Divorce and family law combine unique legal rules with emotional burdens. These cases typically include decisions about some of the most private parts of life, such as relationships between spouses, parents, and children. Below are some basic considerations to make when working with a Family Law Attorney in Fort Myers.
Requirements for a Florida Divorce
It’s important to note that Florida refers to divorce as a dissolution. Like many other states, Florida requires at least one spouse to be a resident to file for a divorce. If either spouse is a military member stationed in Florida for at least six months, they can easily meet this requirement.
Second, either spouse must prove that the marriage is broken irretrievably. This standard is fairly easy to meet, and in most cases, the court won’t even ask why the couple wants to divorce. However, the reasoning may be relevant to other decisions such as property distribution, alimony, and parenting plans.
Division of Assets in a Divorce
In the state of Florida, all property is divided as fairly as possible during a dissolution. It means that all marital assets are split 50/50. This isn’t always possible, though, and the family court may need to make adjustments for a fair split. If a person has assets from before the marriage, they typically get to keep them in a divorce. Examples of non-marital property include:
* The Property named in a prenuptial agreement
* Proceeds from a personal injury case
* Gifts to only one spouse
If the spouses agree on asset division, the case won’t go to trial. However, it often takes a skilled Family Law Attorney in Fort Myers to determine the fair division of assets.
Awarding Spousal Support or Alimony
Alimony is an award where either spouse makes regular payments to the other. Most times, the court awards alimony because a spouse’s property holdings or earnings are significantly above those of the other person. In Florida, alimony is often given on a temporary basis to help the lower-earning spouse get on their feet, go back to school to get job training, or balance unequal earning potential. In the last case, alimony is given until the receiving spouse remarries or passes away.
A couple may not need a lawyer if they can agree to conditions in a divorce. In many cases, though, legal help is a necessity. Call Law Office Of James W. Chandler P.A. to schedule a consultation.