Palm Beach County Florida Family Law & Divorce Lawyer

Boynton Beach Florida Family Law & Divorce Lawyer

Divorce / Dissolution Overview

Because Florida is what we call a "no-fault" state, it is not necessary for you to prove that your spouse did anything wrong in order for you to obtain a divorce or dissolution of marriage. In fact, courts are authorized to grant a divorce even if the other spouse does not want or consent to the divorce.
Before being able to obtain a divorce in Florida you must prove that: (1) One of the parties to the marriage has resided in Florida for six (6) months prior to filing the Petition for Dissolution of Marriage; (2) That the marriage is "irretrievably broken"

There are numerous factors to consider when contemplating the dissolution of a marriage. One option is to file a Petition for Dissolution of Marriage. If you are the party who initiates the Divorce/Dissolution process, you are the Petitioner. If not, you are called the Respondent. After receiving service of the petition, the Respondent has twenty (20) days to file an Answer to it or a default may be entered.

After the Answer is filed, both spouses are required by law to exchange certain documents and information which are used to prepare for trial and to assist the court in judging certain aspects of the case, including Timesharing, Child Support, Alimony and Equitable Distribution.

Once all required documents and papers have been filed, the case is ready to be set for trial. The Court may require mediation take place prior to going to trial.

Timesharing

Timesharing decisions are some of the most important aspects of a divorce or dissolution proceeding. The concept of child custody was abolished in Florida in 2008. The concepts of Custody, Primary Residential Care and Secondary Residential Care have been replaced with the concept of Parenting Plans and Time-Sharing.

The Parenting Plan is a document that governs the way the parties relate to one another about the decisions made regarding children, and includes a time-sharing schedule that dictates when the children will be spending time with each parent.

Shared Parental Responsibility is the legal presumption in Florida. The Court feels that both parents should be actively involved in their children's lives, education, religious upbringing, health and welfare. The Court will grant Shared Parental Responsibility unless one parent is unfit. Otherwise, both parents will work together jointly raising their children. The Best Interest of the Minor Child is the standard that the Courts consider in making parenting plan determinations.

Child Support

Parents have a legal obligation to support their children financially and that responsibility cannot be waived by either parent. If the income of the parents has changed over time, you may be entitled to an increase or decrease in child support.

Alimony

Alimony is designed to assist the financially weaker spouse in making the transition from marriage to life as a single person by providing income to them after their divorce in Florida.

In order to determine an award for alimony the Court must find one party is in “need” of alimony and that the other party has the “ability to pay” alimony. Once the Court determines that there is a “need” for alimony and an “ability to pay” alimony, then the question becomes what type of alimony should be awarded and in what amount. Alimony can take many forms including:

Permanent Period provides for ongoing monthly payments until the death or remarriage of recipient. Recent changes in the law allow modifications in cases of “cohabitation in a financially supportive relationship,” even without remarriage.

Durational Alimony is awarded to provide the party with financial assistance during a period of time following the marriage, and may be modified or terminated. Durational alimony may not be awarded for a period of time exceeding the length of the marriage.

Rehabilitative Alimony is alimony paid to allow the spouse to gain new educational and/or employment skills so that they can support themselves. Rehabilitative alimony awards require that a specific “plan” be submitted to the Court for the nature, length and costs of the education or employment training necessary.

Bridge the Gap Alimony is alimony designed to carry a spouse over for a shorter period of time not to exceed two years so that they can reestablish themselves.

Lump-Sum Alimony is awarded by a Court under special circumstances when ongoing monthly payments are not suitable.

The court may determine that one or more of the various types of alimony apply in your situation.

The amount and type of alimony is strictly determined by your individual situation and is very fact sensitive. Some factors that go into alimony award determinations include: the history of the marriage, the age of the parties, the educational background, employment history of the parties and adultery.

Equitable Distribution

A full, fair and complete accounting of all of the assets and liabilities of the Parties is the first step in this process. Once all of the assets and liabilities are known, then they can be evaluated to see if there is a basis for excluding any of them from the marital estate.

When courts assess the financial situation that each spouse enters after a divorce, they examine the value of both marital and non-marital assets.

Marital assets include the following items: Property acquired by both spouses during marriage, Gifts between spouses during marriage, Non-marital assets enhanced in value through efforts of both spouses, Retirement and insurance plans, pensions and profit-sharing acquired during marriage and Shared residential property. Non-marital assets include items such as the following: Assets acquired prior to marriage, Gifts to a specific spouse only, Inheritances, Income from non-marital assets and Assets determined non-marital by prenuptial or postnuptial agreements

Paternity

If a person is not married, but has a child, a paternity action may become necessary to establish their right to parental responsibility, timesharing and child support.

Paternity, as defined by law, is the legal recognition of a man's relationship as a parent, between himself and a child. This includes his duties, rights and responsibilities to that child. When a child is born out of wedlock, that child does not automatically have a legal father without a paternity action to ascertain the identity of the father.

A paternity action can be brought by either the mother or the father. It is important to establish paternity for a number of reasons. If you are the father of a child who was born outside of marriage, you do not have the legal right to make any decisions regarding your child. You need a final judgment of paternity from the court before you have any authoritative say over the most important decisions in your children's lives, including: major medical decisions, school choice, moving the children out of town or out of state, and timesharing. As a mother of a child who was born outside of marriage, you will not be able to collect child support from the father without first establishing with the court by court order that he is indeed the father.

Prenuptial Agreements

While it may not be a romantic approach, sometimes it is extremely practical for parties to sign a prenuptial agreement and thereby avoid some future problems. Besides being a way of offering peace of mind to people who wish to avoid confusion should there be a divorce or a death, prenuptials can save money by avoiding costly court battles over certain assets. Prenuptial Agreements do not solve all asset distribution problems, but they can help in many situations.

An essential part of the prenuptial agreement is the listing of all assets and liabilities. It is important to be as detailed and accurate as possible in this listing to avoid a future challenge to the agreement. It is also important that the advice of a skilled attorney be sought for preparation of a prenuptial agreement. These types of agreements may be found to be unenforceable when, for example, the agreement is considered to be unconscionable at the time of execution due to a lack of full and fair disclosure, or being signed under duress. An attorney can help you to avoid pitfalls such as this and can advise you on the best course of action to follow in your unique situation.

Also servicing surrounding counties including Broward and Palm Beach.

Law Offices of Robert D. Schwartz
Woolbright Professional Center
2240 Woolbright Road, Suite 411
Boynton Beach, Florida 33426

Phone: (561) 736-3440
Toll Free: 1 (888) 615-8641

Law offices of Robert D. Schwartz, P.A., offers a free initial consultation in the practice areas listed on this site.

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Also servicing surrounding counties including Broward, Palm Beach, Martin and St. Lucie

Law offices of Robert D. Schwartz, P.A., offers a free initial consultation in the practice areas listed on this site.