¿Qué es una disolución sin culpa del matrimonio?

Muchas veces se puede escuchar que la Florida es un estado de divorcio sin culpa. ¿Qué significa eso? ¿Qué es una disolución sin culpa del matrimonio? Básicamente significa que cualquiera de los dos se puede divorciar sin razón específica. Solo uno de los dos puede declarar su matrimonio “Irreparablemente Roto”. No es necesario tener alguna otra razón. Un cónyuge no tiene que probar, “Culpa” como una razón, al igual que; Un romance fuera del matrimonio, gastando dinero del matrimonio, uso excesivo de alcohol o de drogas, o hasta violencia domestica. Aunque esas son razones para divorciarse, no son necesarias en la Florida.

¿Esto hace que sea fácil obtener un divorcio? No, no lo hace. Todavía hay varios documentos necesarios para divorciarse en la Florida. Hasta en el divorcio más simple, puede que usted tenga que completar una docena de documentos y dar pruebas de estados bancarios, declaraciones de impuestos, confirmación de cuentas de su retiro, al igual que otros documentos. Muchos de los Abogados de Familia cobran por la primera visita. Nosotros no. Llámenos para una consulta gratis y para hablar con un abogado sobre su caso.

Have You Been Sued? Don’t Wait!

If you’ve been sued don’t wait or delay.  If you’ve received a lawsuit for foreclosure, real estate, credit cards, or any other matter you must file an answer in a certain amount of time.  If you wait you may be subject to a default judgment, money damages, garnishment of your wages, or other penalties.

Attorney David Sharpe explains what to do if you’ve been served with a lawsuit.  Inaction can cost you.  Call 813-259-1017 now to speak with an attorney.  The initial consultation is always free.

Florida “No-Fault” Divorce

Many times you might hear Florida is a No-Fault Divorce State.  What does that mean?  What is a No-Fault Dissolution of Marriage?

Basically it means that either party may get a divorce without a specific reason.  Only one of the parties needs to state that the marriage is, “irretrievably broken.”  There is no other reason necessary.  A spouse does not need to prove, “fault” as a reason such as; a marital affair, spending marital money, excessive drinking or drug use, or even domestic violence.  Although those are certainly reasons to get a divorce, they are not necessary in Florida.

Does this make it easy to get a divorce? No, it doesn’t.  There are still multiple documents and pleadings necessary to get divorced in Florida.  Even in the most simple divorce, you may have to complete a dozen documents and provide bank statements, income tax returns, retirement account information, and other documents.  Most family law lawyers will charge you for the initial visit.  We don’t.  Call us for your free consultation and speak with an attorney about your case.

In a Florida Divorce, Don’t Call it Child “Custody”

The biggest issue with our clients in divorce and paternity cases is custody of their children.  Clients are usually surprised to learn that terms such as “custody” and “visitation” no longer exist in Florida, and have been replaced with other terms such as “parental responsibility” and “time-sharing.”  The changes, which took place in 2008, are not merely a shift in terminology.  The goal is to promote the role of both parents in the child’s life and that each child has frequent and continuing contact with both parents. Florida law now require that a Parenting Plan be prepared in almost all family cases involving minors.

Some Terms to Know

Shared Parental Responsibility is a court-ordered relationship in which both parents retain full parental rights and responsibilities and work together on major decisions affecting the welfare of the child.  Some examples of major decisions affecting the child include health care, education, and religion.  Sole Parental Responsibility means a court-ordered relationship in which one parent makes decisions regarding the child.  Do not assume that the court will grant you sole parental responsibility just because you request it.  You must show that shared parental responsibility would be detrimental to the child.  The best interest of the child is always the primary consideration.

A Parenting Plan is a document that governs the relationship between the parents relating to decisions that must be made regarding the minor child.  A Parenting Plan can be agreed to by the parties and approved by the court.  If the parents can’t agree, then the court will establish a plan.  Among other things, the Parenting Plan contains a time-sharing schedule for the parents and child.  There is no presumption for or against the father or mother of the child when creating or modifying the Parenting Plan.  Parenting Plans can be very detailed depending on the circumstances.  It is best to consult an attorney to assist you in preparing a Parenting Plan that will suit your child’s best interest now and in the future.

Our firm is experienced in handling divorces with minor children and paternity actions in and around Tampa, Florida.  We offer affordable services to our clients in their time of need.  Contact our office to schedule an appointment to speak with an attorney about your case.  The initial consultation is always free.

Even a Simple Divorce, Isn’t

Do I Need a Lawyer?  It’s a question asked by those considering a divorce.

Getting divorced no matter how simple it may seem, is a stressful and emotional.  Hiring an experienced attorney to help you navigate the choppy waters will not only give you peace of mind, but it will ensure that you have complied with the complex Florida law.  Even the simplest divorce involves a lot of paperwork.

For example, a Simplified Dissolution of Marriage with no minor children, no dispute over division of assets, and no request for alimony requires at least eight documents to be filed just to initiate the divorce.  In addition, there are court hearings you must attend.  Divorces that involve more complicated scenarios, such as minor children, marital property, various assets, debts, alimony, etc., are even more overwhelming with respect to documents and production.

Divorces are stressful.  An experienced attorney can guide you through the process and advocate on your behalf to ensure that your present and future interests are considered.  There are several factors that can affect the outcome of your divorce, from alimony to child time-sharing arrangements.  While the law provides guidance, the judge has a great deal of discretion. An attorney with a professional reputation and good rapport with the Court can be an enormous asset.

Our firm is experienced in handling all types of divorces.  Whether you are seeking a simple dissolution of marriage or have a more complex scenario, we offer affordable services to our clients in their time of need.  Contact our office to schedule an appointment to speak with an attorney about your case.  The initial consultation is always free.