The rate of divorce in Florida has been steadily growing since 2009,
according to 2010 census reports. Although the rise is slight, the consistency
of an increasing trend is still a reality to think about. Finding one’s self in
such a situation is unfortunate but since there are things which can’t be
helped, knowing the fundamentals of marital and family law in Florida can help
you survive through the technicalities of the whole process.
Divorce Law in Tampa, FL
There are 2 major grounds for filing for divorce—(1) psychological
incapacity and (2) irreconcilable differences. These are the provisions
according to divorce laws in Tampa, FL. Filing for divorce requires several
documents along with the Petition for Dissolution of Marriage and Final
Judgment of Dissolution of Marriage. Having a marital and family law attorney
will make the process less difficult since they can file the petition for you.
This is especially important for cases of contested divorce hearings.
An uncontested divorce is generally finalized in a shorter span of
time; usually around three months. This category of dissolution of marriage
means the couple is amicable with all agreed upon arrangements. Pre-nuptial or
post-nuptial agreements help make these proceedings run faster because these
documents are considered final by the court and will be attached to the divorce
documents during the filing period. An uncontested divorce sometimes means not
taking the litigation process to court so divorce attorneys won’t be necessary.
Contested Divorce basically means there is conflict which has yet to
be resolved between the petitioner and the respondent. Disagreements usually
have to do with division of property, alimony, child custody and support, and
child visitation. A family law attorney will conduct an extensive interview to
help you with your case, whether you are the petitioner or respondent.
Child Custody and Support
The court will determine child custody based on their assessment of
each parent. The judge is guided by the Uniform Child Custody Jurisdiction and
Enforcement Act of Florida to make sure that the final decision is to the
child’s or children’s best interest. Mothers usually are granted physical
custody especially for very young kids but that is not always the case. In
situations where addiction, abuse, or unemployment is involved, the court will
be compelled to take the child away from the source of violence or abuse.
Fortunately, statistics have shown that joint custody is the dominating trend
among divorced families. This means both parents have equal responsibility or
the kids.
Alimony or Spousal Support
Tampa, FL courts review alimony and decide on them with proper
consideration of both party’s situation. Alimony is not applied all the time.
Unemployment, debts, monthly income, and monthly expenditures are factored in
during the computation of spousal support. Payments to the other spouse can
either be temporary or permanent. Family law attorneys can help file for
amendments in case there are issues with the amount settlement.
Nancy McRoberts Parham, P.A
210 N. Pierce St
Tampa, FL 33602
(813) 228-0219
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