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Tel: (321) 527-3160 Fax: (321) 527-3250 Email: FERRERLAW@YAHOO.COM
7523 Aloma Ave. Suite 211 |
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AREAS OF CONCENTRATION
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The decision to divorce should not be made lightly. Divorce is emotionally difficult for all parties. If there are children involved, even more so. There are also financial considerations. For instance, in certain cases your family’s income can ended up having to support two households instead of one for a period of time.
Before deciding whether or not to divorce , both parties should attempt to reconcile by attending counseling. For some marriages however, counseling is not feasible or has not worked in the past. If this is the case, before you actually separate or file for divorce—legal counsel should be sought from a good divorce attorney. Pay the consultation fee, it will be worth it to find out what legal rights you may or may not have before filing for divorce.
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Thinking About Divorce? |
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The Divorce Process Explained: |
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Divorce is a different process for every one. The legal term for divorce is called a dissolution of marriage. There are four main types. 1) Dissolution of marriage with children and property, 2) Dissolution of marriage with children and no property, 3) Dissolution of marriage with property and no children, 4) Dissolution or marriage without children or property (also called a simplified divorce).
Each divorce is started by filing with the Court to dissolve the marriage. There is currently a filing fee of $418.00. If you and your spouse can reach an agreement as to all your issues, at the time you file you may also file a Marital Settlement Agreement. If you have children, you would take the parenting class and then proceed on to getting your final judgment of Divorce.
If you and your spouse are not able to agree on your issues , you will have to have your spouse served with the petition to dissolve your marriage. Once your spouse answers the petition, you and your spouse will have to go to mediation. If you and your spouse still cannot resolve your issues in meditation, you will then have to set a date with the Court so that a judge can dissolve your marriage.
The judge will at that time make a decision on all the issues that you and your spouse did not agree. If you have children, you will have to take the parenting class before the judge can enter a final judgment of divorce. Please see more below for some of the different kinds of divorces.
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Dissolution of Marriage without Children or Property Simplified divorces are the easiest . This means that you and your spouse have nothing in common and you just really want to get divorced. Both husband and wife just need to state under oath that they have no minor children together and nothing of any value to share, such as homes, debts, credit cards etc…... |
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Dissolution of Marriage with Children and Property
If you are in this category and are thinking about divorce, the issues that may need to be resolved are the following: 1) Divorce (2) Child support (3) Child support arrears (3) Tax exemption (4) Visitation and time sharing (5) Alimony (6) Real Estate issues (7) Furniture (8) Pension (9) 401(k) (10) Bank accounts (11) Credit card bills. Property does not necessarily mean real estate property. Property also means all marital assets and marital liabilities. Marital assets are anything that you and your spouse have of value that you gained during the marriage. Marital liabilities are any debts that you and your husband have incurred during the marriage. Florida law states that in a divorce (unless there is justification otherwise), the Court has to equally distribute the parties marital assets and liabilities. You will need to get a copy of your titles, deeds, debts, and credit card bills so you can let the Judge know what marital assets and marital liabilities you and your spouse have in common. . If you own a home with equity, You may also need to get your home appraised in order to determine the equity amount in the home. You will need to know the date of your marriage, your separation date, how much income your spouse makes and you will also need to start thinking about how the visitation between your children will occur after the divorce. |
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Dissolution of Marriage with Children and No Marital Property
If you are in this category and are thinking about a divorce, the issues that may need to be resolved are the following: (1) Divorce, (2) Child support (3) Child support arrears (3) Tax exemption (4) Visitation and time sharing (5) Alimony. You will need to know the date of your marriage, your separation date, how much income your spouse makes and you will also need to start thinking about how the visitation between your children will occur after the divorce. |
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Dissolution of Marriage with Property and No Children
If you are in this category and are thinking about a divorce, the issues that may need to be resolved are the following: (1) Divorce, (2) Alimony (3) Real Estate issues, (4) Furniture (5) Pension (6) 401(k) (7) Bank accounts (8) Credit card bills. Property does not necessarily mean real estate property. Property also means all marital assets and marital liabilities. Marital assets are anything that you and your spouse have of value that you gained during the marriage. Marital liabilities are any debts that you and your spouse have incurred during the marriage. Florida law states that in a divorce (unless there is justification otherwise), the Court has to equally distribute the parties marital assets and liabilities. You will need to get a copy of your titles, deeds, debts , and credit card bills so you can let the judge know what marital assets and marital liabilities you and your spouse have in common. If you own a home with equity you may also need to get your home appraised in order to determine the equity amount in the home. You will need to know the date of your marriage, your separation date, how much income your spouse makes and you will also need to start thinking about how the visitation between your children will occur after the divorce. |
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The hiring of a lawyer is an important decision that should not be based solely on advertisement. All potential clients are urged to make their own independent investigation and evaluation. Before you decide, ask The Law Office of Sherea-Ann Ferrer, P.A. to send you free written information about her qualifications and experience. |
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***DISCLAIMER:
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. |
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SERIOUS ISSUES. SERIOUS ATTORNEY…(321) 527-3160 |