Marital and Family Law Discussion

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

http://www.femaledivorcelawyertampa.com/

Alimony and Child Support in the Florida State

Divorce between a couple with children automatically requires the discussion and arrangement of alimony and child custody. Panama City, Florida ranked highest in the survey for most divorce cases in 2010 and many cities in the state are continuously placing at the top of this demographic. According to a survey conducted by The Daily Beast, 4 out of 10 marriages in Panama City end in dissolution.

Some notable reasons for higher divorce rates in Florida are:

-              Financial strains due to the downfall of the economy

-              The easy “night life” atmosphere in many Florida cities

-              Excessive flexibility of related family laws in the state

-              Involvement of the country in the war

Nobody wants to be in such an unfortunate situation but it can happen to even the most stable of families. Here are a few facts about alimony, child custody, and some other Florida Family Laws.

ALIMONY

This is also known as spousal support. It may be categorized into these four classifications but can be combined:

(1) Permanent—support is given on a monthly basis for an unspecified period of time and is highly dependent on the number of married years. It will last until the ex-spouse expires or is remarried.

(2) Lump sum—this means that money, properties, or other assets are given at a one-time-big-time manner. This option may be used in place of Permanent alimony. A prenuptial agreement may be used as reference for the division of properties in this category.

(3)Bridge-the-gap—it is temporary and lasts for about a year or two. It is granted to a spouse who needs some degree of assistance in their finances after the divorce.

(4) Rehabilitative—this is for a spouse who needs to go back to school or some kind of training to have a better chance at a more lucrative career. The support ends when the spouse “graduates” from his or her chosen field of study.

Assets, monthly income, debts, spending, and employment are factored in during the computation of alimony. This court grant is not exclusive to women but it is most common to them.

CHILD CUSTODY

Significant changes were made in the family law regarding child custody in 2008. The changes aimed to address the need to rehash the roles of non-custodial parents in the family and also to improve the situation of the children for better coping during a divorce.

The term “primary residential parent” will no longer be used due to the effect it has on the perception of one parent being less significant. The term used in Florida courts is simply “parent” for both parties whether they have physical custody of the child or not. “Visitation” has also been redefined and the term “time sharing” was deemed more appropriate.

Sole parenting rights are only reinforced in situations of domestic abuse and other related cases of incapacity from the other parent. In some cases, the title of parent is not granted to either spouse of the court sees that both are unable to provide a healthy environment for the child.

Nancy McRoberts Parham, P.A

210 N. Pierce St. 
Tampa, FL 33602

(813) 228-0219

http://www.femaledivorcelawyertampa.com/