Marital and Family Law Discussion

The rate of divorce in Florida has been steadily growing since 2009, according to 2010 census reports. Although the rise is slight, the consistency of an increasing trend is still a reality to think about. Finding one’s self in such a situation is unfortunate but since there are things which can’t be helped, knowing the fundamentals of marital and family law in Florida can help you survive through the technicalities of the whole process.

Divorce Law in Tampa, FL

There are 2 major grounds for filing for divorce—(1) psychological incapacity and (2) irreconcilable differences. These are the provisions according to divorce laws in Tampa, FL. Filing for divorce requires several documents along with the Petition for Dissolution of Marriage and Final Judgment of Dissolution of Marriage. Having a marital and family law attorney will make the process less difficult since they can file the petition for you. This is especially important for cases of contested divorce hearings.

An uncontested divorce is generally finalized in a shorter span of time; usually around three months. This category of dissolution of marriage means the couple is amicable with all agreed upon arrangements. Pre-nuptial or post-nuptial agreements help make these proceedings run faster because these documents are considered final by the court and will be attached to the divorce documents during the filing period. An uncontested divorce sometimes means not taking the litigation process to court so divorce attorneys won’t be necessary.

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Contested Divorce basically means there is conflict which has yet to be resolved between the petitioner and the respondent. Disagreements usually have to do with division of property, alimony, child custody and support, and child visitation. A family law attorney will conduct an extensive interview to help you with your case, whether you are the petitioner or respondent.

Child Custody and Support

The court will determine child custody based on their assessment of each parent. The judge is guided by the Uniform Child Custody Jurisdiction and Enforcement Act of Florida to make sure that the final decision is to the child’s or children’s best interest. Mothers usually are granted physical custody especially for very young kids but that is not always the case. In situations where addiction, abuse, or unemployment is involved, the court will be compelled to take the child away from the source of violence or abuse. Fortunately, statistics have shown that joint custody is the dominating trend among divorced families. This means both parents have equal responsibility or the kids.

Alimony or Spousal Support

Tampa, FL courts review alimony and decide on them with proper consideration of both party’s situation. Alimony is not applied all the time. Unemployment, debts, monthly income, and monthly expenditures are factored in during the computation of spousal support. Payments to the other spouse can either be temporary or permanent. Family law attorneys can help file for amendments in case there are issues with the amount settlement.

Nancy McRoberts Parham, P.A210 N. Pierce St  Tampa, FL 33602(813) 228-0219http://www.parhamlawpa.com
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