Divorce in Florida: The Legal Process, Your Rights, and What to Expect - Softcover

Cavanaugh, Shayna; Kirby, Lisa

Softcover

ISBN 10: 1940495989 ISBN 13: 9781940495989

Verlag: Addicus Books, 2016

Inhaltsangabe

Providing accurate and objective information to help make the right decisions during a divorce in Florida, this guide provides answers to more than 350 queries such as What is the mediation process in Florida and is it required? How quickly can one get a divorce? Who decides who gets the cars, the pets, and the house? What actions might influence child custody? How are bills divided and paid during the divorce? How much will a divorce cost? and Will a spouse have to pay some or all attorney fees? Structured in a question-and-answer format, this divorce handbook provides clear and concise responses to help build confidence and give the peace of mind needed to meet the challenges of a divorce proceeding.

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Über die Autorin bzw. den Autor

Shayna K. Cavanaugh has been a family law attorney since she began practicing law in 1996. She has dealt with all aspects of family law including, children's issues/parenting plans, financial issues (distribution of marital assets and liabilities), alimony, child support, relocation, domestic violence and appeals. She has worked with and continues to work with the Shelter for Abused Women and Children since 2004 as their attorney for victims of domestic violence. Ms. Cavanaugh strongly believes in addressing and working with the court to consider any domestic violence, including physical, emotional, psychological, financial, and immigration, in the family as a consideration when developing parenting plans. In addition, she enjoys guardianship law. She was previously the attorney with the Dignity Group which assisted families with developmentally disabled children/adults in securing a guardianship and also has experience with guardianship of minors and mentally incapacitated adults. Ms. Cavanaugh resides in Naples, Florida. Lisa Kirby has been a Family Law attorney since 1999 and has dealt with all aspects of family law, including, but not limited to Dissolution of Marriage actions, Paternity Actions, Domestic Violence issues, Child Support Matters and Family Law Appeals. Lisa Kirby has worked with the Shelter for Abused Women & Children since 2006 and has spoke at training seminars on the legal aspects of Domestic Violence Issues. Lisa Kirby's philosophy is to help assist the client understand the judicial process to empower the client in understanding the court system and the realistic results to be expected in his or her case. Mrs. Kirby aggressively represents her clients interests. Mrs. Kirby received her J.D. from the Cleveland-Marshall College of Law in 1996. She makes her home in Naples, Florida.

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Divorce in Florida

The Legal Process, Your Rights, and What to Expect

By Lisa P. Kirby, Shayna K. Cavanaugh

Addicus Books, Inc.

Copyright © 2016 Lisa P. Kirby and Shayna K. Cavanaugh
All rights reserved.

ISBN: 978-1-940495-98-9

Contents

Acknowledgments, 
Introduction, 
1 Understanding the Divorce Process, 
2 Coping with Stress during the Divorce Process, 
3 Working with an Attorney, 
4 Attorney Fees and Costs, 
5 The Discovery Process, 
6 Mediation and Negotiation, 
7 Emergency: When You Fear a Spouse, 
8 Parental Responsibility and Time-Sharing, 
9 Child Support, 
10 Alimony, 
11 Division of Property, 
12 Benefits: Insurance, Retirement, and Pensions, 
13 Division of Debts, 
14 Taxes, 
15 Going to Court, 
16 The Appeals Process, 
17 What Happens after the Divorce?, 
In Closing, 
Resources, 
Glossary, 
About the Authors, 

CHAPTER 1

Understanding the Divorce Process

At a time when you feel that your life is in utter chaos, sometimes the smallest bit of predictability can bring a sense of comfort. The outcome of many aspects of your divorce are unpredictable, driving up your fear and anxiety. But there is one part of your divorce that does have some measure of certainty, and that is the divorce process itself.

Most divorces proceed in a step-by-step manner. Despite the uniqueness of your divorce, you can generally count on one phase of your divorce following the next. Sometimes just realizing you are completing stages and moving forward with your divorce can reassure you that it will eventually come to an end.

Having an understanding of the divorce process can lower your anxiety when your attorney starts talking about "discovery," "depositions," "mediation," or "going to trial" and you feel your heart start pounding in fear. It can reduce your frustration about the length of the process because you understand why each step is needed. Your knowledge will support you as you begin to prepare for each step along the way.

Most importantly, understanding the divorce process will make your experience of the entire divorce easier. Who wouldn't prefer that?

1.1 Do I have to hire an attorney to get a divorce in Florida?

You are not required to have an attorney to obtain a divorce in Florida. However, if your case involves children, alimony, significant property, or debts, you should at least consult with an attorney before deciding whether to proceed on your own. You may have certain rights and obligations about which you are unaware.

If your divorce doesn't involve any of these issues, it is still advisable to consult with an attorney to discuss the best way to proceed. A person who proceeds in a legal matter without a lawyer is referred to as being pro se (pronounced prosay), on one's own. Most of the forms you will need to be able to proceed pro se are available online at www.flcourts.org at no cost to you.

1.2 What is the first step?

If you decide to consult with an attorney, find a law firm that handles divorces as a regular part of their law practice. The best recommendations come from people who have knowledge of a lawyer's experience and reputation. If you do not feel comfortable asking someone you know, you can call either your local bar association or the Florida Bar Association for a local referral.

Even if you are not ready to file for divorce, but think your spouse may be, call to schedule an appointment right away to obtain information about protecting yourself and your children. The more information you have the better you are prepared if your spouse does files for divorce.

When you contact the attorney for your consultation, ask what documents you should bring to the initial meeting. Try to make a list of your questions to bring to your first meeting. Make sure you are aware of whether and how much the attorney charges for a consultation.

1.3 Is Florida a no-fault state or do I need grounds for a divorce?

Florida, like most states, is a no-fault divorce state. This means that neither you nor your spouse is required to prove that the other is "at fault" in order to be granted a divorce. Factors such as infidelity, domestic violence, or abandonment are not necessary to receive a divorce in Florida. Rather, it is only necessary to prove that the marriage is "irretrievably broken" to have it dissolved.

The testimony of either you or your spouse that the marriage is "irretrievably broken" is sufficient evidence for the court to rule that the marriage should be dissolved. The judge will not ask for information regarding the nature of the problems that led to the divorce or whether any type of reconciliation efforts were made.

1.4 Do I have to get divorced in the same state or country where I got married?

No. Regardless of where you were married, you may seek a divorce in Florida if the jurisdictional requirements of residency are met and the marriage was a legal marriage in the state or country where you were married.

1.5 How long do I have to have lived in Florida to get a divorce in the state?

Either you or your spouse must have been a resident of Florida for at least six months prior to filing the divorce to meet the residency requirement for a divorce in Florida. If neither party meets the residency requirement, other legal options may be available for your protection. If you do not meet the six-month residency requirement, talk to your attorney about these other options.

1.6 My spouse has told me he or she will never "give me" a divorce. Can I get one in Florida anyway?

Yes. Florida does not require that your spouse "agree to" a divorce. If your spouse threatens to "not give you a divorce," know that in Florida this is an idle threat without any basis in the law.

Under Florida law, to obtain a divorce you will only need to testify that your marriage is "irretrievably broken." Evidence of this will be your testimony at a final hearing. It is not necessary to have your spouse agree to the divorce or to allege the specific details that caused the filing of a divorce to obtain a divorce in Florida.

The Divorce Process

To initiate the divorce process, in Florida the following are typically the first steps:

• Obtain a referral for an attorney.

• Schedule an appointment with the attorney.

• Prepare questions and gather necessary documents for an initial consultation.

• Meet for an initial consultation with an attorney.

• Sign a retainer agreement and pay a retainer fee (an initial fee to the attorney to begin your divorce process) to the attorney.

• Provide requested information and documents to your attorney.

• Attorney prepares the summons and petition for dissolution for your review and signature.

• Attorney files the summons and petition with the clerk of the court.

• The clerk will issue the summons and, in some counties, a standing order. A standing order explains your rights and responsibilities while the divorce is pending in the courts.

• Process server serves the summons, petition, and standing order on the respondent.

If you have been served with divorce papers:

• Obtain a referral for an attorney.

• Schedule an appointment with the attorney.

• Prepare questions and gather necessary documents for an initial...

Details zur Ausgabe

• Verlag: Addicus Books
• Erscheinungsdatum: 2016
• Sprache: Englisch
• ISBN 10: 1940495989
• ISBN 13: 9781940495989
• Einband: Taschenbuch
• Anzahl der Seiten: 214
• Kontakt zum Hersteller: Nicht verfügbar
• Verantwortliche Person: gpsr@libri.de; gpsr@libri.de; ; Friedensallee 273; Hamburg; 22763; Deutschland