When individuals decide to marry, they vow and commit to become each other's partners for a lifetime. Often however, events occur throughout the duration of the marriage that make the relationship between the two individuals implausible. As such, a divorce may become necessary. There are varying options available to spouses looking to divorce and Gainesville divorce lawyers at the Law Office of Silverman, Mack & Associates can guide your family toward the most suitable option.
Types of Florida Divorce
In the state of Florida, there are numerous types of divorces and alternative options to dissolve a marriage. Couples wishing to divorce should strongly consider their relationship with and between each other, the presence and needs of their children, and their unique needs and desires when deciding on the appropriate form of divorce. Divorce law firms can assist with the overall process.
Business & Divorce
Business and divorce is extremely complex. There are many specific rules to be followed and criteria that dictates if, how and when a spouse should receive assets from the business during a divorce. A Gainesville divorce attorney at the Law Office of Silverman, Mack & Associates can help you understand the many facets of business and divorce.
Common considerations involved in business and divorce include:
- The integrity of the company: When a spouse works within a company, he/she may have full access to how the company is run and the tactics that are employed to be competitive. This can compromise the integrity of the company.
- The expansion of the company: When a business expands, it raises the concern of how a business will be valued and who will be entitled to such assets.
Who’s Entitled to Business Assets?
The major factor in business and divorce is determining entitlements. In other words, which spouse deserves which share of the business, if at all? It depends on when the business was established and how the business was influenced.
Consider, for example, the following scenarios:
- Spouse X owned a business before marrying Spouse Y. Spouse Y did not contribute to the business in any way. Therefore, Spouse Y is not entitled to any of the profit, shares or assets of the company.
- Spouse X owned a business before marrying Spouse Y. Spouse Y contributed to the company through measurable ideas (must be proven via evidence) and/or funds. Therefore, Spouse Y is entitled to a certain share of the business.
- Spouse X and Spouse Y established a business together. Both Spouse X and Spouse Y are entitled to shares (likely 50 percent) of the business.
Although it may seem simple, business and divorce is a complicated field and a Gainesville divorce lawyer can make understanding the overall process easier. Typically, a business that is established before a marriage is not at stake during divorce. This is known as non-marital property. Non-marital property is typically not included as estate in divorce. In other words, non-marital property cannot be distributed. However, with strong, compelling evidence, it can be proved that a spouse’s subjective contributions (i.e. support) contributed to the success of the company. As such, the business may very well be included as property to be distributed between each party.
Meanwhile, marital property (or assets obtained during the divorce) is considered part of the marital estate, and will absolutely be distributed between spouses during a divorce.
How Debts & Assets Are Handled
Debts and assets are considered during divorces and distributed equitably between spouses. It is, in fact, common for spouses to walk away with both debt and assets after a divorce, if both are factored into the marital estate. As such, it is best to speak to a family divorce lawyer to understand how your assets and liabilities will be measured, valued and divided during a divorce.
Collaborative divorce is a legal proceeding that adheres to the guidelines of collaborative law. Unlike traditional divorce proceedings, collaborative law requires spouses to hire individual attorneys and meet with them regularly to discuss needs, desires and assets. Then, each spouse and their respective attorney meet together (in a 4-way meeting) to further negotiate and establish the terms and conditions of the divorce. These private meetings require an open and honest environment that is initially protected by a binding document that both participants are required to sign. This document outlines the importance of acting in good faith during collaborative proceedings. For spouses looking to divorce under peaceful negotiations, collaborative divorce may be the most suitable. However, spouses should be advised that if they are unable to reach a settlement, their respective attorneys are required to leave the case. As a result, more money and time will be required. Hence, it is best to work with divorce attorneys in Gainesville, FL to determine if a collaborative divorce is beneficial for your family.
How Collaborative Divorce Works
Collaborative divorce is derived from collaborative law, which is a modern method of solving disputes through mediation and soft negotiating techniques. Often referred to as “no court divorce,” collaborative divorce allows spouses to work together to achieve a settlement that honors the wishes of both individuals. Spouses seeking to gain a collaborative divorce are typically able to agree to basic divorce issues such as how property will be distributed, if spousal support is necessary and how the needs of any children will be met. Here's how collaborative divorce works:
First, spouses wishing to obtain a collaborative divorce are required to review and sign a participation agreement. This contract specifies how the divorce proceedings will be organized. It also includes basic rules for the divorce. For example, if the couple decides that collaborative divorce is an inefficient option, they are not allowed to keep their same attorneys. In fact, they must fire their respective attorneys. Further, the participation agreement requires each spouse to act in good faith. This means that divorcing couples are expected to be fair and forthcoming during the process. They should avoid actions rooted in malicious intent.
Next, each spouse is assigned a divorce lawyer in Gainesville, FL. Each individual meets with their respective attorneys separately to discuss their wishes, needs and expectations from the divorce. As the process of collaborative divorce continues, these separate meetings become standard routine.
After meeting separately with their respective attorneys, the spouses (and their attorneys) meet regularly in a negotiation room to present reach a settlement.
Depending on the dynamics of the divorce, other officials may be invited into collaborative divorce proceedings. For example, a divorce with young children may require the expertise of a child specialist. A family law attorney in Gainesville can help you locate an experienced professional. During high-asset divorces, the assistance of a finance professional, such as an accountant, may be necessary.
Once a settlement is reached, the terms and conditions of the divorce will be drafted into a contract.
Benefits of Collaborative Divorce
There are many benefits to gaining a collaborative divorce. Gainesville attorneys have found that collaborative divorce offers the following advantages to divorcing spouses:
- Collaborative divorce is less costly than traditional divorce proceedings.
- Collaborative divorce is less time consuming than traditional divorce proceedings.
- Collaborative divorce allows spouses to work together toward reaching solutions.
- Collaborative divorces offers an informal approach to divorce, allowing spouses to be open and honest with each other.
- Collaborative divorce allows each spouse to have access to a lawyer for further security that all negotiation needs will be met.
Arguably, the most appealing aspect of collaborative divorce is that divorcing spouses do not ever see a courtroom. This provides a sense of security and relief to many couples who fear that their divorce will be long, traumatic and damaging.
To determine if a collaborative divorce is suitable for your needs, you should rely on an experienced Gainesville divorce attorney. Not only will you obtain legal advice and guidance, but you will have assistance with negotiating fair terms and understanding your rights. Collaborative divorces are favorable because they allow divorcing spouses to exercise autonomy over divorce disputes. However, one may not be able to properly secure his/her rights, privileges and entitlements without sound legal representation.
Divorce with Young Children
Divorcing with young children requires additional investigations and support. Not only must the individuals within the marriage separate, but a plan must be established to protect the well-being of the children. Often, an in-depth investigation of each parent’s character and parenting style is required to determine which parent will serve as the custodial parent. Careful attention is paid to children during divorce to ensure that their needs, growth, education and development are supported. As such, child support and child custody/time sharing plans will be established during divorce proceedings. Because young children often do not understand divorce or the implications therein, parents may consider contacting a family divorce lawyer to assist with the process of informing and educating young children, as well as preparing young children for court proceedings.
Young children are often unable to wrap their minds around why their parents are gaining a divorce. They do not have the capacity to understand what a divorce truly means and often experience feelings of uneasiness, guilt and blame. Further, there are legal and financial matters regarding the child that must be solved. This makes divorce with young children an emotionally demanding experience. Fortunately, divorce lawyers in Gainesville, FL can make divorce with young children simpler.
Common Issues | Children & Divorce
During most divorce proceedings, issues such as property distribution and spousal support are the only matters at hand. With divorces involving young children, however, there is so much more to consider. As a result, divorces with young children are often prolonged and a complicated process. A Gainesville divorce lawyer at Silverman, Mack & Associates can guide you through these common issues.
Children’s Experience with Divorce
At Silverman, Mack & Associates, as well as at every court of law in the state of Florida, the main priority during divorce with young children is the wellbeing and safety of the children involved. It is common for children to have a difficult time coping with divorce. Children have been known to experience significant behavioral changes, ranging from the development of violent tempers to isolation. They are at vulnerable ages and may require additional support, such as therapy and counseling. The developmental, educational and health needs of the child must always be considered above all other factors of the divorce. A family divorce lawyer at Silverman, Mack & Associates can provide you with methods to reassure your children that everything will be okay.
Child Abuse & Neglect
If there is evidence that a spouse has sexually, mentally or physically abused a child, or if there are allegations of child neglect, young children may be required to testify in a court of law and undergo other legal proceedings. A Gainesville attorney can guide your child through this process to ensure that he/she feels confident, safe and prepared to express the truth. These types of investigations are significantly relevant to not only ensure the safety of the child, but to ensure that the child is placed with the proper custodial parent. If a spouse is considered to be an unfit parent, he/she will not be assigned as the custodial parent, let alone obtain visitation rights.
Child Custody & Visitation Plans
With frequent medical appointments, school demands and extracurricular activities, it can be difficult to develop a comprehensive parenting plan. This process is much more complicated for spouses who work long and/or non-traditional hours. Who will transport the child to and from school (as well as practices, recitals and other extracurricular activities)? Who will the child spend most of his/her time with? When and how often will the noncustodial parent be allowed to visit the child? How will the child’s needs be met?
During divorces with young children, a custodial (the parent whom the child will live with) and noncustodial parent must be established. A visitation schedule must be assigned. A timesharing plan must be developed. A divorce attorney in Gainesville, FL can assist your family with crafting an efficient and reliable child custody and visitation plan.
Florida Divorce with Children FAQs
If you are concerned about how divorce affects children, or how to protect the needs of your children during divorce, you should contact a Gainesville divorce lawyer at Silverman, Mack & Associates.
Are children able to understand divorce at a young age?
When divorce occurs, children are able to sense that something is wrong or that there has been a change in the structure of the family dynamic. Toddlers and other young children may not be able to detect the exact reason for the shift. Older children, however, are usually able to understand the effects that divorce may have and this may result in ill feelings.
What impact will divorce have on my kids?
Divorce may certainly have an impact on your kids. Consider the following common effects of divorce on children:
- Adjustments in child scheduling and routines
- Frequent travel
- Split time between parents
- Ill feelings (disappointment, trauma, sadness, bitterness, guilt, etc.)
- Dependence on coping mechanisms
- Behavioral changes
Will my divorce be bad for my children?
Divorces can be traumatic for children. They may feel overwhelmed, sad, disappointed, or even depressed following divorce. Many children believe that divorce is their fault. Or, they worry that the family is destroyed. These are all common and normal feelings associated with divorce. The best method for you to employ as a parent is to maintain open communication with your children. Ask them how they feel about the divorce, correct any misconceptions, be honest, and address issues early on. By doing this, your children will be more likely to adapt to the new circumstances, as opposed to letting the family shift harm their emotional well-being and health. There is always a way to turn a divorce into a positive experience for children.
How are children able to cope with divorce?
Children develop coping mechanisms naturally. They may block out the memory of a divorce or pretend that a divorce never occurred. Some children rely on external objects to cope, such as sports, extracurricular activities, and imaginary friends. Others “act out” or misbehave in efforts to gain attention from parents, teachers and other figures. There are also cases in which children will isolate themselves, become excessively timid, or emotionally withdraw. To ensure that your child handles divorce in a manner that is healthy, you should always be sure to maintain open communication with him/her. You may also consider investing in a child or family counselor.
Do I need a lawyer for my child?
Hiring a lawyer for your child is always beneficial. This ensures that your child’s needs and interests are met. It will also ensure that your child is placed in a suitable environment that promotes safety and proper child growth and development. Visit our Florida family law firm if you are interested in legal representation for your child.
Why is a guardian appointment for my child necessary?
During divorce, it may be best for your child to be placed under the care of a loved one or appointed guardian. This ensures that the child does not develop any biases about either one of the parents involved. An additional reason why divorce may be necessary is to ensure that a child’s health and financial needs are met during the course of divorce.
For what reasons would my child need a lawyer?
Your child may need a Gainesville lawyer for the following reasons:
- To ensure that your child is placed in a home with the appropriate custodial parent
- To protect your child from sustained injuries resulting from child neglect or child abuse
- Determine child custody and visitation arrangements
How do I know if I should request a lawyer for my child?
Speak to an attorney about your concerns pertaining to your child. This will help you to make a decision. Even if there does not exist any extreme cases that may threaten your child’s safety and well being, a lawyer can always help.
What happens if my request for a child lawyer is denied?
If your request for a child lawyer is denied by a court of law, you must rely on your divorce attorney in Gainesville, FL. Divorce attorneys are trained to handle child issues because these type of concerns are commonly seen in divorce. Simply be honest and clear with your attorney about the needs and interests of your child. As a result, when representing you, your attorney will be inclusive of your child’s needs.
What type of work will my child’s lawyer do?
Your child’s lawyer will perform the following tasks:
- Arrange inspections of your home (in certain cases)
- Interview your child
- Review your child’s health and school records
- Advocate for your child in a court of law
- Bring forth child experts and other professionals on a divorce case
- Prepare your child for court proceedings
How will the lawyer determine my child’s best interest?
By working closely with your child and reviewing his/her health and school records, your child’s lawyer will have a solid understanding of what your child desires and needs.
Am I required to provide assistance to the lawyer?
Yes. If you hire a child lawyer, you are required to cooperate with him/her to ensure that a relationship between the attorney and the child prospers. This means that you must provide the lawyer with any and all requested documents. Furthermore, you are responsible for transporting your child to and from scheduled meetings.
Who affords attorney fees on the behalf of my child?
If you hire a child lawyer, you and your co-parent are responsible for handling fees associated with legal representation. If there are severe financial conditions that prevent you and your co-parent from affording these fees, and if a child lawyer is absolutely necessary for your case, a court of law may assign a child attorney free of charge.
How should I go about requesting a lawyer for my child?
You may make your requests known with a judge. Or, you can speak to attorneys at our firm.
For more information on divorcing with children, do not hesitate to contact Silverman, Mack & Associates.
It is a well-known fact that children are expensive. Medical appointments, school uniform, extracurricular activities, after school/daycare services, food and traveling expenses add up quickly. During divorces with young children, judges carefully consider the financial status of each parent. Factors such as the level of income, expenditures, federal benefits (i.e. social security payments), type of job, level of education, skills and debt of both parents are considered to determine how the child’s basic needs will be met. In some cases, child support may be assigned to the parent that 1) was the original/sole provider of the family before the divorce; 2) makes a significant larger amount of money than the other parent; and/or 3) has been proven to be an unfit parent.
There are many Gainesville divorce law firms, but no firm matches the level of empathy and expertise offered at Silverman, Mack & Associates, especially when it comes to complicated divorce proceedings such as doctor’s divorce.
Common Issues in Doctor’s Divorce
There are many issues faced during doctor’s divorce that are unique to other types of Florida divorce proceedings. Aside from doctors working a hectic and unusual schedule (which are factors often employed to suggest blame and fault during divorce proceedings), they also accumulate a ridiculous amount of debt as a result of many years of education and formal training.
Due to such issues, the division of property during doctor’s divorce is difficult. Often, spouses independently support the family while doctors receive an education. This makes it difficult for courts and accountants to determine an equitable asset distribution. Further, because doctors work around the clock, time sharing arrangements and child custody plans are difficult to establish. Therefore, it is best that spouses involved in a doctor’s divorce seek advice and guidance from an experienced family divorce lawyer in Gainesville, FL.
The Status of Doctors Impacts Property Distribution
Doctor’s divorce is considered a type of high-asset divorce. There are lots of numerical figures, property, assets and money to be accounted for and distributed between divorcing spouses as marital property. Unlike other wealthy professionals, there are many factors that must be considered when determining the net worth and value of a doctor. This measurement is often an account of more than just what is in a doctor’s bank account. Gainesville divorce lawyers have consistently found that a doctor’s level of worth is directly contingent upon his/her stage within the medical field.
During doctor’s divorce, accountants may consider any of the following materials as indicators of a doctor’s assets:
- The type of medicine that a doctor practices
- Any and all published research and texts
- The number of years that a doctor has been involved in the medical profession
- Levels of experience
Once these factors are considered, accountants are able to determine the net worth of doctors in order to determine the appropriate amount of debts and assets that should be distributed as marital property during divorce.
No matter what stage of your career you are in, it is vital that you contact a divorce attorney in Gainesville, FL for representation. An established doctor will most likely be deemed as having a considerably higher value than a doctor in school for training, or even a doctor in residency. In fact, the more years of experience and establishment that a doctor has within the medical field, the more valuable he/she will be perceived during divorce proceedings. To protect your assets, allow a divorce lawyer to assist you.
Family Divorce Lawyers in Gainesville, FL
At Silverman, Mack & Associates, our Florida divorce attorneys respect the work and service that doctors provide for the benefit of our communities. There is no reason why a divorce should lead to the financial demise of a respected doctor, a doctor in residency, or even a doctor in training. Our Gainesville divorce firm understands the unique issues faced by doctors during divorce and we work patiently and flexibly to provide secure guidance and legal expertise.
Allow our team to represent you during a doctor’s divorce. We can heal the legal damages.
High-asset divorce is the technical term utilized to describe a divorce that has complex issues and/or significantly large estates. Often, millions of dollars must be calculated and distributed during high-asset divorces. Most high-asset divorces involve prominent individuals in society such as executives, business owners, doctors and lawyers. Because of the large amount of earnings that these professionals make, it is easier for them to lose large portions of their assets during divorce. As such, the divorce proceedings require experienced divorce attorneys in Gainesville, FL, to account for each party’s property and to help clients reach a favorable outcome.
Special Precautions Before A Divorce
Before a high-asset divorce becomes necessary, there are special precautions that couples can take to ensure that their property is protected.
For example, many couples elect to establish a prenuptial agreement (before the marriage) or a postnuptial agreement (during the marriage). These special documents are employed to establish the terms and conditions of a given marriage. They dictate how funds and resources will be distributed if a divorce becomes necessary. In most cases, prenuptial and postnuptial agreements specify that each party leaves the marriage with the assets that each party had before entering the union. However, depending on the unique needs of each party, as well as the presence of children and business developments, the agreements may contain other specific orders. Prenuptial and postnuptial agreements serve as beneficial guides that govern the divorce process. Parties are able to decide early on what they are willing to divide and this makes it easier for the final terms of the divorce to be enforced. Divorce law firms in Gainesville, FL, can help you decide if a prenuptial and/or postnuptial agreement is appropriate for you.
In addition to drafting important contracts, individuals should keep an organized record of their finances, including non-traditional forms of assets and liabilities. Items such as charity donations, stocks, income, expenditures, property and shares should be kept updated and accounted for. This makes the divorce process simpler.
Common Issues in High-Asset Divorces
During high-asset divorces, many issues can emerge that can prolong and complicate the divorce proceedings.
Hostile feelings. Being hurt by someone who you pledged your life to can be a devastating experience and it often contributes to poor decisions during divorce. Because of hostile feelings of the desire to gain revenge against the opposing party, many individuals choose to fight for ridiculously large percentages of the other’s profit, or purposely behave in a non-cooperative manner during negotiations.
Although feelings of sadness or hurt are normal during divorce, they should not be allowed to govern or motivate decisions. It often results in significant harm to the relationship and further complications during the divorce.
Lack of agreement. Many times, spouses have a difficult time agreeing to the terms and conditions of a divorce. Whether it is alimony, spousal support or child sharing arrangements, many people are simply unable to reach a consensus.
Failure to disclose all financial records. The truth about individuals with top businesses and/or high assets is that they often have more than one source of income and multiple locations in which their money is stored. In order to ensure that all funds are accounted for to accurately calculate and distribute assets during a divorce, it is imperative that both parties locate and present all of their financial records (including secret bank accounts). Failure to do so may compromise the equitable distribution of property process.
Highly Contested / Contentious Divorce
Highly contested divorces involve spouses who are unable to agree on the terms and conditions of the divorce, such as distribution of assets/property, alimony and time sharing of children. Because of the inability to agree, the spouses seeking to divorce will often run into further issues. Contested divorces require strong legal representation, expensive fees and a lengthy divorce proceeding. However, for individuals wishing to ensure that their unique needs are protected during a divorce, they should rely on experienced divorce attorneys.
What Is Considered Highly Contested Divorce?
Although there are multiple strategies and methods of divorce proceedings that spouses may opt for, divorces can be categorized in two distinct categories: uncontested divorces and contested divorces. While the former refers to divorces in which spouses are able to agree and collaboratively work on solutions, the latter reflects circumstances in which spouses are unable to reach agreements on marital issues. Spouses involved in contested divorces typically experience disagreement on issues such as child custody and time sharing arrangements, spousal support/alimony, property division and debt division. So, what exactly is a highly contested divorce?
A highly contested divorce involves large assets, bigger personalities, and most importantly, individuals who are unwilling to compromise. If you are involved in a highly contested divorce, you will need representation and guidance from a qualified divorce lawyer.
Consider the following common qualities and behaviors that may dominate highly contested divorces.
- Unyielding disagreement on divorce issues
- Delayed responses to paperwork
- Misrepresentation of assets and debts
- Protracted custody battles
- Mental abuse, brainwashing and bullying from one spouse to another
How Divorces Become Contentious
Divorce lawyers in Florida are able to grasp the concept that spouses looking to divorce are human. When individuals choose to marry, they make spiritual vows to each other and most couples operate life with each other for years, even decades. These types of backgrounds make divorce all the more emotional and unfortunately, the actions and decisions made during highly contested divorces stem from unhealthy motivators.
Most highly contested divorces result from unresolved and/or hurt feelings. If adultery occurred during the marriage, for example, an individual may wish to obtain revenge on the other spouse by refusing to agree on an issue or by aiming to make the other spouse suffer financially. In other cases, an individual may wish to remain married with his/her spouse. By complicating and prolonging divorce proceedings, this type of individual may perceive that his/her actions may cause the counterpart to surrender.
Florida divorce lawyers have consistently found that divorces become much more difficult than they have to be due to the sole fact that divorcing couples have not gained emotional closure. This is why it is so important to consult with an attorney if you are considering a divorce. With such important matters regarding finances, legalities and children (if applicable) at hand, you should be aware of your rights and responsibilities during divorce, so that you may act wisely and logically.
There Are Few Advantages to Highly Contested Divorces
A highly contested divorce is not fun for anyone involved. The divorce proceedings mirror traditional divorce proceedings; but, highly contested divorces are longer and more exhausting. Spouse's inability to discuss issues effectively, negotiate, agree and compromise result in prolonged and complicated processes. Further, young children may be dragged along during the process. This may result in unnecessary instability and disruptions of otherwise healthy childhoods. Children are often unable to process what divorce truly means. A drawn out divorce may negatively impair their judgement, self-esteem, cognitive and developmental growth, and general understanding. Further, divorcing spouses should note that when spouses are unable to agree, the judge renders the decision based off of the information provided. As such, the desires of each spouse are never guaranteed. The judge will likely act in accordance with the law and what he/she may perceive as best. For some, a highly contested divorce ends up being a waste.
However, there may be a few advantages to highly contested divorces. If a spouse fights hard enough for what he/she wants out of the divorce, the other spouse may give in (perhaps out of exhaustion or a strong desire to end the process). Individuals who were abused during marital relationships often feel empowered when they are able to take this type of control. For others, a highly contested divorce may result in a greater settlement.
The outcome of highly contested divorces vary. Every marriage is different. It follows that every divorce is also different. If you suspect that you are entering a highly contested divorce, you should speak with a divorce attorney in Gainesville, FL.
Military divorce, like doctor’s divorce, is often extremely complicated. With consistent traveling and long deployments, military marriages and divorces often present unusual obstacles and disputes. Money and/or the distribution of assets becomes a major issue between married couples. Further, it is difficult to establish child care agreements. It is best to contact an experienced divorce attorney to assist with military divorce proceedings to ensure that they operate as smoothly as possible.
Every divorce can become overwhelming and complicated if you do not know the proper proceedings. However, military divorces have their own set of special regulations you will need to become aware of. Military divorces are settled with both federal and state laws and there are many options not available to civilians seeking standard divorces. The federal laws determine where the court proceedings will take place and how pensions are divided, while state laws focus on child custody and alimony. Not just any divorce attorneys Gainesville, FL offer will suffice; instead choose Gainesville attorneys at the Law Office of Silverman, Mack & Associates who are knowledgeable about military divorces and will keep you informed throughout the entire process.
Where to File for Divorce
In standard civilian divorces, the spouse filing for divorce will register in the state in which one of the spouses has a legal residence. However, during military divorces, you have a variety of options. You can file for divorce in the state where the service member has residency, the non-military spouse lives or where the service member is stationed. Once the divorce is filed in a particular state, proceedings will continue according to the laws of that particular state. Therefore, before any action is taken, it is vital that you seek the advice of the best divorce lawyers Gainesville, FL has to offer.
Child Support and Alimony
The various branches of the military believe strongly that every service member should provide for their children, even after a divorce or separation. Therefore, each branch of the military, with the exception of the Air Force, has a specific requirement for the amount of child support each member should pay. However, the court can alter this number if it does not align with the requirements for the specific state the divorce is filed in. Further, child support may be provided through what is known as garnishment, or wage assignment. Garnishment provides the spouse with child support through direct payments before the military member receives their paycheck to ensure this fee is always paid on time and in full. This method can also be used for alimony. In Florida, the combined payments for both alimony and child support are limited to 60 percent of the service member’s paycheck.
Health Insurance Following a Divorce
The amount and availability of health insurance for a non-military spouse is dependent on the length of the marriage. If a couple is married for at least 20 years while one of the spouses is active in the military, they will qualify for the 20/20/20 rule. This means they have been married for 20 years, there is a record of 20 years of active service and a 20 year overlap of the two. The non-military spouse is then able to receive health care coverage under TRICARE. However, if the spouse is not eligible, they may apply for the Continued Health Care Benefit Program that requires quarterly premiums and is dependent on various other factors.
If you are seeking a divorce from an active military member, you should be aware the judge can postpone the divorce proceedings until the service member is no longer active or 60 days following active duty. This allows military members to focus on their ability to defend the nation without the distraction of a divorce. Because of the differences between military divorces and civilian divorces, you do not want to consult an attorney who does not have experience in this field. Instead, choose Gainesville divorce attorneys, such as those at the Law Office of Silverman, Mack & Associates. Our lawyers have plenty of experience with these cases and know about the various federal and state laws that you will encounter throughout this process. Contact our office today if you need to file for a military divorce in Gainesville, FL.
No-Fault Florida Divorce
It is common to hear the infamous divorce stories of abuse, infidelity and mistreatment that contributed to the demise of a marriage. However, there are also times when couples simply reach a state of desired separation due to irreconcilable differences or lack of feelings for each other. In the state of Florida, no-fault divorces allow couples to divorce without proving fault or damage of the other individual. Instead, spouses may simply state that a divorce is necessary due to reasons that will be upheld in court. In most cases, it means that there are irreconcilable differences or an irreparable breakdown of the marriage. Couples wishing to gain a no-fault divorce should be sure that both individuals in the marriage are on one accord to avoid future complications.
Not all divorces result from wrongdoings of spouses. Often, spouses choose to gain a divorce because they simply can no longer get along with each other, are no longer in love, or have differences that cannot be resolved. When neither of the spouses are responsible for the ultimate demise of the marriage, a no-fault divorce may be filed. A divorce attorney in Gainesville, FL, can help you understand what a no-fault divorce is and how it works.
What is A No-Fault Divorce?
A no-fault divorce allows a spouse to file for a divorce without addressing or proving that the other spouse did something wrong (such as prolonged incarceration, abandonment and neglect, adultery, impotency, cruel and unusual punishment, etc.). Instead, the spouse may file a divorce under reasons that can be categorized as “irreconcilable differences,” incompatibility,” and/or “irremediable breakdown of the marriage.” While all of these are fancy terms that indicate that the spouses are unable to get along, they are factors that are favorably considered by Florida family and divorce courts.
All States Approve No-Fault Divorces
All states allow no-fault divorces. However, some states have different methods of dealing with no-fault divorce proceedings. In most states, including Florida, no-fault divorces are automatically granted. In other states, judges require spouses to present proof of the demise of the union. It is best to contact an experienced family divorce lawyer to better understand no-fault divorce procedures in the state of Florida and the implication it may have on both you and your spouse.
No-Fault Divorces vs. Other Divorce Proceedings
In no-fault divorces, it is usually enough for a spouse to file a petition declaring the irreconcilable differences as grounds for divorce. There is no need to present the wrongdoings of the other spouse or provide details on the events that led to the irreconcilable differences. This prevents spouses from releasing their “dirty laundry” and other personal matters to the court. A family attorney can help you understand how to describe your reasons for a no-fault divorce in a manner that is permissible in Florida courts.
With other divorce proceedings, typically fault divorces, clear details and proof of the other spouse's’ ill behavior must be presented to the court. These sort of divorces can become emotional, as the evidence presented can play a role in the determination of spousal support, alimony and general division of the assets.
Although no-fault divorces seem easy, if the other spouse contests to the no-fault divorce by presenting information of the other spouse’s wrongdoings, the no-fault divorce may not be granted. Even if the no-fault divorce is approved, the distribution of assets, parenting plans and spousal support must be established. In order to protect your interests and understand your rights and entitlements during a no-fault divorce, divorce lawyers are vital.
At the Law Office of Silverman, Vorhis & Mack, our experienced divorce lawyers are well-versed in Florida divorce laws. We are also familiar with how to make no-fault divorces work in your favor. You have the right to conclude your marriage with integrity. Allow our divorce lawyers in Gainesville, FL, help you divorce with dignity.
Meanwhile, uncontested divorces are simpler. Typically, spouses seeking to divorce are able to agree and negotiate easily on the terms and conditions of the marriage, such as alimony, distribution of property and time sharing arrangements. Because each individual is cooperative with the process and each other, the divorce proceeding is shorter in length and less stressful. Spouses should, however still consider hiring an attorney to assist with configuring needs and assets to ensure that the divorce settlement is fair.
Most people don’t realize the many options available when filing for divorce, not all divorces need to be lengthy and expensive procedures. Depending on your case’s circumstances, you may be able to pursue a much simpler legal process for divorce. If both you and your spouse are able to agree on every aspect of the divorce without the need for court interference, you may be able to file for an uncontested divorce in Florida. Uncontested divorce is a popular choice for those couples who wish to avoid the extensive legal process of divorce, agree on a settlement and meet the necessary requirements. At The Law Office of Silverman, Mack & Associates, we provide Gainesville, FL divorce attorneys for uncontested divorce cases.
What is Uncontested Divorce?
Uncontested divorce, also known as a “simplified dissolution of marriage,” is a type of divorce where the spouses have reached an agreement about all the issues of the case. This includes division of assets and debts, alimony, parenting plans if children are involved, child support and any other issues that arise in the case. Because of this, an uncontested divorce does not require a court to divide the property, determine spousal and child support, etc. and usually proceeds through the system more quickly than a contested divorce. Uncontested divorce, however, still requires filing a petition for divorce and a hearing. This type of divorce is highly attractive to those spouses who wish to end their marriage amicably and are able to cooperate with one another.
Requirements for Uncontested Divorce
Not every couple is eligible for an uncontested divorce in Florida. Certain requirements need to be met for the court to approve the divorce. The requirements are:
- At least one of the spouses must be a Florida resident for at least six months.
- Both parties must agree to cooperate and sign the necessary papers.
- Neither party may have a child under the age of 18 or a dependent child over the age of 18.
- If there are children involved, the parents must agree on a detailed parenting plan.
- The wife is not pregnant.
- Neither spouse wants alimony.
- Both parties agree to give up the right of a trial or of an appeal.
- All aspects of divorce have been agreed upon such as division of property.
- All other issues have been settled
- Both spouses agree that the marriage is beyond repair and wish to have a simplified dissolution of marriage.
Uncontested Divorce Process
In order to be granted an uncontested divorce, you must first complete a “Petition for Simplified Dissolution.” The petition will then need to be filed with the circuit court clerk’s office and the necessary fees paid. When you and your spouse agree on aspects such as the division of assets and debts, it is important to prepare and file a written marital settlement agreement so there are no future issues. You should also complete a “Final Judgment of Simplified Dissolution of Marriage” for the judge to sign when the divorce is finalized.
After you file the petition for a simplified divorce, both you and your spouse will be required to attend a short hearing before the divorce can be finalized. The judge will ensure that you and your spouse meet all the requirements to be eligible for an uncontested divorce, review the marital settlement agreement and check that all paperwork has been completed. If the judge finds everything to be in accordance, he/she will sign your final judgement and make the divorce official.
Uncontested Divorce Lawyers in Gainesville, FL
Even though uncontested divorce cases are much less stressful, lengthy and high-tempered than contested divorces, it is still very important to seek the help of a Gainesville divorce attorney. An uncontested divorce can fail when the correct documents are not present and requirements are not met. An attorney can help you through every step of the process and ensure that everything is in order for the uncontested divorce to be approved without any issues and in a timely manner. Contact The Law Office of Silverman, Mack & Associates today for divorce attorneys Gainesville Florida residents can trust.
Gainesville Divorce Attorneys
No matter what your unique situation may be, experienced divorce attorneys at the Law Office of Silverman, Mack & Associates can assist you. We have decades of successful experience with all types of Florida divorce. We understand the drawbacks and advantages of every divorce option in Florida. Not only will we help you choose the best option, but we will empathetically and aggressively represent you during the process.
Contact us today for a free initial consultation.