Going through a divorce is never an easy thing. The legalities involved can easily make a complicated mess that could never go away. If you see yourself needing to navigate through a divorce, you may come upon many challenges if you both reside in the same town. However, if your significant other resides abroad, then you may be left to wonder if your divorce will be valid.

There is never a case that is the same when it comes to foreign divorces, and any questions that you might have should be addressed to a divorce attorney located near you. Your attorney will be able to determine the validity of your divorce based on several factors.

Foreign Divorce Jurisdiction (Federal or State)

Divorces and marriages conducted in the United States are always under the jurisdiction of the state and are not considered a federal matter. The U.S. has no treaty with any country when it concerns a judgment being enforced. This includes any foreign divorces being recognized.

Comity Recognition

If your divorce was issued abroad it is formally recognized by your state based on comity, which is the recognition that is mutual between two nations based on the foreign country’s customs and laws as long as the involved parties both obtained enough notice.

When the comity principle is used it is based on the credibility and full faith of the individual in order to be recognized in a state or country. Even if comity is recognized for the ex parte divorce decree, where only one party is absent for it, the state will normally judge it based on the jurisdiction of the foreign decree thereby withholding comity if it has yet to be validated by the foreign domicile first.

A U.S. state court that has had to address the circumstances of a foreign divorce, which involved both parties but where neither party resides, has determined and viewed the divorce as being invalid.

Determining a U.S. State’s Authority to Validate Foreign Divorces

For all questions concerning the determining of the validity of a foreign divorce, you need to present your case to your state’s attorney general office. If your state’s AG is not able to assist you, then you need to obtain a divorce attorney in Miami so that you can be fully educated on the whole process. Once you meet with your attorney, make sure that you present them with all copies of the laws governing divorce from the foreign land, divorce decrees, and marriage certificate copies.

Recognition that is Practical

A lot of jurisdictions instill a prohibition that prevents a divorce from being attacked by a party later on. This is known as “estoppel” and is a principle-based on fairness. As such, a court may make it impossible for an attack to happen if it is found to be unfair.

With practical recognition, it could be obtained by any means including estoppel, unclean hands, or laches which can cause the attacking party to be barred effectively and denied the ability to seek an invalidity judgment.

Divorces Registered Abroad

U.S. law does not afford any provisions towards registration of divorce decrees at embassies that are abroad.

The post How to Know if Your Foreign Divorce is Valid? appeared first on Miami Divorce Attorney.

Life changes can sometimes feel overwhelming and divorce is definitely not excused from this likelihood. Before you file for you begin looking for a Miami divorce attorney, there are a few things you should know that will save finances and time in the long run.

Florida Divorce Requirements

Have you or your spouse decided it’s time to go your separate ways and one of the two of you live in Florida? If one of you isn’t a resident of Florida, you must be stationed on a military base within the state. If you both agree that the marriage is over, you can cite “irreconcilable differences” and mutually put it in writing that the marriage is over.

If either of you denies that the marriage is beyond repair or a child is involved the court will likely order the two of you seek marriage counseling for up to 90 days.

Beginning the Divorce Process in Florida

Divorces are also referred to as a dissolution of marriage. In Florida, your divorce begins legally at the point when you or your spouse go to the Family Department to file a Petition for Dissolution of Marriage in the local circuit court. The non-filing spouse will be served with the divorce papers. He or she will be given time to answer the suit.

There has to be an agreement between both parties of the marriage on multiple factors. First, debt has to be divided and agreed upon just the same as property. If there are any children from the marriage, if custody of the child and visitation have been agreed upon and put in writing by both parties, there won’t be a need for a trial in order to finalize the divorce.

If an agreement cannot be reached, the court will give both parties (and their legal representation) an assigned time for the hearing.

Assets from the Marriage

Assets and debts that are collected over the time of the marriage are called marital assets. The debts are divided equitably as are any assets. Any property a party owned prior to the marriage is non-marital assets only if the property was kept separate from the marital assets. Both parties in the divorce can retain their non-marital assets.

Spousal Support

Spousal support, also known as alimony, is an obligation for the provisional partner in the marriage to continue to support the other financially. In Florida divorce court, the court can order spousal support. The factors that will be taken into consideration are:

• how long did the marriage last
• what was the couples’ standard of living
• age and health of each spouse

Child Custody

If the two parties in a divorce cannot come to an agreement on who will be the custodial parent, the court will decide where the child will live according to his/her/their best interest. Unless it is found to be a harm to the child’s development and upbringing, the court will normally award shared custody. The court will take into consideration who can provide the best primary residence and education. Depending on the child’s age, his/her preference will matter as well.

Child Support Paid by the Non-custodial Parent

Florida divorce laws have jurisdiction over child support guidelines. Judges follow these guidelines in order to decide how much support is needed to properly take care of the child and what portion the non-custodial parent will pay to the custodial parent. Both parents’ income will be taken into consideration as well as the child’s medical and daycare costs. The court may also choose to set aside assets in a trust fund for the child’s future support and educational costs.

The post 5 Helpful Things to Know About Florida Family and Divorce Law appeared first on Miami Divorce Attorney.

If your marriage has broken down and cannot be repaired and you’ve decided that it’s time to declare it’s the end, then a divorce is imminent. It is wise to research the benefits of being the first to file for the divorce. There are legal representatives on the market that will argue that there’s no advantage or disadvantage over being the first to file for dissolution.

But there are, indeed, advantages over being the first to contact a Miami divorce attorney in order to file for divorce. Take your time in choosing your attorney. You don’t want to choose a lawyer on the fly. If you are served with papers, you have a short period of time to find a lawyer and file an answer within the thirty-day time limit after you get served with papers.

An advantage to File First a Divorce

 If you file first, you have the time to prepare yourself mentally and emotionally as best you can. You also can prepare yourself financially for the divorce. You will also be more in control of the timeline of how the proceedings play out. As the first person to file, you will be known as the petitioner. The petitioner’s counsel gets the right to make the first argument when the trial begins.

If you are the one to begin the process of disillusion then you can start protecting the community assets before your spouse. Filing first also can stop your partner from stalling. Both parties are rarely in 100% agreement on ending the marriage. Filing first gives the opposing party less time to prepare for the divorce.

The Division of Property

If you are the first to file for divorce, you have strategically placed yourself in the offensive position rather than the defense. In an ideal world, you and your spouse will work together to divide the marital assets and go through the dissolution proceedings in a manner that is amicable and orderly. If there is an anticipation of conflict regarding custody of any children born within the marriage or the division of property, then you definitely need to consult a Miami divorce lawyer to assist you with protecting your best interests as far as your family and your possessions. Any debts that have been amassed during the marriage are included in the marital assets. When the marital assets are divided this includes a division in the responsibility for any marital debts.

When the divorce is final, the judgment will include determinations of:

• The official date the marriage ended
• Who will be the custodial parent
• Visitation schedule for the non-custodial parent
• Determination of child support
• Determination of who will pay for health insurance for the child(ren)
• Division of property
• Alimony (if any)

The post What are the Financial and Legal Advantages of Being First to File for Divorce appeared first on Miami Divorce Attorney.

How Soon Can One Remarry After Filing For Divorce In Florida

Sometimes things just simply don’t work out, and that’s completely fine. If it ever gets to the point to where you and your loved one no longer see eye to eye and must file for a divorce in Florida and, for one reason or another, you’d like to remarry, then it should come to your pleasant surprise that there is no waiting period which one must endure after filing for a divorce, in Florida at least.

However, the fine print truly does come into play if and only if the state in which you’d like to be remarried just so happens to also be Florida. In which case, some restrictions do exist; they may not be an extensive laundry list of things which must be checked off before being able to (re)marry, but they do hold within themselves something to consider. Starting off with the basics, below are the only 2 requirements for getting (re)married in the state of Florida. Also, just as a side note, those who have been married previously must provide the clerk of the circuit court office with the date of divorce, the annulment, or proof of spouse’s death.

Requirements For Getting Remarried

1. Generally speaking, both the bride and groom are required to be 18 with few exceptions.
2. A marriage license specific to the state of Florida must be obtained.

If only obtaining said license were that simple, though. To do so, the spouses must go to their local clerk of the circuit court office to apply for a marriage license, which expires just a mere 60 days from the date of activation.

How Much Do We Pay

The standard fee for this license is $93.50 for both residents and non-residents, though more on an offer exclusive to residents will be written below. Along with the fee of $93.50 for the marriage license, participating parties will also need to bring proof of identification, either in the form of a driver’s license, state ID card, or valid passport; on top of both parties having to provide their social security numbers as well.

If any of the participating parties is a resident of the State of Florida, then they could get the license for much cheaper, $32.50 cheaper in fact! The only catch is that both parties must complete a four-hour licensed Florida pre-marital course. Though there is quite a big benefit in doing so, and that comes in the form of the 3-day waiting period after issuance of the license before being able to actually get married, being waived.

With all of that being said and done, it is safe to say that the process of remarrying in the state of Florida isn’t something that would deter many people, as all of the requirements and procedures are quite standard and relatively inexpensive. If more assistance or information is required, please do reach out to your local clerk of the circuit court.

The post How Soon Can I Remarry After I File For A Divorce? appeared first on Miami Divorce Attorney.

What You Should Know About the Process of a Military Divorce in Florida

No matter what state you currently live in, military divorce laws and processes greatly differ from civilian ones. The final outcome and the grounds will remain the same, however, there is considerably more protection for an active duty service member compared to a regular civilian seeking a divorce in the State of Florida.

If you are married to an active duty service member or you are one, and you’re considering filing for divorce in Florida, there are a few key things you really should know before getting started. We’ve highlighted a couple of the most important points below, so please keep reading to help you know and understand your rights and options.

Can You File for a Military Divorce in Florida?

This is the first area you really need to consider before paying any fees or filing any papers. Since military families are constantly on the move and in many cases living apart, filing for a divorce in Florida may not be an option for you. Whether you are an active duty service member or not, either you or your spouse must be a legal Florida resident, or the military spouse must be currently stationed in this state.

Not sure if you are a legal resident? Typically, to file for a divorce in Florida, you must reside here for at least six months. If you recently moved here, you may have to consider additional options such as filing in your home state or in the most recent state where you both resided together.

Child Custody

Whether military or civilian, child custody is often a complex matter. However, if you are the active duty spouse in the marriage, and you are frequently deployed or TDY, the courts may decide to place the children in the care of the other parent to help provide the best possible chance of stability. As with all custody issues, there are so many factors to consider.

The good news on child custody and the process of military divorce in Florida is, the military service member has some protections, whether you are residing or you are currently stationed here. One example of a Florida protection is, a court cannot make any changes to a current custody order while you are deployed. Additionally, the SCRA has protections in place to ensure judgments are not entered against you while you are deployed.

The divorce laws and protections for military spouses and active-duty members can be complicated and are a process not easily understood. This is why, if you are in the military and are seeking a divorce in Florida, you should hire an experienced Miami divorce attorney to help you know your rights and options.

Facing a military divorce in Florida? Get experienced legal support from Bickman Law—call 305‑409‑3636 today for a free consultation and secure your rights on pensions, custody, and benefits

The post The Process of a Military Divorce in Florida appeared first on Miami Divorce Attorney.

End the Divorce

Only the person who files for the divorce can and will be able to stop the process. The other party can only contest the grounds that the spouse has cited in their petition. This can be related to property settlement or even custody. However, in any such state, would the court demand that a woman or man stay in a marriage if they don’t want to? Only early in the process can the person filing for the divorce stop the divorce from going further.

Follow the Steps Below to Learn How to Stop a Divorce

Step 1 – To start the process of ending a divorce, the person should visit the courthouse where the divorce petition was filed for divorce. Inform the clerk that there were papers filed and that there was a mistake. Different jurisdictions will have their own set of rules. Some of these documents can be found online; however, it’s always best to go in person.

Step 2 – Next, complete any documents that need to be filled out. This can be a one-page step, however, with the different rules in most states, it could be more. Within this document, or documents, will be outlined where the person stopping the divorce is doing so voluntarily and withdrawing the request. There doesn’t have to be any reason why the decision has been made.

Step 3 – Give the clerk the documents and make sure copies were made. It is the responsibility of the clerk to stamp the documents informing the court that a request needs to be dismissed.

Step 4 – If the state requires the filing spouse to provide the other party with the documents, it is the responsibility of the filing spouse to ensure it is delivered. This can be done in person or by certified mail. In many states, the court will appoint a certain sheriff to deliver the documents to the other spouse.

Stop the Divorce Process Before It’s Too Late

Nobody wants to discuss the word ‘divorce’ when the heart is saying no. Couples have their disagreements and misunderstandings all the time. Some couples can stand the test of time, while others are not able to. Which is perfectly fine. However, some men and women wish they could stop their divorce even when the papers and filing have already been submitted.

Truth be told, there is a way to stop the divorce if it’s been handled in a way that satisfies both parties. Bottom line, if the marriage can be saved, take the necessary action to stop it. Stop the divorce process before it is too late and start brand new with a different attitude, or that scary divorce word may come up again.

Thinking of stopping your Florida divorce after it’s already started? Let Bickman Law walk you through your options—from filing a Motion to Abate or a Voluntary Dismissal to understanding how timing impacts your case—call 305‑409‑3636 now for a free, no‑nonsense consultation!

The post Can I Stop the Divorce Process Once It Has Been Started? appeared first on Miami Divorce Attorney.

Florida: An Overview About Divorce Laws

If you have asked, “how long does a divorce take in Florida?” You will appreciate information about various laws surrounding the Dissolution of Marriage in the state. Any petition is going to need to be filed with the circuit court. This will be done in the county in which the Petitioner is residing. The Respondent will need to be notified of the petition. The Respondent will need to file an answer once they receive the notice. The Respondent is given 20 days to provide their answer. If they agree with the terms in the Petition and all needed paperwork is in place, there will be a final hearing. The divorce process can be very simple and quick. If minor children are involved, it will be a longer process. Keep in mind, financial matters will need to be settled if the couple has disagreements. This will need to be done in the court of law during the set court appearance. All legal papers must be in order so the judge can grant the final judgment at the hearing. Both parties will need to provide legal information. There are many financial factors and issues to contend with in the Florida court of law. Alimony may need to be granted to either of the two parties.

Florida has Four Categories of Alimony:

1. bridge-the-gap; this is intended to help a spouse make the transaction from being married to living life on a single income. It will be beneficial in helping with short-term needs during the divorce process
2. durational; this is meant to offer the receiving party added assistance for a period of time as directed by the court of law

3. rehabilitative; this is intended to help to achieve self-sufficiency. It can be beneficial in helping to obtain an education., needed job training or other items that foster employment and sufficiency after or during the divorce process
4. permanent alimony; this is awarded to the party who may lack the financial ability to be self-sufficient and will allow them to meet their needs while taking care of their financial necessities

A legal professional can provide more information about alimony and the Florida laws.

Florida Divorce Laws: Many Factors to be Considered

How long does a Miami divorce take in Florida? This question cannot be answered the same for every couple because there are many legal factors that must be considered by the legal court system. Include the following items:

* dividing up the assets in a fair and legal manner
* is an annulment a legal option?
* drug and alcohol abuse
* property and assets
* child placement and custody
* much more

An Uncontested Divorce

In Florida, an uncontested divorce can be completed in four of five weeks. The uncontested divorce is not complicated. Both parties agree to all terms and have no disputes that need to be dealt with in a court of law. The legal court is not needed in an uncontested divorce.

The post Divorce in Florida: How Long Does It Take To Finalize It appeared first on Miami Divorce Attorney.

Making the Tough Decision

Divorce can be one of the most stressful things you go through in life. The physical, emotional, and mental stresses can take a toll on you. However, the process of going through the divorce can be difficult especially in Florida. There are many steps you need to take to make it happen. It is essential to have a Miami FL family lawyer with you in order to complete the process correctly. Here are the steps to starting the divorce process in Florida.

The first thing you should do is to really think long and hard if divorce is right for you. There are a lot of options for counseling and mediation to make the marriage work. Divorce can have many harmful effects on children so it should be thought of as a last resort.

Filing the Initial Paperwork

The complexity of your divorce will depend on the state of your marriage. If you have no children and almost no assets to divide and distribute, then it will be a simple process. In Florida, Miami divorce is known as dissolution of marriage. There is a simple Dissolution of Marriage document you can file if all things above for your particular case. It works if everything is simple and straightforward with no alimony involved and you both want to just end things and move on with your lives.

However, for more complicated cases filing a Dissolution of Marriage document will be more difficult. A regular dissolution of marriage is what you file if you have more things to divide between you and your spouse.

The first step for this is to file the petition to dissolve the marriage. You can do this in the court where you both lived previously or were either of you currently live. Once this document has filed, your former spouse has 20 days in order to respond with an answer. The answer usually talks about what the disagreements were with the filing and your former spouse can their own counterpetition.

If your former spouse files a counterpetition, then you must file your own response to this counterpetition. In general, the more disagreements you and your former spouse have the longer the divorce process will be.

Getting a Response Back

Once these documents have been filed and everything sorted out, it is time to actually go through the process of the divorce. For example, if there are children involved child-support documents and custody agreements most be determined and filed. One person has to be the primary caregiver and the other will be required to pay child support payments. A financial affidavit must also be filed at most 45 days from the time the divorce petition was started.

Once these things have been filed then the process of dissolving the marriage will begin. Usually, this is a regular court case with lawyers and it can be complicated depending on how many assets are involved and whether you disagree with your spouse on anything.

Mediation

You are also required to go to mediation in some places in Florida.

The post How to Begin the Process of Divorce For Florida Residents appeared first on Miami Divorce Attorney.

The rules and regulations, once set and agreed to in writing, cannot be changed unless certain circumstances arise to warrant a change. A settlement agreement is an agreement between two parties that are often created when couples encounter a divorce. Divorce often warrants the splitting of established assets, children, and other such tangibles. When going through the process of dividing up these things, couples must reach an agreement that is sworn through writing. Once this writing is established, signed, and agreed upon by both parties, the agreement will face a lawyer. Under the many different rules and regulations set aside by different states, these agreements can often be broken if certain circumstances arise. For one, a contract can be rendered broken once one or more parties violates the rules set in stone by the agreement. If a party were to be under violation of a rule, the contract could face termination and may have to be reconstructed to better suit both parties.

How Couples Re-Write their Agreements

If a contract dispute were to arise, most states would require both parties to attend a court to resolve the issue. Divorce court is the most utilized option, but some instances can force grounds for internal resolutions. The terms of these internal resolutions will again need to be in writing, but may not require the presence or influence of a lawyer to bind that contract. Under certain conditions, couples can re-write their agreements if the grounds support doing so. If neither party is at-fault of breaking a contract or both parties have withheld their agreements up to a certain point, new provisions can be added on the basis of good behavior and positive communication. These additions need not be underwritten or confirmed by a lawyer because the couple is within good-standing of their current conditions. Some states will require couples to go through a law office to do so, but most can get away without if they both sign and confirm the newly created agreement.

Signing an Agreement

It becomes a little more digressed when dealing with violations of contract and disagreements. If one party sits out from signing any paperwork with these agreements, most will be nullified and will require the presence of a lawyer to complete. If neither party wants to budge on certain provisions of the writing, a lawyer will once again be required to solidify the terms of these negotiations. The amounts of haze involved are created when two parties cannot meet eye-to-eye. Most states are understanding if cooperation is existing or has been proven to exist in the past. With most of these agreement cases, states will only become involved should one or more parties create a problem. The lawyer involvement comes at the infancy of these terms and can be put to the side after years of good standing within an agreement.

The post Can a Settlement Agreement Be Changed if a Lawyer Did not Write the Agreement? appeared first on Miami Divorce Attorney.

Spouses make the decision to divorce at the same time in a few instances. Almost always, one of the parents, maybe the one with lower pain tolerance, determines that she will no longer be able to deal with the relationship and, given all the uncertainty and dislocation of divorce, agrees that it would be better than allowing the marriage to go on. Even though the initiator may be and is often the husband, it is the wife who triggers the end of the marriage in around 75% of divorces. The partner who is not leading may be close behind and will soon decide when divorce is right.

Most of the couples reported that they did know when they began to notice obvious signs that surfaced early in their relationship that it was time to divorce. Such warning signs led to their marriage’s subsequent dissolution. For example, couples who split up frequently say that their partner feels judged or ignored or fought over and over and over the same issues.

In many instances, people are distant and ultimately lose each other’s fondness, affection, and devotion over time. Sweeping things under the carpet work only for so long; remembering and ignoring can be a struggle if partners have deep-seated animosity.

Honesty in a Relationship

Suffice to say, honesty and openness create a safe intimate relationship that includes expressing the innermost feelings, opinions, and wishes. Being honest means taking a risk and revealing our true self instead of doing what we think the spouse wants to hear. Sharing your thoughts and emotions encourages intimacy and confidence, the adhesive that can hold a marriage together in times of stress and turmoil, according to marriage professionals. If you are unable to speak about the difficult things, you will have less love and intimacy as well as less fondness and appreciation for your partner over time.

Socializing

If you don’t like socializing with friends or relatives of each other, so you start to spend some time away from each other. This can start off from your friend as an occasional weekend if they ask you to socialize with them and others. But if it’s not dealt with properly, it can carry over into weekends–especially when couples have a chance to spend some time together.

One other sign when you’re with your spouse, you still feel lonely. As a consequence, less love, closeness, and familiarity are felt. You can find yourself dependent on a good friend or co-worker for your marital problems –someone with a listening ear. Generally one of you is searching for more intimacy and the other is searching for space. This is one of divorce’s main causes.

It undermines the love and confidence between you over time because you will lack the emotional and physical intimacy that originates from being attached. Your differences are never settled, and you continue to complain over and over again about the same issues. You slip into the blame pit or refuse to negotiate or apologize. As a product, less heat and closeness is felt.

Getting divorced is not easy. You should consult the right lawyer for a better result. The Divorce Lawyer FL at Bickman Law is ready to help your case and do the proper process. For an initial consultation, you can call our priority line at 305-409-3636 or e-mail us today.

The post When Divorce is Right? appeared first on Miami Divorce Attorney.