessed properly and in cases when the issues arise in attachment to real estate.
Alimony
In Florida, new laws have come into effect that are intended to reshape the relationship between spouses who separate or divorce. Today, it is impossible to obtain permanent alimony because there are no grounds for that. The courts can give different types of alimony (temporary, bridge-the-gap, rehabilitative, durational). Rehabilitative alimony is provided under the condition that there must be a corresponding program of education or training available to the spouse asking for alimony. The case with the durational type is different. That is because amount and its duration depend on how long the spouses were married.
Parenting Plans and Time-Sharing
The word “custody” is not used in Florida anymore. Instead of that, parents devise a parenting plan. If both partners fail to agree on a plan, the court will make the decision that is in the best interest of the child. A good parenting plan can help parents avoid years of quarrels.
Child support is calculated according to the state guidelines based on both parents’ earnings, the total number of nights spent with each parent, and the necessary expenditures like health insurance and childcare. Since the calculation process involves division of time for parenting, it is highly important for the issues of parenting and child support be closely tied together.
Importance of Local Knowledge
The essence of family law can differ dramatically from place to place. Thus, one who is used to working on cases for clients living in Palm Beach County has a huge advantage as he/she knows how local judges resolve various matters; is aware of court procedures; and can name the most respected mediators and financial professionals in the area. All of this knowledge can help save one much time and money and avoid many potential troubles.
Things to Take into Consideration when Selecting a Divorce Lawyer
When looking for the right divorce lawyer in Palm Beach County, keep the following points in mind.
Expertise in family law. Prefer professionals who have mostly been practicing divorce law.
Communication skills. Pick a lawyer who can explain you everything plainly and answer your questions on time.
Custom-made plan for your needs. You might need to negotiate in some situations or litigate in other cases. It is important to have a qualified attorney who can assist in the selection of the right option for you.
Know what you will be paying. Ask your attorney how he/she charges for the services provided.
Going for the court trial. In the event you want to settle your case out of court, you still need an attorney who is capable of presenting your case properly.
Mistakes to avoid
Moving away without a plan. Leaving the place you used to reside at with your spouse may have an impact on your financial state or parenting.
Concealing money. Florida law states that the parties should provide their financial disclosure to the court. Any untruthfulness can ruin your case immensely.
Using social media at the crucial moments. Don't put everything about your relationships, spending, etc. on social media – it can backfire on you.
Making decisions based on feelings. Emotions like anger, guilt may lead to agreements you will regret later on.
Not asking for the advice in time. Early guidance helps you protect your rights and plan ahead.
Preserving Your Future
Divorce is not just the closure of a chapter—it also marks the beginning of another chapter in one’s life. The arrangements you make now will have great effect on how your life will emerge in the future. Retaining some legal support can be extremely useful whether you need to find a way to settle your finances, or protect your children, business, or retirement account.
Book a Private Consultation
If you want to get divorced or have received papers for divorce, you shouldn’t have to deal with it on your own. An initial consultation with a Divorce attorney west palm beach garden can help you comprehend the legal implications of your actions.
