When it comes to marriage and divorce there are many unique situations. There can be times when a person is looking to get a divorce and they are not able to locate their spouse. It seems that this person has gone missing. This does not mean that the divorce cannot go through. A Miami Divorce Lawyer at Bickman Law can help a person file for divorce and help them navigate the law to divorce a missing spouse.

Attempt to Locate

Once the Petition for Dissolution of Marriage has been filed in court attempts must be made to locate the missing spouse. It is best to check their last known address or working with the lawyer to perform an internet search including social media pages. A person needs to make an effort to find a spouse and allow them to respond to the petition.

Sworn Statement

If a person cannot locate their spouse they need to go to court and make a sworn statement that the spouse cannot be located. A person needs to state the measures taken to locate the spouse and they need to swear under the penalty of perjury that all of their statement and efforts are true. The divorce lawyer can assist with this statement and preparing it properly.

Publishing a Notice

Within 60 days of making a sworn statement, the court is going to issues a Notice of Action about the divorce. This will be published in the legal section of the local newspaper. A person will need to follow the instructions of the court to file it correctly. They will then need to provide the court with Proof of Publication including the dates and names of the newspaper.

Judgment

The court will then review all of this information. They may request additional information through the divorce lawyer. They will need to look at all of the efforts made to locate the missing spouse as well as meeting specific time limits. If a person has fulfilled all of these requirements and all of the legal documents are properly filled out they may grant the divorce and a default judgment may be entered by the court on behalf of the missing spouse and the divorce will be granted.

If a person is seeking a divorce and they have a missing spouse they should contact a Miami Divorce Lawyer. The lawyer will help guide the person through the paperwork and the legal process of continuing the divorce even if the other party cannot be located.

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While this article should help educate the reader about how to get a divorce while living abroad, it is by no means enough to try to do it yourself. Anyone looking to get this done should consult a professional attorney. If you a resident of Miami, you can search for a divorce lawyer in Miami for a detailed consultation. They should be able to guide you to all the legal rules and regulations for this matter.

Things to Do When Filing a Divorce in Abroad

Laws of the Local Country

Getting a divorce can be complex, even more so if you trying to it while living abroad. It is important to first abide by the laws of the local country. Once that has been taken care of, the individual can look to file for divorce that will be recognized in the United States. Typically the divorce is issued by a court and it legally terminates the marriage. Also, on most occasions, any issues resulting from the divorce are also resolved by a court. These issues could include child custody, financial support, or division of assets and liabilities.

Divorce Decree of the US Court

Any foreign country that a secular legal system should also recognize the divorce decreed by a US court. A local attorney can confirm the exact requirement of the local legal system. Most US embassies or consulates have a list of local lawyers that be contacted for consultation. Usually in the matters of divorce are reserved for the state and not the federal government. For a consultation, a divorce lawyer in Miami should be well versed in the legal rules and regulations of the state of Florida.

Seek Legal Advice

Although the local divorce will be recognized in the United States, there are always going to be cases that would be specific to each individual’s situation. For example, if the children are US citizens living in the United States, the divorce filed from abroad might not be enough to issue orders regarding the custody of the children. This is outside the jurisdiction of the local court as it has no authority over US citizens living in the US. Even if the local court decrees an order, the order is not required to be honored in the US. Similarly, other issues such a division of property or liabilities might not be honored in the US. Therefore, it is highly recommended to seek legal advice from both, your local country and the United States.

File a Petition

In cases where the spouse is living in the US, it is slightly more straightforward to file for divorce. The first thing that needs to be done is to file a petition in the local court. This usually requires a summons served notice of signed affidavit from the spouse. If the spouse decides on service of process or wants to avoid service, things can be a bit more complex. It is then up to you to figure out how the service will be completed. The process of completing the service will depend on each particular case. The attorney will have to carefully analyze the circumstances to complete all the requirements and paperwork.

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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)

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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.

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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

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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!

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I Want To Contest The Divorce Agreement? What Do I Do?

Some divorces do not end well. Some end pretty badly. There are times when the divorce agreement is drafted to only serve one party’s best interest, not both people. That can be challenging, particularly if you feel the modifications are not fair.

What Can You Do?

Below are a few steps and tips you will need to take to set everything right.

1) You will need to hire a good lawyer if you have not so already. You should hire someone who will best serve your interests. He or she will ask for documents regarding everything.

I know that sounds tedious and hard, but you will need to get everything in order so your lawyer can look over the papers. That is particularly true when there is an aspect of the divorce agreement you find challenging and unfair.

You need to keep copies of everything. Your lawyer will only help you with what you give him or her.

2) The next step you take is to file a petition (with the courts) to your ex-partner. He or she has to have a copy for their records too. The courts cannot simply notify the person you are challenging them.

You probably will get an angry phone call or text message from your ex, but it has to be done.

3) Your ex will have 30 days to respond to your papers. What happens when your ex does not respond within 30 days? The judge will then step in and declare everything “in your favor”(default).

When that happens, everything moves to the settlement stages. The process may become more involved, at this point, if your ex steps in and does not agree to the petition you filed. That does happen. You need to prepare for the worst and hope for the best.

4) There will be a final court date regarding the divorce. The judge is going to “encourage” both of you to come to some kind of agreement. One of you might have to give a little to get the process moving forward.

Make sure that the modifications you want to contest are coming from a genuine place.
Some people contest a modification out of spite. Make sure that is not your reason for doing this.

5) The fact that you are “contesting” something might bring about a trial. You better be prepared for that. Some people like to play hardball when it comes to a divorce.

The judge might call a witness in favor of one or both parties. That is why talking to your lawyer about everything is so important in the early stages. The judge will hear both sides and render a decision based on that.

This can become a long and drawn-out process. That is why the modifications you want need to be for the right reasons.

The post How Can I Contest a Modification of Our Divorce Agreement? appeared first on Miami Divorce Attorney.

The short answer is “No”: A divorce or annulment will not erase the paper trail of a legal marriage because these legal proceedings are a part of the public, permanent record.

How to End a Marriage

To leave a marriage, the two legal pathways available are annulment and divorce. Largely, the difference between the two lies in the distinction that divorce marks the legal end to a lawful marriage, whereas an annulment is a legal dissolution of a marriage that has been found unenforceable. The “validity” of the marriage is being the key distinguishing feature. Divorce and annulment criteria vary from state to state, however, the result of each legal action, divorce or annulment, is that both parties become legally single once more. Find the right Miami Family Law Lawyers to help in the process of the divorce or annulment.

Annulment and Divorce

Divorce is significantly more common, where spouses uncouple from a relationship where both parties acknowledge having been legally married. Annulment implies that one or both members of the alleged union find something at issue with its legal grounds. Divorce generally requires a period of separation, but may not require any further evidence, as in a “no-fault” divorce. Annulment often requires evidence of force or deceit or may be sought if the marriage did not meet the requirements of the law in the first place, such as in cases of incest or bigamy. Other legal grounds for annulment include the legal incompetence of one or both spouses; the involvement of a juvenile in the alleged marriage; and spousal impotence. Annulment is rare due to these conditional requirements, and–contrary to popular belief–brevity of marriage does make it eligible for annulment.

Divorce and annulment can be legally arduous, expensive, and time consuming. Both are initiated when one or both individuals in a married couple officially make a request to the court. Both are far simpler and significantly less expensive when both spouses are in mutual agreement about dissolving the union and have few differences about how to proceed.

Post Divorce

Post-divorce, former marriage partners may still have ongoing responsibilities to each other, such as spousal support/alimony or child support. Post-annulment, the marriage is effectively erased (though, again, the public record will still reflect all legal action, from the procurement of the marriage license to the signed Decree of Annulment).

Public Record

Although it is impossible to erase the marriage record in divorce, a Miami Family Law filing may be made invisible in the public record if it is sealed. In the case of a sealed record, individuals may sometimes assume the legal right to deny having anything to do with the related legal proceedings. Note that this applies only to legal divorce or annulment, and not to permissions granted by religious guidelines or clergy.

The post Will a Divorce or Annulment Erase the Marriage Record? 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.

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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.

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