Not every marriage is destined to last. Sometimes you and your spouse may need to separate. You do not always need FL divorce lawyers to end your relationship. In many cases, you will be able to complete the paperwork yourself. Here are some of the many factors to consider if you think you may need the help of a FL divorce lawyer.
Types of divorce
Broadly speaking there are three different ways to end a marriage:
• In a no-fault divorce, neither spouse is held responsible for a relationship’s failure. You may be simply be incompatible or have other reasons to separate. These are the simplest kinds of separations and can often be completed without consulting a Florida divorce lawyer.
• In an at-fault divorce, one party or another is being held at fault for the end of a relationship. For example, your partner may be abusive or unwilling to consent to a separation. You will need to prove in family court that you need a divorce. Florida divorce lawyers can help you build a strong case.
• Annulments cover marriages that were never legal to begin with. One or both parties may have been intoxicated during the marriage ceremony, or your spouse may have already been married. This also applies to marriages in which one party was underage.
Negotiating your divorce
If you and your spouse agree upon everything, you will not need a Florida divorce lawyer unless you are especially concerned about the validity of your paperwork. Together, you can draft a petition for divorce and submit it to the relevant family court. There are many forms that can guide you through this “pro se” process, which will spare you the expense of hiring Florida divorce lawyers.
Even in the case of a no-fault divorce, sometimes you and your spouse may be unable to agree on the terms of your separation. FL divorce lawyers can help if you disagree over:
• How to divide property
• Who retains custody of any children
• Visitation rights
• Alimony payments
There are several different options to explore if you and your spouse want to resolve your differences before going to court. A FL divorce lawyer can help with:
• Mediated divorces. You and your spouse agree to negotiate the terms of your divorce. Your advisor may be a Florida divorce lawyer or a non-attorney qualified to help with this process. Neither party needs an attorney for this process. If you are not able to resolve your differences during this process, you may need to find a FL divorce lawyer to represent you in court.
• Collaborative divorces. Much like mediated divorce, you and your partner agree to try to resolve your differences without going to court. However, any temporary agreements you sign will not be binding if a final solution is not reached. In this case, you and your spouse will need to call upon different Florida divorce lawyers for your court date.
Alimony
One of the most contentious parts of the divorce process can be establishing alimony payments. These are payments made by one spouse to their divorced partner. Frequently this area can require the help of a FL divorce lawyer, whether in court or in the course of divorce. There are no set amounts of alimony payments, which are decided on a case-by-case basis. Factors your Florida divorce lawyer and the courts will consider include:
• The length of the marriage
• What kind of standard of living existed during the marriage
• How much each spouse contributed to the marriage in areas such as child care and the level of financial input
• How well each party is capable of taking care of themselves as an individual physically, emotionally and financially
• How much income is available to each person
There are six kinds of alimony FL divorce lawyers can seek:
• Permanent alimony generally only applies to marriages that have lasted at least seven years. This is awarded to spouses who have not worked or are incapable of working. Florida divorce lawyers may seek this for people who have been seriously injured or are otherwise incapable of looking after themselves.
• Rehabilitative alimony generally applies to marriages that have lasted less than 17 years. A Florida divorce lawyer applying for this kind of alimony must work with his or her client to prove that they have a plan to prepare to earn their own income but need money to support them for the time being.
• Durational alimony bridges the gap between these two kinds of support, setting a fixed amount of support for a definite amount of time. This does not require the spouse seeking support or their FL divorce lawyer to demonstrate that they have a plant to re-enter the work force.
• Temporary alimony supports you during the divorce proceedings.
• Lump-sum alimony is a one-time settlement applied in unusual cases.
• Bridge-the-gap alimony lasts no more than two years and serves as a temporary support system for a person adjusting from married to single life.
If you are seeking alimony, FL divorce lawyers can help you determine what kind of payment you can realistically expect to receive. No two cases will be alike.
Finding a Florida divorce lawyer
Couples who can cooperate while completing the petition for divorce will not need private legal counsel. Florida divorce lawyers enter the picture when there is disagreement or you want help with the paperwork. It will save you time and money if you can agree what you both want from the separation.
If you need a FL divorce lawyer, ask friend and family to recommend a specialist they have worked with in the past. You may also ask the Florida Bar Association to refer you to the appropriate legal counsel. You may need someone who specializes in child custody, alimony or just in mediating divorce proceedings. Different FL divorce lawyers are best suited for different kinds of disputes.
