A Guide to Florida’s Alimony Laws

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alimony lawsMany factors must be considered by the court when deciding how to handle divorce cases. Each case is unique and must be thoroughly reviewed before passing judgment. This is especially true when determining alimony payments; alimony is a payment made from one ex-spouse to the other due to a financial disparity between the two at the time of divorce. There are five types of alimony that can be awarded in the state of Florida.

Types of Alimony in Florida

  • Temporary alimony

Also known as spousal support, temporary alimony is ordered to be paid during the divorce proceedings only. Once the final divorce judgment is made, temporary alimony typically is converted to one of the other types of alimony. (more…)

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How a Military Divorce Differs from a Civilian Divorce

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Military DivorceThere’s a lot of conflicting information out there about military divorce. Higher divorce rates among military couples have always been rumored, but the evidence is sparse, and more research is needed. One thing guaranteed in a military divorce is that you will run into issues that civilians never face. A few of the most common issues military members face when divorcing are:

  • How to split a military pension.

The federal government considers a military pension to be a marital asset and allows state courts to treat it as such when deciding how to divide marital property.  (more…)

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Reasons to Request a Child Custody Modification

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Request a Child CustodyOne of the most difficult parts of any divorce or separation is child custody. No parent wants to think about not being with their children, but this is a challenge a couple parting ways must face. At the time of the divorce or separation, a family court judge will decide how to split the children’s time between the two parents. The judge may choose to award primary custody to one parent with the other parent allowed visitation or scheduled overnight visits; Joint custody awarded to both parents, with the children splitting their time evenly between the two; or, Sole custody awarded to one parent, with the other parent having no visitation rights at all.

There are many factors that the judge will consider when ruling on a child custody hearing. These factors may change at any time, justifying a review of the custody arrangement and possible modifications if it is in the children’s best interests. Just a few reasons a parent may wish to request a child custody modification include: (more…)

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What Rights Do Fathers Have in Florida?

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Fathers have the same rights as mothers in Florida. Under the law, neither fathers nor mothers have any presumptions for or against them when it comes to their children.

But judges are human, and humans have biases. Judges will sometimes rely on their prejudices rather than the evidence presented to them. As a result, you may receive an unfair outcome, even though Florida law establishes a policy against discrimination.

Here are a few of the rights you should expect as a father in Florida.

Legal Custody

“Legal custody” describes the right to have a voice in decisions affecting the child. Legal custody includes decisions about the child’s religion, activities, education, and medical care.

Florida law does not mandate joint legal custody. But in most cases, a father should be able to receive joint legal custody.

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Questions You Should Ask Before Hiring a Family Law Attorney

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The lawyer you choose for your case could have a huge impact on the outcome. Every lawyer has a unique set of experiences, knowledge, and strategies to call upon during a case. You will need to ask the right questions to find the right lawyer for you.

Here are some of the questions you should ask before hiring a family law attorney.

How Much Do You Charge?

Billing is one of the most common disputes that can arise between a lawyer and a client. Asking about fees before you hire your lawyer will help you avoid any misunderstandings about what you will pay for your case.

Most states do not allow family lawyers to charge a contingency fee for divorce cases. Instead, you will probably pay a flat fee or an hourly fee, depending on the case. 

For example, a family lawyer may charge a flat fee to file an uncontested divorce. But if your spouse contests child custody, child support, property division, or alimony, your lawyer will probably charge an hourly fee.

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