Divorce & Alimony Attorney
Divorce isn’t pretty. It can get very ugly, very fast, especially if one party really doesn’t want the divorce or infidelity is involved.
The state of Florida allows divorce as long as the marriage is considered to be “irretrievably broken.” This means the marriage cannot be saved through counseling or any other means.
If you’re planning to file for divorce or your spouse has filed, you need a skilled divorce attorney in Jacksonville on your side. Hiring The Law Offices of Tassone, Dreicer & Hill will ensure you’re protected throughout the process of divorce.
Divorce/Dissolution of Marriage Process
The common term is divorce, but the legal term is “dissolution of marriage.” Either way, going through a divorce isn’t easy. It can be very taxing on you physically and emotionally. Having the right divorce attorney in Jacksonville in your corner will make a significant difference.
To obtain a divorce in Florida, at least one of the parties must have resided in Florida for at least six months before filing the Petition for Dissolution of Marriage. It’s not a requirement to live in separate residents before seeking a divorce in Florida.
Even if one spouse doesn’t consent to the divorce, the court has the authority to dissolve the marriage. Your spouse doesn’t have to agree to give you a divorce in order for a divorce to happen.
Going through a divorce isn’t usually a simple process, especially if children are involved. Many other issues will come up during the divorce proceeding including alimony, child support, child custody (time-sharing), the division of assets and liabilities and more. When one of these issues becomes disputed by one of the parties involved, the divorce becomes known as a “contested divorce.”
A contested divorce usually requires divorce lawyers to get involved since the parties were unable to reach an agreement. If both parties cannot come to an agreement on their own or through mediation, the divorce proceeding will go to trial before a judge. The judge will be in charge of resolving any remaining issues.
If your spouse has filed for divorce or you plan to file, it’s best to hire a skilled Jacksonville divorce attorney as soon as possible. Call The Law Offices of Tassone, Dreicer & Hill today.
Alimony
One of the major issues faced during a divorce is alimony. It’s support paid by one spouse to the other spouse and the amount is based on one spouse’s need and the ability of the other spouse to pay. The alimony statute has undergone recent changes and there are new changes being considered by legislators.
Recent changes include defining a short-term marriage, a moderate-term marriage, and a long-term marriage. If alimony is appropriate, it will be based on the length of the marriage, along with other important factors.
Alimony comes in different forms including rehabilitative, permanent, bridge-the-gap and durational. Factors considered when determining the amount of alimony include:
- All income sources available to either party
The length of the marriage
The age, emotional condition and physical condition of each party
Necessary time for either party to acquire training or education for appropriate employment
Financial resources of each party, the marital and non-martial assets and liabilities
Standard of living established during the marriage
All of these factors will go into determining the amount and duration of alimony paid by one party to the other.
An amendment to Florida Statute Section 61.14 allows the courts to terminate or modify alimony if the spouse receiving the support resides with an unrelated person, who provides support to or receiving support from the receiving spouse. This statute includes a list of criteria the courts will consider when deciding if a “supportive relationship” exists under the law.
When you’re going through a divorce and you expect to pay or receive alimony, it’s necessary to fully understand your rights. Spousal support can be a tricky thing to navigate. Our Jacksonville divorce lawyers understand how alimony works and we will examine all the specifics of your case. Once we’ve combed through everything having to do with your case, we can determine if you are a candidate to receive alimony or if you will be faced with paying alimony.
We will work hard to maximize the amount you receive or minimize the payment you will be making.