In an ideal world, marriages would last forever. However, this is not the case and some marriages do end up in divorce. According to the Centers for Disease Control and Prevention (CDC), the US divorce rate stands at 3.4 per 1,000 couples. For married couples who separate, 79% eventually divorce. This is according to a study carried out by a researcher from the Ohio State University. Before finally parting ways with your partner for good, you would obviously need to fulfill certain legal requirements. If you tied the knot in Broward County, FL, you should get a Broward divorce lawyer. The benefits of seeking legal help for the dissolution of marriage include:
Dividing Assets in Divorce in Florida
Florida is considered a "no fault" state when it comes to dissolution of marriage actions. This means that neither party has to show fault in order to obtain a divorce. Previously, "at fault" states required there to be a reason other than "irreconcilable differences" to grant a party a divorce. When fault was demonstrated, it could also result in the at fault" party receiving less than 50/50 for equitable distribution of the marital assets. Since Florida is a "no fault" state, even if there is infidelity, Florida will operate under the laws of "equitable distribution," which means that property acquired during the marriage (up to the actual filing of a petition for dissolution of marriage) belongs to the marriage and both parties are equally entitled to a 50/50 split, regardless of the person who earned it. The same applies to dividing liabilities incurred during the marriage, regardless of which spouse incurred the debt. All assets and debts are essential pooled into a pot and then equally divided, unless there is justification for an unequal distribution.
Handling of Child Custody Issues
Most couples who seek marriage annulment have children. This makes the divorce a real challenge because there are family laws that come into play specifically touching on child custody. In fact, reaching a mutual agreement on child custody is one of the most difficult decisions in a divorce settlement. However, a qualified and experienced lawyer would be able to help you navigate through the murky child custody issues as well as paternity issues if they arise. Ideally, you should hire a lawyer who can help you minimize the impact of the divorce on your children even if the case revolves around their custody. A lawyer can achieve this by taking complete control of all the legal issues and, therefore, allow you time to focus on your children instead of fighting with your partner over child custody and other legal issues.
Besides child custody, you also need legal advice and representation during property division. Whether you coown large marital assets or share just a few household items, a lawyer will be of service. Among the most common items/properties that couples have to divide include vehicles, jewelry, insurance policies, investment accounts, real estate, furniture, and electronic appliances. It may not be easy to part with possessions that hold personal as well as sentimental value. By hiring a lawyer, you and your partner would be more likely to get an equitable distribution of shared assets.
Help with Child Support
After the dissolution of a marriage, the parties involved must agree on child support. Some of the factors that determine child support payments include earning potential, medical expenses, ages of the children, number of children, as well as education expenses. In addition, your spouse may require rehabilitative alimony to redevelop or acquire new skills through training or education. Durational alimony is another form of child support that is not permanent. Instead, you provide the support whenever your spouse requires financial assistance for a certain period. With the help of an experienced attorney, you can reach an amicable agreement on alimony issues.
Divorce can be messy and bitter. Despite the marriage being over, you should be able to spend some quality time with your children. In fact, it is necessary to maintain physical and emotional contact with kids you may have raised together. Visitation rights will ease the emotional impact of divorce on you as well as your children. Although visitation sounds easy, it can be a tricky matter to implement properly. For instance, divorced couples need to plan summer holidays with visitation in mind. With the help of a lawyer, you would be able to get good advice on issues such as court-ordered time-sharing and the interpretation of case precedents.
Help with Post Judgment modifications
After agreeing to a divorce, some couples request for post-judgment modifications. This is normally due to certain changes in their lives including remarrying, relocation to a new state, and loss of a job. These changes can affect the ability of one spouse to pay child support, carry out parental responsibility such as child visits, and paying alimony. If your personal circumstances change suddenly, your lawyer should be able to help you with the mediation of a modified divorce agreement.
Help with Execution of Prenuptial Agreement
Today, many young couples tend to prepare prenuptial agreements before tying the knot. This plays a big role during divorce proceedings if couples with such an agreement decide to split. In such a case, you need a lawyer who has handled such cases in the past.
If your marriage has become untenable, consult a Broward divorce lawyer for legal advice. In addition, your lawyer will represent you during child custody and support proceedings. Divorce also involves the sharing of marital assets. By hiring a lawyer, you will be able to reach an amicable agreement on the equitable distribution of joint assets. Other benefits of hiring a divorce lawyer include help with post-judgment modifications, paternity, and prenuptial agreements.
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David Brandwein Law Firm