Divorce, or the dissolution of marriage, is the termination of marriage and cancels or reorganizes the legal duties and responsibilities of marriage. Dissolution requires a legal process to work through the issues Dissolution brings; Alimony, child custody, child visitation, parenting time, child support, distribution of property and domestic support.
When couples say, ‘I do,’ it is difficult for them to imagine a time when they will be saying, ‘I don’t!’ Divorce is a traumatic, stressful, and potentially costly life event best navigated with the help of an experienced attorney. Paul J. Burkhart and his team of lawyers will be there with you, each step of the way helping you achieve the best outcome possible for each issue you may face. He can help guide you through the issues, specifically; child custody, domestic support, and division of property or debt.
Divorce and Florida Law
Florida has adopted a process called the ‘dissolution of marriage’ to end the marital relationship and help couples work out any complex issues they may face when there is no chance the marriage can be reconciled. In Florida, either spouse can end the marriage provided either spouse resides in Florida for six months by filing a petition in the circuit court.
If there are no children involved and all issues have been agreed upon, couples may obtain a divorce through the simplified dissolution of marriage. If all paperwork is complete, a judgment for divorce can be entered by the court as soon as 20 days. In most cases, couples apply for a regular dissolution of marriage and can settle all matters relating to the ending amicably. When things are not resolved amicably, Paul J. Burkart’s firm handles contested divorces by being strong advocates in the courtroom and protecting your legal rights.
Florida is a no-fault and equitable distribution state. A parting couple can decide how to divide property together, however, in the event, they can’t amicably, the courts will distribute all martial properly(personal possessions, real estate, income and debts acquired during the marriage) with the assumption it will be divided equally. The court considers all factors(duration of the union, circumstances of spouses, where the children will be living) when deciding how to distribute property fairly.
Temporary or permanent alimony may be granted to a spouse through the Florida courts provided the other spouse can pay. The court will consider all economic factors to determine the amount of alimony by looking at the standard of living established, and the earning capacity of each spouse during the marriage. The courts will also consider acts of adultery committed when determining alimony. Once the amount has been determined, a modification is always possible if financial circumstances change.
Florida courts determine appropriate child support amounts by using Florida’s state guidelines. These decided payments are to be paid until the child is 18 unless the court decides otherwise. Health insurance coverage costs and medical expenses not covered by insurance and who covers these costs or if they will be shared will also be determined. Support payments can be withheld from the paying parent’s paycheck or can be paid directly to the receiving parent. The Child Support Enforcement Bureau enforces child support orders.
Florida courts determine child custody based on the best interest of the child and typically says parents will share parenting responsibilities unless it would be detrimental to the child. As with any issue, couples may face throughout a divorce; a child custody plan can be agreed on by the couple by meeting with a state-approved psychologist.
Paul J. Burkart
At the Law Offices of Paul J. Burkhart, family law and divorce is one of our specialties. We proudly serve all of our clients’ needs by providing personal, experienced service.
Our team assists both individuals, and business clients with all their legal needs, including business and Corporate Transactions, Business/Commercial and Civil Litigation, Real Estate, Intellectual Property, Family Law, and Estate Planning matters. We are a full-service private law firm ready to assist you with any request, large or small. Call 561-880-0155 or visit our website.
Law Offices of Paul J Burkhart, PL
Business litigation and business contracts
800 Village Square Crossing
Palm Beach Gardens, FL 33410
Phone: (561) 880-0155
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