In Florida, divorce is called Dissolution of Marriage. Florida is a no-fault "divorce" state, which means that the Courts do not look for abandonment or infidelity, or the numerous "fault" reasons for a divorce. The Courts just look for the most equitable solution for the spouses. Divorce can be an amicable process and be resolved through mutual divorce agreement if the parties know how to communicate well. The parties can obtain a simplified divorce if they have no minor children and if they have already divided their marital property.
Obtaining a Final Judgment on the Dissolution of Marriage through simplified divorce process, can be less costly and less time-consuming. Additionally, with divorce by mutual agreement, both you and your spouse have more control and and decide to do with the marital assets and marital debts.
Typically, through mutual agreement both parties define for themselves what is their best dissolution position. Spouses are empowered to make essential decisions regarding property division, child custody, child support and alimony.
We prepare a detailed marital settlement agreement (MSA). A marital settlement agreement spells out the terms of the divorce, including division of assets and debts as well as the relationship between the two spouses after the divorce. and all of the necessary documents and attendance at the final hearing. We review all the documents with you so you can have a better understanding on how the simplified process works.
Should a Simplified Divorce not be the direction you will be taking JP Law Group, P.A. is ready to proceed through litigation. We can help establish a marital settlement agreement through Family Court. These agreements are usually very detailed and cover everything from Real Estate Property, personal property. Child support, spousal support, Liability Divisions and any other issues pertaining to the divorce.
Child support in the state of Florida is determined by child support guidelines that account for the incomes of both parents. Although these guidelines are strict, they can be modified if either party's income changes significantly.
Calculating Child Support
According to Florida Rules of Procedure, both parents must show proof off the following documents in order to properly calculate Child Support. Family Court also takes into consideration of the court order overnights, special needs of the child(ren), a reasonable or necessary expense and or health insurance, as well. We will advise you if such credits do exist.
1. Salary or wages.
2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.
3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. “Business income” means gross receipts minus ordinary and necessary expenses required to produce income.
4. Disability benefits.
5. All workers’ compensation benefits and settlements.
6. Reemployment assistance or unemployment compensation.
7. Pension, retirement, or annuity payments.
8. Social security benefits.
9. Spousal support received from a previous marriage or court ordered in the marriage before the court.
10. Interest and dividends.
11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.
12. Income from royalties, trusts, or estates.
13. Reimbursed expenses or in kind payments to the extent that they reduce living expenses.
14. Gains derived from dealings in property, unless the gain is nonrecurring.
Modification of Alimony:
Alimony/Modification of Alimony
As long as alimony was awarded in the original Final Judgment (divorce decree) for Dissolution of Marriage, the law states that most types of alimony may be modified or terminated when there has been an unexpected, involuntary, and substantial change in circumstances that affects the former spouse's ability to pay, or the other spouse' need for alimony.
Modification of Agreements
Before you can file for a modification of alimony in Florida you must qualify by having a “Substantial Change in Circumstances.” If you do not satisfy that requirement you cannot open a modification case. A “substantial change in circumstances” means a change that was unanticipated at the time the alimony was ordered by the court. The change must be permanent, involuntary, and material (more terms to define and argue over).
• Health issues
• Long-term unemployment
• Large raise
• Substantial inheritance
• Lottery winnings
• Availability of medical insurance
• Payer’s long-term involuntary decreased ability to pay
• Retirement by the payor
• Voluntary changes in circumstances that are smart and well thought out decisions
• Payee gets remarried
• Payee fraud in obtaining alimony
Divorce For Same-Sex Couples
As of January, 2015, marriage became legal for same-sex couples in Florida. Here at Jarbath Peña Law Group, P.A. we take pride in representing same-sex couples and understand that the same rules and procedures apply.