When you want to get divorced or if you have been served with divorce papers, your life is going to change quite a bit. Filing for divorce is like nullifying a contract you have. Morla Law Group, P.A., understands that not only are the changes stressful, but the uncertainty of what will happen during and after the divorce could be stressful. We take this into consideration while we are working with you to ensure that your rights are not infringed on during the proceedings.
In Florida, it usually doesn’t matter who files since this is a no fault state. If you feel it’s time for a divorce, contact our firm to help you with the filing as there are several documents that need to be filed with the court, including the petition, a financial affidavit, parenting guidelines and a child support worksheet if you have children, and several other documents.
Even if both spouses agree on the division of assets, custody, spousal support (alimony) and other issues, it’s better to have an attorney file the documents and draft a marital settlement agreement for you so that your rights are not violated. No matter how friendly you and your spouse are, a settlement agreement protects both of you after the divorce, especially if children are involved. When you have children, you’ll have to be in contact with your spouse at least until the children are 18 or 21, depending on the circumstances.
Paternity actions may be filed by the father or the mother. A father may file a paternity action if he needs to prove the child is his so that he can be a part of the child’s life. A mother may file a paternity action if she is attempting to get child support and visitation from a father who doesn’t believe the child is his.
Spousal support is usually ordered for long term marriages or in circumstances when a spouse needs a little help getting back on his or her feet after a divorce. A stay at home spouse may need some time to get a job or the education to get a job that will support him or her after the divorce. Sometimes, spousal support may be ordered when a spouse has a medical issue that stops him or her from working. The court looks at the entirety of the situation before ordering spousal support, including the needs of the spouse requesting alimony, the ability of the other spouse to pay, children of the marriage and more.
Child support is governed by Florida Statute and is based on a percentage of each parent’s income. The incomes of both spouses are combined to determine how much support is required. If both parents make the same amount of money and no spousal support is ordered, they will pay the same amount of child support to the person who has the majority of time sharing. The amount of time a child spends with each parent is also considered when figuring child support.
The court is going to award custody so that it is in the best interest of the children. This may mean the child spends more time with one parent than the other or it could mean that the child spends 50 percent of the time with each parent. Equal time sharing is easier if both parents live in the same school district and their work schedules allow for it.
Contact Morla Law Group, P.A.
Contact our firm for a consultation to learn more about filing for divorce, paternity actions, child support and custody issues, alimony and more if you are filing for divorce or if you have already been served with divorce papers.