Sadly, as a result of early marriage and other factors, the state of Florida has one of the highest divorce rates in the entire country. And with over 50,000 divorces each year, in the state alone, it has become a place for many former couples to start anew. While most of us have hopes of reconciliation, and possible even saving our marriages, divorce has just become a fact of life in our society that we simply must learn to deal with. If you are preparing or even contemplating a divorce, it is vital that you seek out the help an experienced Florida divorce attorney, such as Steven Veinger, Esq. With over 20 years of experience, practicing all manners of law, Mr. Veinger has helped a variety of both men and women come to a fair, and equitable dissolution of their marriage, and provide clients with the simplest path to divorce possible.
Divorce is Never Easy
If a marriage doesn’t work any longer, it may be in the best interests of both parties to seek a divorce. And while many feel that having known a person for years or even decades means that they can expect a smooth, fair, dissolution of marriage, the fact is that that is rarely ever the case. Divorces can often turn ugly and grow into a complex situation to navigate for either party – where fairness is often the last thing on the mind. Situations such as this will come down to who has the most leverage, and who has the best legal representation.
Filing for Divorce in Florida
In order to file for a dissolution of marriage in the state of Florida, at least one spouse must have lived in the state for at least 6 months before filing. The other party, the respondent can either agree or disagree with the petition and depending on their reply, the divorce will either proceed amicably or the petitioner may file with a contested dissolution.
In Florida, there are only two legal grounds for a divorce:
- The marriage is unreconcilably broken.
- One of the parties has an issue which mental incapacity and they were judged incapacitated for the prior three years.
The state of Florida is an equitable distribution state. this means that all marital assets and debts must be distributed in a fair and equal manner. This also may take into account child support, time-sharing, and alimony payments. This is where having a high-level negotiator and advocate like Steven Veinger can help. Over the years he has helped many parties come to fair and favorable terms for the division of assets.
Alimony payments are possible in some divorce scenarios and can be granted to either party, based on the requesting spouse’s need and the ability for the other spouse to afford it. In Florida, alimony exists in four separate categories:
- Bridge-the-Gap – This is short term alimony, that can be paid for a maximum of 2 years, in order to help the other party get used to the transition from a married person to a single person.
- Rehabilitative – Is a type of alimony meant to foster self-sufficiency in the other party by helping them to redevelop skills or credentials. This can be done by helping them get training, work experience, or even an education so they can develop employment skills and the ability to hold a fruitful job. A plan must be included in this.
- Permanent – This type of alimony is given to a spouse who lacks the financial ability to meet their needs and the necessities of life as they were established during the marriage. Permanent alimony may be awarded following a long duration marriage, or a moderate duration marriage if appropriate.
- Durational – This is another type of alimony payment that gives one party financial assistance for a set period of time.
Generally, alimony payments are canceled if either party passes away or if the receiving party gets remarried.
Child Support & Custody
Child custody is generally based upon the best interests of the child, meaning whichever party can demonstrate fitness to care for the child, and which spouse the child would like to stay with. However, both parties must have access to spend time with the child, especially if they are a minor.
When it comes to child support, the state of Florida uses the Income Shares Model – this means that it is often based on the combined income of both parents, their individual contributions to the child’s care (including healthcare costs & insurance), and the financial costs of the child’s care.
In certain situations, in which certain conditions are met, the state of Florida may allow for an simplified dissolution. These conditions include:
- An agreement between both spouses that the marriage is past saving.
- The couple does not have children who are minors, nor dependents, and the wife is not currently pregnant.
- Both sides give up the right to a trial or an appeal.
- Neither party is seeking alimony.
- They have been able to reach an amicable decision in regard to the division of assets.
While a simple dissolution would be ideal, they are not often the case. With Steven Veinger representing you, you can be sure you will have an experienced divorce attorney, that will work hard and fight for you to get the best possible terms for you and your family, while honoring your wishes and every need. For more information or to schedule a consultation, contact the Law Offices of Steven Veinger at (305) 682-0401.