Numerous studies cite that approximately 50% of all marriages in the United States end in divorce. Divorce is often a difficult and emotional process, even for people who are seeking a divorce. Not only are you ending your relationship but there are often issues involving minor children, dividing your assets and liabilities, alimony, child support, and claims for attorney’s fees. That is why you need an experienced and compassionate Tampa Divorce Attorney on your side.
Florida is a no-fault divorce state, which means that it is not necessary for a party to prove fault to obtain a divorce. A spouse need only allege in their Petition for Dissolution that the marriage is irretrievably broken and that they have been a Florida resident for six months prior to the filing of the Petition for Dissolution of Marriage. Typically, there are two main ways to approach a divorce cases: uncontested and contested.
An uncontested divorce is often preferred by most parties, as it costs less money, usually is not as stressful, involves fewer court appearances, and moves more quickly to conclusion. Uncontested divorces occur when both parties are able to agree on all the terms of their divorce. If both parties agree, a Marital Settlement Agreement prepared by the Tampa divorce attorney is signed by both parties and presented to the Court for ratification. Typically, only a five minute hearing is required to finalize an uncontested divorce
Conversely, a contested divorce occurs when the parties cannot agree on the terms of their divorce. In such circumstances, one party files a Petition for Dissolution of Marriage, and the other party is served by a process server. If you are served with a Petition for Dissolution of Marriage, it is important to take action quickly, as your Tampa divorce attorney is required by law to file your Answer within 20 calendar days of being served.
Issues to Consider in a Divorce
There are many aspects to consider when a divorce is involved. If children are involved, where will they live? How much time will they send with each parent? How is child support calculated? As to the issues of property division, many people ask themselves what assets and debts are subject to being divided? What assets are protected from being divided? Is there an entitlement to alimony? These questions are often difficult and emotional questions for parties to consider. As a Board Certified Expert in Marital and Family Law, Mr. Davis is here to guide you through this difficult process and aggressively advocate for your rights. If you or your spouse have made the decision to end your marriage, it imperative understand your legal rights in the process. Some of the aspects of a divorce that may apply to you are:
Parenting Plans and Time-Sharing Schedules (formerly known as Child Custody)
Equitable Distribution of Assets and Liabilities
Military Issues (if applicable)
Use of Experts
In some contested divorces, it is prudent for your Tampa divorce attorney employ the services of an expert to work on your case. When appropriate and depending on the particular needs of the case, we discuss with our clients the benefits of employing experts such as forensic accountants, appraisers, investigators, child custody evaluators, parent coordinators, family therapists, and other types of experts as needed. If an expert is employed, we work closely with them to procure the best possible results for our clients.
Contact us to Meet with a Board Certified Tampa Divorce Attorney
Scott and his staff are always here to help you. If you need a Tampa divorce attorney to fight for you and your family in Tampa, St. Petersburg, Clearwater, Dade City, or New Port Richey, take action and contact us today at (813) 251-6222.