This includes the time it takes to negotiate any decisions with your ex, file the necessary paperwork, and have the state process your divorce.
If, however, you and your spouse are unable to agree and decisions must be left up to a judge, the divorce becomes a contested one. Contested divorces are going to take longer, especially if your estate is large. Separate property and assets now. The more tangled your finances are with your ex, the more complicated your divorce proceedings will be.
Work hard to come to an agreement with your ex. Contested divorces take a longer amount of time because a judge has to go through and settle any disputes between spouses. The more decisions a judge has to make, the longer it will take for everything to be settled. This could include the division and distribution of property and the larger your estate, the longer a divorce will take, , child support and custody rulings, and alimony payments that must be made after the divorce. Hire a mediator or lawyer. Counties that are especially busy will have to schedule your court date for months from now, and tensions may continue to build up until that trial.
Third parties like mediators and divorce attorneys will be able to help you go through each part of your divorce and negotiate the decisions that will affect your financial future.
Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation; or. Take such other action as may be in the best interest of the parties and the minor child of the marriage. No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock. Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage.
Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement. If a party in any proceeding for dissolution of marriage claims alimony or suit money in his or her answer or by motion, and the answer or motion is well founded, the court shall allow a reasonable sum therefor.
In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
An interim order may be entered at any time after the date the dissolution of marriage is filed and served and before the final distribution of marital and nonmarital assets and marital and nonmarital liabilities. The motion may be filed by either party and shall demonstrate good cause why the matter should not be deferred until the final hearing.
Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them. The enhancement in value and appreciation of nonmarital assets resulting from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both. The paydown of principal of a note and mortgage secured by nonmarital real property and a portion of any passive appreciation in the property, if the note and mortgage secured by the property are paid down from marital funds during the marriage.
We are willing to fight hard and do everything possible to protect your rights and your best interests. When you are getting an uncontested divorce, all decisions regarding your finances and your children are mutually decided between both parties. Not all situations qualify. It is a lot cheaper to have a mediator--a trained, neutral third party--help you and your spouse negotiate than it is to pay lawyers to argue and prepare for trial. Approximately one out of every hundred Florida divorces will go to trial , and in most jurisdictions in the state a divorce will take about a year to get to trial. The scheduling of your final hearing is dependent on the calendar and availability of the judge.
The portion of passive appreciation in the property characterized as marital and subject to equitable distribution is determined by multiplying a coverture fraction by the passive appreciation in the property during the marriage. Interspousal gifts during the marriage. All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.
All real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is nonmarital.
All personal property titled jointly by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. In the event a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is nonmarital. The burden of proof to overcome the gift presumption shall be by clear and convincing evidence.
Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities;. Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets;. All income derived from nonmarital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset;. Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred in exchange for such assets and liabilities; and.
Any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse. Any such liability shall be a nonmarital liability only of the party having committed the forgery or having affixed the unauthorized signature. This subparagraph does not apply to any forged or unauthorized signature that was subsequently ratified by the other spouse.
The date for determining value of assets and the amount of liabilities identified or classified as marital is the date or dates as the judge determines is just and equitable under the circumstances. Such presumption is overcome by a showing that the assets and liabilities are nonmarital assets and liabilities. The presumption is only for evidentiary purposes in the dissolution proceeding and does not vest title. Title to disputed assets shall vest only by the judgment of a court.
After the determination of an equitable distribution of the marital assets and liabilities, the court shall consider whether a judgment for alimony shall be made.
All claims formerly identified as special equity, and all special equity calculations, are abolished and shall be asserted either as a claim for unequal distribution of marital property and resolved by the factors set forth in subsection 1 or as a claim of enhancement in value or appreciation of nonmarital property. It is enforceable without consideration other than the marriage itself. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;.
The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;. The establishment, modification, waiver, or elimination of spousal support;.
The making of a will, trust, or other arrangement to carry out the provisions of the agreement;. The ownership rights in and disposition of the death benefit from a life insurance policy;. The choice of law governing the construction of the agreement; and. Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.
The amended agreement, revocation, or abandonment is enforceable without consideration. The party did not execute the agreement voluntarily;. The agreement was the product of fraud, duress, coercion, or overreaching; or. The agreement was unconscionable when it was executed and, before execution of the agreement, that party: a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and.
Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. In any award of alimony, the court may order periodic payments or payments in lump sum or both.
The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection 2 supporting an award or denial of alimony. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years.
An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of bridge-the-gap alimony shall not be modifiable in amount or duration. The redevelopment of previous skills or credentials; or. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis.
An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s.
However, the length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage. Permanent alimony may be awarded following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in subsection 2 , following a marriage of moderate duration if such an award is appropriate based upon clear and convincing evidence after consideration of the factors set forth in subsection 2 , or following a marriage of short duration if there are written findings of exceptional circumstances.
In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with s. If there is a minor child of the parties and both parties so request, the court may order that alimony payments need not be directed through the depository.
In this case, the order of support shall provide, or be deemed to provide, that either party may subsequently apply to the depository to require that payments be made through the depository. The court shall provide a copy of the order to the depository. If the provisions of subparagraph 1. The party shall provide copies of the affidavit to the court and the other party or parties. Fifteen days after receipt of the affidavit, the depository shall notify all parties that future payments shall be directed to the depository.
In IV-D cases, the IV-D agency shall have the same rights as the obligee in requesting that payments be made through the depository. The court shall adjudicate his or her financial obligations to the spouse and child and shall establish the parenting plan for the parties. Such an action does not preclude either party from maintaining any other proceeding under this chapter for other or additional relief at any time. The writ shall direct that service and execution of the writ may be made on any day of the week and any time of the day or night.
The writ shall be enforceable in all counties of the state.