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Divorce
How many kinds of divorces are there, and what is the difference between them?
There are two kinds of divorce in Florida: contested or uncontested.
“Uncontested” is when both sides agree to all the issues, and an agreement is signed which finalizes the divorce. Affordable prices with flexible payment plans are available.
“Contested” is when the parties cannot agree on all of the issues, and the case goes to mediation in an effort to resolve all of the issues of your case. If mediation does not work, your case will be set for trial, where a judge will decide the outcome of your case.
Why is it generally better to try to settle a divorce case rather than going to trial?
It is best to resolve a case without going to trial, as it allows you to control the outcome. Going to trial means a judge gets to decide your case. However, you and your spouse understand each other better than the judge.
While the law offices of Sacks & Sacks is more than capable of handling a trial, our priority is to achieve your divorce goals, and steer clear of any uncertain outcomes.
Can unmarried parents establish visitation rights and child support through the court?
Time-sharing and child support are not just for married couples seeking a divorce. People who are unmarried but share a child or children can file similar documents with the court that gives both parents visitation rights and provides for the health and well-being of the child. At our office, you will receive personal attention from one of our attorneys/owners.
How can I get an affordable divorce with personal attention from experienced attorneys in Jacksonville?
Getting divorced does not have to be expensive. Unlike the big firms, the law office of Sacks & Sacks offers reasonable attorney fees with flexible payment plans. At our office, you will receive personal attention from one of our attorneys/owners. Please use the contact form on our website or call us at (904) 396-5557 to speak to attorneys Adam or Melanie Sacks about scheduling a free consultation.
Please refer to Family Law FAQs, which covers the issues of child support and time-sharing (custody).
Alimony
What is alimony (spousal support) and how is it determined in a divorce?
Alimony, or spousal support, is an agreed-upon maintenance amount paid by one spouse to the other after the separation. The purpose of spousal support is to provide for the needs of the other spouse because the other spouse is unable to do so by him or herself. Common factors that determine spousal support include the couple’s standard of living during marriage, and each spouse’s contribution/sacrifices.
What types of alimony are available in Florida, and how do they differ?
There are four main types of alimony available in Florida, and each differs depending on the circumstances.
- Bridge-The-Gap Alimony: This is the short-term financial support to aid in the transition from married life to single life, limited to two years in duration.
- Rehabilitative Alimony: This is intended to promote self-sufficiency through the development of job skills and credentials.
- Durational Alimony: This type provides temporary financial support that continues for a set duration, limited to a maximum duration of the length of the marriage.
- Permanent Alimony: The most common type, this is financial support that continues until the death of either party or the remarriage of the receiving party. [1]
Depending upon your situation, a judge can order any combination of alimony types.
Child Custody/Timesharing
How is child custody or timesharing determined, and what factors do courts consider?
Child custody and timesharing are usually decided with an agreement, or by the judge’s decision. Judges usually consider various factors, including parents’ income, living environment, history of domestic violence or criminal activity, educational opportunities, and the child’s relationship with each parent.
How much discretion do family law judges have when deciding what is in the best interest of a child, and how can an attorney help?
Family law judges usually have a very wide discretion to determine what is in the best interest of a child. However, the divorce attorneys at Sacks & Sacks can ensure your case is presented fairly, and the judge’s decision is influenced in your favor. Our priority is tipping the scales in your favor.
Miscellaneous
How does the divorce process begin in Florida?
The divorce process begins when one spouse or the other files a Petition for Dissolution of Marriage with the local circuit court in Florida. After that, the other spouse is notified of the intent to divorce, and the process of legal proceedings is initiated under Florida family laws.
What is the mandatory waiting period for a divorce in Florida?
The mandatory waiting period for a divorce in Florida is 20 days after the divorce petition is filed. After 20 days, the court finalizes the divorce. The purpose of this waiting period is so that both parties can consider reconciliation or negotiate terms.
How are marital assets and debts divided in a Florida divorce?
Florida uses equitable distribution, which means marital assets and debts are divided fairly, but not always equally. The court will consider factors like each spouse’s contribution, economic circumstances, and the length of marriage before making a decision.
Can divorce agreements be modified after the divorce is finalized?
Yes, divorce agreements can be modified if there is a significant change in the circumstances of each former spouse’s life. This can include factors like relocation, change in income, child’s needs, etc. However, the modification process usually requires court approval to ensure these are aligned with the best interests of all involved parties.
What happens if one spouse does not respond to the divorce petition?
If one of the spouses does not reply within the designated time frame of 20 days, then the court will grant a default divorce. This usually allows the divorce-filing spouse to move forward with the divorce without any opposition, and this is usually considered the fastest.
Are mediation or alternative dispute resolution options available in Florida divorces?
Yes, Florida family laws encourage mediation and other alternative resolution methods to resolve disputes amicably. These options usually reduce court time, lower the cost, and promote cooperative agreements between the spouses.
Source:
Statutes & Constitution :View Statutes : Online Sunshine. (n.d.). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
Law Offices of Sacks & Sacks, P.A.
1646 Emerson St. Suite B
Jacksonville, FL 32207
(904) 396-5557
