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.

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The job of family attorneys is a very challenging one. They handle cases from divorces to abuse protection on a daily basis. While it can be very rewarding after the case closes, handling things like mutual power plays can be very difficult.

One attorney with Raphael Ramsden & Behers in Pittsburgh stated that there is no typical day or task for a family attorney. There’s always something going on with a client such as an account hacking to missed custody-related depositions. As a result, a typical day for a family lawyer is spent doing everything from returning phone calls to preparing for court hearings. Court hearings can last anywhere between ten minutes to several days. So almost, needless to say, family attorneys are very busy people.

Family Law Practice

Family Law practice is currently a very popular one for several reasons. More people than ever are divorcing, child adoption laws have become more liberalized over the past couple of decades, and the forensics of paternity have become more accurate within the last decade.

Those aspiring to go into Family Law must be prepared to work over 40 hours a week. The job involves constant interruptions, unexpected and new challenges, and being called into work at weird hours. Especially large firms may require extra hours of research, preparation, and review. Most family attorneys are typically in their offices at or by 9:00 am and get off between 6:00 pm-8:00 pm, depending on their daily workload. They sometimes have to attend seminars or other social events within the firm, which also keeps them at the office later.

Why Family Attorney spend time interviewing Clients?

Family law attorneys also spend much of their time interviewing clients. For ongoing cases especially, it is the attorney’s job to help their clients figure out what their next moves will be as well as discussions of each hearing.

Like most other attorneys, family attorneys work as a team. It is typical of them to correspond with experts outside of their field and swap discussions of cases with colleagues.

Again, the job of a family attorney is very challenging but also rewarding. They don’t really have typical days and new issues with clients can show up at literally any second. Family life can be very stable or very chaotic depending on how much everyone cooperates and how much everyone keeps their end of the bargain. The job of mitigating family conflicts is often a very challenging one but rewarding once it is resolved for good and the case is able to close.

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What is a Parenting Plan?

A parenting plan is the amount of time each parent spends with the child, in the wake of a divorce. There are specific rules every parent has to follow when it comes to filing one of these documents. A parenting plan is only set forth when the child is a minor, usually under the age of 18. Parents with kids who are 18years of age or older do not need to worry about something like that. According to law statutes, the child is considered “old enough” to take care of themselves once they reach 18 and older.

Five Things You Should Concern Yourself With When Filing This Document

1. Try to remain calm when filing one. Emotions run high, especially during a divorce. You never use this plan to punish your ex-partner for something they did or did not do. You are filing this for the sake of your child or children. Their needs come first. Maintain a civil and communicable relationship with your ex-partner, even if the divorce did not end that way. You should never make the child suffer.
2. You should talk to your child about what is happening. Remember, they are smarter than you think. They know a lot more than what you say. The document affects them too. it is your job to include them in the decision-making process. Do they want to spend more time with one parent? Let them have that. Remember, this is about them, not you. Once more, this comes down to not letting your emotions get the best of you.
3. You have to keep certain things separate. Keep the logistics of the parenting plan down to taking care of your child’s needs. Things like money and parent responsibilities should never enter the picture. That is considered “grown-up” stuff. Remember, a judge has the final ruling on what happens. Make sure you enter this agreement with that in mind.
4. There is something called a “mediator.” They come in handy when either party is not agreeing on much of anything. Consider using one if you need to. A mediator will keep the focus where it needs to be, the child or children. This suggestion is often made available to couples who appear to be volatile and argue a lot.
5. You can make changes to the parenting plan as you need to. Remember, that any changes have to be filed in court, and the judge will have the final say. Remember, you may want it, but that does not mean you will get it. Plans should be made due to necessity, and not a blind luxury.

Visit http://www.leg.state.fl.us/statutes/index.cfm? for more details on a parenting plan in Florida.

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Honesty

You want to hire a lawyer who is honest. Less qualified lawyers will paint you a rosy picture of what could happen and try to be your cheerleader. They want you to feel good about your chances and choose to retain their services. They are committed to showing you only the positive elements of your case and will not reveal any potential negative elements.

You want a lawyer that you can trust and that will be honest with you. You want to choose a lawyer that will highlight the strengths and weaknesses of your case so that you can make the most informed decision as the case progresses. You want to know where you stand and what your options will be at each juncture. If you do not trust your lawyer and feel that they are not being honest with you, then you won’t be able to stay in control throughout the proceedings.

Patience

You want to choose a family lawyer that is patient. This is someone that is going to represent you in court and in the family court. Family proceedings have a tendency to become explosive and raw. You don’t want to work with someone who doesn’t understand how to stay level headed during emotional times. You will probably be feeling emotional throughout the family law process and you need your family lawyer to guide you. A good family lawyer will exercise patience.

View Case Results

A good family lawyer will have strong case results. What kind of record does the family lawyer have in court? You want to make sure that you are hiring someone who can successfully support you throughout this process. Family court is difficult and the results are not always fair.

A good family lawyer will have numerous successful case studies to share with you. The results will speak for themselves. You won’t see a lawyer who always wins, but you should see one who has primarily detailed positive and successful case results. The bad case results should also be something that your lawyer can explain honestly as to why it was a difficult case to win.

Good family lawyers consider what you need as a client and walk you through the family court process with honesty, patience, knowledge, and expertise. If you feel any of these qualities are missing in your family lawyer, look for another who meets these vital qualifications. After all, your family is the most important part of your life and you want to make sure your family will be protected at the end of your time in court.

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