King Lindsey, P.A. are divorce lawyers who handle a range of matters related to divorce and separation. Divorce can be one of the most challenging choices a person can make. While the decision to get divorced is highly personal, divorce raises a host of legal and financial questions that must also be addressed. If you are getting divorced, you’ll need to make decisions about dividing assets, property, and debts. You may wonder whether you are entitled to alimony. If you have children, you’ll need to develop a parenting plan with a timesharing plan that the courts will accept.
Kind Lindsey, P.A. is a divorce law firm that has helped many couples navigate this legal process. When you are getting divorced, much is at stake for your family. The decisions you make during your divorce proceedings will impact your financial well-being and your children’s future for years to come. It is important to get your divorce right. Contact King Lindsey, P.A., to speak with our divorce lawyer today.
How to File for Divorce
In Florida, there are two ways to get divorced. If you have children, plan to seek alimony, or have a complex situation that must be resolved by a judge, you’ll follow the regular procedures to get divorced. If you do not have children, and if you and your former spouse can agree to all aspects of the divorce, you and your spouse may be able to use the Simplified Dissolution of Marriage process. While it is possible to get divorced in Florida without the assistance of an attorney, it is incredibly important to understand that any decisions you make during your divorce might not be able to be reversed. If you give up certain rights during your Simplified Dissolution of Marriage process, you can’t get those rights back. For this reason, even couples who ultimately choose the Simplified Dissolution of Marriage process still get the assistance of a qualified divorce attorneys Fort Lauderdale, FL.
Simplified Dissolution of Marriage: With a Simplified Dissolution of Marriage, one partner in the marriage must have resided in Florida for at least six months prior to filing for divorce. With a Simplified Dissolution of Marriage, it is important to understand that both parties waive their right to any trial or appeals process. Individuals should only pursue this type of divorce if there are no contested assets or debts involved and if they absolutely trust that their partner has no hidden bank accounts or assets. If you are not sure whether this process is right for you, you may want to speak to King Lindsey, P.A., a divorce lawyer. If, after reviewing your case, it does in fact prove to be simple, then a divorce law firm like King Lindsey, P.A. can walk you through the process and assist you with filing your paperwork for a simplified divorce. Though your case won’t go to trial with a simplified divorce, you will still need to appear before a judge to finalize your divorce.
Regular divorce proceedings in Florida. Most couples will need to follow the regular procedure for divorce. If there are children involved, you and your former partner will need to meet additional requirements. For example, you may need to take a parent education class, and will need to develop a timesharing plan regarding where the children will reside. The terms for child custody and visitation have changed as the courts tend to favor custody arrangements that support the children developing a relationship with both parents. Physical custody is now known as timesharing. Rather than getting sole custody, the courts will ask that parents clearly outline the time that children will spend with both parents. Children can still spend more time with one parent, as long as the court and the parents agree to the arrangement. Parental responsibility refers to both parents’ rights to make decisions for their children. Generally, both parents will share parental responsibility, though the specific responsibility for making certain decisions can be split. Child custody matters in a divorce can get complex. It can help to have a divorce lawyer like King Lindsey, P.A. on your side. With the assistance of a divorce lawyer, like King Lindsey, P.A., a divorce lawyer can assist you as you equitably divide your assets, divide retirement plans, and make decisions about how to handle larger property items like family cars and the family home. If you have questions about alimony or child support payments, these questions can also be addressed during the divorce process.
King Lindsey, P.A. is a divorce lawyer who understands that for many families, the divorce process can involve many moving parts with sensitive and highly emotionally charged concerns. Our firm will take the time to help you understand which divorce process is right for you and your family. We will stand beside you every step of the way.
How Do I Know If I Am Entitled to Receive Alimony?
If one spouse earns more money than the other, sometimes the higher earning spouse may be required to pay alimony to the lower-earning spouse. Whether you receive alimony will depend on many different circumstances. Courts will consider how long you were married, your standard of living while you were married, your health, your earning potential, your education and training, and the role of each spouse in the marriage. Spouses who stayed home to raise the children may be entitled to alimony, as might spouses who put their own careers on hold to support the careers of their spouses. If you have questions about alimony, reach out to King Lindsey, P.A. today.
What is Equitable Distribution?
In Florida, property acquired during the marriage will be equitably distributed. It is important to note that equitable distribution doesn’t always mean that there will be a fifty-fifty split. The property that is subject to equitable distribution is any property acquired during the marriage. Debts acquired during the marriage may also be subject to equitable distribution laws. Any property or debts acquired before the marriage belong to the parties that acquired that property or debts. However, sometimes it can be difficult to distinguish between property acquired before the marriage and property acquired after. For example, if one partner owns a home before the couples gets married, but then after marriage, both parties work to pay the mortgage, the family home may be subject to equitable distribution laws. How are decisions regarding equitable distribution made? Here are some factors the courts will consider:
When making decisions regarding equitable distribution, the courts may consider the income and property owned by each spouse before the marriage.
The courts may take the length of the marriage into account and the health of each partner.
If there are children, the courts may look at which parent will have the children for the longer periods of time, and may consider awarding the marital home to this spouse.
Other factors can include the loss of health care, if one spouse relied on the other’s plan for health insurance.
Tax implications should also be considered. Some retirement funds may be subject to taxes while other assets may have already been taxed. Each of these will have different values.
If you supported your partner while he or she pursued a professional degree, this may be considered during the equitable division of property.
Dissolution of assets. If you believe your ex spent money on a new partner or wasted funds due to gambling or other issues, you may be able to make a case to receive a larger share of the assets that remain.
A divorce lawyer can help you make the strongest case to protect your rights by showing the courts how you contributed to the marital estate. King Lindsey, P.A. is a divorce law firm that can help you as you navigate the complex process of dividing assets. Protect your rights. Contact King Lindsey, P.A. today.
The best divorce lawyer in is the attorney who will take the time to get to know you, learn more about your circumstances, and fight to help you get the best possible divorce settlement either inside or outside of court. King Lindsey, P.A. is a divorce law firm that works closely with every person who walks through the door. We take the time to explain the complex issues that can arise during divorce in simple terms and will help you through what is, for many, a highly emotionally charged time.