Port Saint Lucie | Fort Pierce, Florida Divorce: An Overview
To file for a divorce in Florida you or your spouse must be a resident of Florida for at least six months prior to filing the petition for divorce. In addition you must alleged the marriage is irretrievable broken ( i.e. beyond repair). The issues of a divorce are related and it is likewise important to understand the complete picture to know if one portion of the divorce is fair or equitable.
Marital Assets and Debt
As to the monetary issues of a divorce the first thing we do is divide the assets into his, hers, and marital. The marital assets are those acquired during marriage as results of either parties’ efforts. Next issue is division of debts; again divide debts into hers, his, and marital. Once we divide the assets and debts the issue of alimony is reviewed. This is done after division of assets and debts because the way we divide the debts and assets have an impact on the “need/ability” analysis. The “need/ability” analysis is the key to evaluating entitlement to alimony along with the length of the marriage prior to the filing of a petition for divorce.
Child Custody Fort Pierce, FL
The remaining issues of the divorce pertain to the minor children; to wit: support, time sharing, insurance, uncovered medical and the dependency exemption. Again these issues are related in particular as to time sharing and child support. While it has become far more common for equal time sharing it is important to know the general views of your Judge on this issue. Likewise when filing for a divorce it’s important to hire an attorney familiar with the Judges in your county who handle the divorce cases in your area. An attorney whose practice focuses on family law and that has lots of experience handling family law and divorce cases. The attorney should be familiar with general views of the Judge who could decide your case. It is important to note that most cases do get resolved in mediation. Nonetheless knowledge of the Judges’ views of the law assists in knowing whether the settlement offer made at mediation is one you should take.
Here at The Law Offices of Chet Eliot Weinbaum we have over 20 years handling a wide variety of family law matters throughout Saint Lucie County. Call our office today at (772) 460-5070 so we can best assess your unique situation.
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