Marital Dissolution at the Law Office of Maggie Jo Hilliard, P.A.
If you are considering divorce, or if your divorce is already in progress, it is in your best interest to seek legal advice and guidance from a skilled divorce attorney sooner than later. The Law Office of Maggie Jo Hilliard, P.A. focuses on all aspects of the client's case by anticipating their needs and taking action whenever necessary to preserve rights and protect the best interests of the client. If you and your spouse are amicable and seeking a divorce without the typical stresses caused by litigation, it is recommended that you read more about collaborative law methods of dissolution.
Divorce is a complex legal process which can create other complicated family law issues for clients including, but not limited to, child support, child custody, alimony/spousal support and property disposition.
Your needs, financial situation and goals are assessed at your consultation. It is your needs that will guide the case. Often, divorce can be settled in a marital settlement agreement negotiated by your lawyer, as litigation may not always be the best way to pursue a resolution. You can save money and time through a negotiated marital settlement agreement.
In Florida, a divorce is called a dissolution of marriage. There are no fault-based requirements in this state. Parties need only show that the marriage is irretrievably broken. Furthermore, a "legal sepration" is not permitted under Florida law.
There must be jurisdiction where you file for your divorce. Jurisdiction is loosely described as the court's power to preside over and rule upon a matter. If a spouse does not know the location of the other spouse, and that spouse is not discoverable following reasonable diligence, a divorce via publication may be obtained. This entails the publication of the case for a required time period in order to give notice to the missing spouse. Failure by the other spouse to respond can result in a divorce despite consent or knowledge. In Florida, there are also residency requirements for the party filing for the divorce. The filing party must have lived in Florida for over six months to file for a divorce in the state.
In order to file, a petition must be filed with the court by the "petitioner". The "respondent" will have 20 days to respond to the petition with an "answer". The petition must state jurisdictional requirements and should include a financial affidavit listing all assets and liabilities of the marriage. If the party earns in excess of $50,000 per year, a more detailed disclosure of assets and liabilities is required. A Notice of Social Security Number and, at times, a Non-Military affidavit will be also be required. If the marriage produced children that are minors at the time of filing, a Uniform Child Custody Jurisdiction Act Affidavit must be filed as well.
In the event that the parties agree to a settlement of the property and child-related issues, a binding Settlement Agreement will be entered. This may be produced through negotiations between the spouses, with the help of attorneys or via court-ordered mediation/arbitration. This agreement will list the duties and responsibilities regarding payment of liabilities, property disposition, child support responsibilities, alimony requirements, child custody issues and other issues specific to your case.
In Florida, property is distributed according to a concept known as "equitable distribution," as opposed to the community property concept. The court will decide property issues based on what is fair, with an assumption that all assets shoudl be split equally. If litigation is necessary in your case, the court will ascertain ownership and/or responsibility of property after hearing proof. One spouse may be entitled to certain assets or permitted special equity in that asset depending upon the facts and circumstances of the case.
If you have opted for a dissolution of your marriage, contact The Law Office of Maggie Jo Hilliard, P.A. at (904) 247-7600 to discuss your case and your options.