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Founded in 1997 we are experienced and knowledgeable Tampa attorneys practicing exclusively in Divorce, Family, Stepparent/Relative Adoption, Criminal Defense, and Personal Bankruptcy. We practice primarily in the cities of Tampa, Riverview, Brandon, Valrico, Lithia, Carrollwood, Northdale, North Tampa, Plant City as well as Hillsborough County, Pinellas County and Pasco County. We have offices conveniently located throughout Tampa Bay. Our lawyers have extensive experience practicing in contested and uncontested divorces, including military divorces, and family law, child support, child custody and visitation, relocation of children, alimony, domestic violence, distribution of assets and debts, retirement/pensions (military and private), enforcement and modification of final judgments, paternity actions, adoptions and name changes as well as criminal defense. We offer a free consultation to discuss your options. Please call us at 813-672-1900 or email us at info@familymaritallaw.com to schedule a consultation. Our representation of our clients reflects our dedication to them. We look forwarding to hearing from you! Se habla EspaƱol.
Showing posts with label spousal support. Show all posts
Showing posts with label spousal support. Show all posts

Thursday, July 21, 2016

Trial Separation – Is it an Option in Florida?

The decision to divorce isn’t always an easy one. Sometimes, couples may want some time apart to help them decide whether they want to continue the marriage or move on. In Florida, there is no legal separation. However, couples can still take some steps before filing for divorce, as long as they protect themselves in the process. Remember that separated couples are still married, under Florida law, and so they must be sure that they are able to agree to the issues that may come up during this time period.
Alternatives to Legal Separation
Couples in Florida may live separately before they divorce. If you choose to do this, however, it is advisable to create a separation agreement. While this is not a document that is approved in the family court system, it does provide a degree of protection for couples in this situation. Another option is to enter into a postnuptial agreement. A postnuptial agreement is similar to a prenup except that it is executed during the marriage, rather than prior to it. The postnuptial agreement should include all of the same issues that are handled in a divorce, such as:
  • Distribution of assets;
  • Allocation of debts;
  • Child living arrangements;
  • Child support and visitation; and
  • Spousal maintenance.
Resolving these issues now will help to better navigate a divorce, should the couple decide to move forward in that direction.
File a Petition for Support
One legal document that can be filed separately from a divorce is a petition for support. The petition is a request for child support, spousal support, or both. Money may be needed to allow both spouses to continue to pay the mortgage, and other necessary bills and living expenses. The support petition is a good option for those whose spouses have already moved out, but there is no pending divorce petition filed. These issues can be addressed again later, as part of the divorce proceedings.
Seek Counseling
Couples in turmoil may want to get counseling to help them decide what to do. Many times the couple simply needs some time apart to review the relationship and work on issues that need to be repaired. Counseling can be done together, as a couple, or alone.
Rules of Separation
There are no rules for separation, but couples should follow some guidelines to help them prevent problems. When separating, make a unified decision on how finances will be handled. Get copies of all bank accounts, pensions, and other records so you can review them later. Meet with a skilled divorce attorney to learn about your options, even if you have not yet decided to part for good. Continue regular communication so that you can assess the progress of the situation. Keep up regular child visitation, so there is as little disruption for the children as possible. Finally, set a timeline for the separation so that it won’t go on indefinitely.
If you are considering a separation or divorce, contact the Tampa divorce attorneys and bankruptcy lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.
By Lynette Silon-Laguna Google+

Tuesday, December 8, 2015

Alimony in Divorce

Alimony is money that is paid by one spouse to the other during or after a divorce. There are several types of alimony, also known as spousal support or maintenance. Whether you will get paid alimony will ultimately be determined as part of your final divorce settlement terms. While alimony was often a common part of every divorce proceeding, today, this is not necessarily the case. With more dual-working couples, the need for spousal support has decreased. If you require alimony it is best to discuss your needs with an experienced divorce attorney as soon as possible.
Alimony is decided on a case by case basis and there are many issues that will factor into the decision to pay alimony as well as the length of time the alimony will be paid and how much money will be provided. The general divorce settlement terms should be decided by both partners as part of the divorce – if couples cannot agree the courts will usually ask couples to go through mediation prior to ultimately making a ruling.
How Alimony is Determined
Many things are considered when determining the details of alimony. For example, if one partner worked while the other stayed at home to care for the children, the working partner may be required to provide alimony to the other. However, the terms of alimony will be decided by many different factors such as:
  • Length of the marriage;
  •  Assets and debts;
  • Current salaries;
  • Number and ages of children;
  • Ability of both parties to get future employment;
  • Educational background;
  • Age; and
  • Lifestyle.
Types of Alimony
There are various types of alimony in Florida. Each type is designed for a specific purpose. Some of the most common types of alimony include temporary, bridge-the-gap, and lump sum. Temporary alimony is intended to provide one party with money for immediate living expenses for a short period of time. This type of alimony will usually end at a specific time. Bridge-the-gap alimony is money paid for a period of time while the spouse does what is necessary to prepare to re-enter the workforce. This is specifically used for couples where one spouse may have been out of the workforce for some time and may now need to take classes or otherwise prepare to go back to work. Lump sum alimony is a specific amount of money awarded to one spouse as part of the divorce settlement. This one transaction will complete the alimony obligation.
Alimony in Settlement Terms
Alimony is just one of the various settlement terms that must be agreed upon by divorcing couples. Financial considerations, such as alimony, are often a point of contention. Your attorney has experience working through negotiations and mediation. You must supply all of the necessary financial information along with employment history and educational background.
Alimony is not designed to punish either spouse, but instead is supposed to provide equitable money distribution so both people continue to live in the manner to which they have become accustomed. The judge makes alimony part of the divorce settlement terms that will be ordered in the final judgment. An experienced divorce attorney will assist you through the entire divorce process and will advocate for your rights.
When you are seeking a divorce, count on our compassionate attorneys for the guidance and assistance you need. Contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.
By Lynette Silon-Laguna Google+

Did Divorces Really Spike During Pandemic?

The COVID-19 pandemic started nearly one year ago and at that time, predictions were being made that it would cause a spike in divorce cases...