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Stressful life event.
Divorce is a stressful life event and navigating through the intricacies involved for each unique situation is best dealt with an experienced family law attorney by your side. In certain circumstances the unpleasantness seems to drag on well after the decision to split up has been made. Most often it has more to do with custody issues and property division, but there are times when vindictive actions may be at the core because one of the parties did not want to get divorced, or they are unhappy with a proposed settlement involving the division of marital property and children’s visitation.
Where to file.
Clearwater divorce petitions are filed in the Sixth Judicial Circuit Court in a State of Florida “no fault” action and it is only necessary for one party to say the marriage is “irretrievably broken” without placing blame. To proceed with a Florida no fault divorce, at least one party to the action must be a resident of Florida for six months prior to divorce, and file the paperwork in the county of residency.
Immediate financial support action.
If there are children involved and one of the spouses was a full time caregiver to the children, leaving them with no outside source of income after a separation from the working spouse, emergency support may be requested in court so that the family will be able to continue to function until a final arrangement can be made. The emergency support amount may be estimated through the use of a child support guideline worksheet and addressing costs of maintaining the household where the non-working spouse and children reside. Other financial matters that will be addressed in a divorce petition and settlement agreement may include alimony which is financial support for a divorced party from a former spouse; permanent child support based upon the number of children and nights spent with each parent, and valuation and distribution of marital assets and liabilities.
Considerations for children.
Children’s emotional needs may be considered regarding:
1) Child Custody – custody that is in the best interests of the children will take into consideration a multitude of factors including age; parental preference; mental and physical health of both parents; child’s community including school, home environment, and extracurricular activities; parental history of violence; the relationship with children and individual parent’s moral standing; and 2) Parental Visitation – a schedule to be decided upon in advance when shared custody is agreed upon and ordered by the court.
Settlement agreement and types of dissolutions.
All of the financial and family related matters will be addressed in a formal marital settlement agreement between the divorcing parties outlining “agreed upon conditions and future actions” regarding finances, dependent care, shared visitation, and expenses incurred over possible alimony requirements and child support obligations for dependents. Divorce actions heard in the 6th Judicial Circuit include simplified dissolution of marriage, dissolution of marriage with dependent children, dissolution of marriage with no children, and dissolution of marriage with no children or property.
Secure legal counsel.
After you have made a decision to divorce, call the Law Offices of Yeazell & Sweet in Clearwater for a free consultation to see if they can navigate a smooth divorce action that might otherwise be time consuming, emotionally and financially draining. A settlement after a divorce will follow you into the future so you should seek the best outcomes for you and your family with the assistance of an experienced family law attorney.
The Law Offices of Yeazell & Sweet
1901 Ulmerton Road Suite 435
Clearwater, FL 33762