Both simple and standard divorce processes can be emotionally challenging and the outcome can have a major impact on your finances and relationship with your children. Learn more about divorce process in Tampa in this presentation.
1. Divorce in Tampa: How Does the Process Work? www.divorcelawyerregistrato.com 1
DIVORCE IN TAMPA HOW DOES THE
PROCESS WORK?
Both the Simple and Standard Divorce Processes
Can Be Emotionally Challenging and the Outcome
Can Have a Major Impact on Your Finances
and Relationship with Your Children
Joseph J. Registrato
2. Divorce in Tampa: How Does the Process Work? www.divorcelawyerregistrato.com 2
In the state of Florida, there are two different processes for dissolving your marriage. The simplified dissolution is available only to couples who meet certain criteria and who are in agreement on the issues of their divorce. The standard or regular dissolution is the process that must be used in other circumstances if the spouses are not in agreement or if they do not meet the qualifications for a simplified divorce.
Both the simple and standard divorce processes can be emotionally challenging and the outcome can have a major impact on your finances and relationship with your children. It is important to be represented by a qualified and experienced divorce attorney who can assist you and advise you on your rights throughout the divorce process.
SIMPLIFIED DIVORCE IN FLORIDA
A simplified dissolution of marriage in Florida makes it possible for a couple to divorce more quickly and easily. Although both spouses must still appear before a judge during a divorce hearing, there is no required financial disclosure in a simplified divorce. Spouses can ask for financial documents, but an exchange of detailed information on income and assets, income and liability is not mandated before trial. Further, unlike in a regular dissolution, spouses do not cross- examine each other as witnesses.
A simplified dissolution is available only if:
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Both spouses agree to use this simplified form of dissolution proceedings. The couple does not have any dependent children including any adopted or natural born children under age 18. The wife is not pregnant at the time the marriage is ending. The husband or wife, or both, must have lived in Florida for the prior six months. The spouses must agree on division of all property and all debts. Neither the husband nor the wife may be seeking alimony. Both the husband and the wife have to agree that the marriage is irretrievably broken.
Provided you meet these criteria, you and your spouse should obtain the required forms from the clerk of court in your local county. It is still advisable to have a lawyer representing you during a simplified divorce because you will need to negotiate a divorce settlement. Your attorney can help you to understand what you are entitled to receive under Florida law when a marriage ends so you can create an agreement that leaves you with financial stability.
Regular Dissolution of Marriage in Florida
If you are not eligible for a simplified dissolution of marriage, you will need a standard divorce. Either spouse may file for divorce if the marriage is irretrievably
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broken. The person who files for divorce must submit a petition for dissolution of marriage in the circuit court in the county where the couple has lived together. The petition should provide information on what the filing spouse wants from the divorce. The spouse will be served after the petition is filed and has 20 days to answer after being served. In an answer submitted to the court, the spouse must address the matters that were raised in the initial petition and raise any additional issues that he or she wants the court to address. After the petition has been filed and before any temporary hearings, both spouses are required to provide a completed financial affidavit along with certain specific financial documents. This information must be provided within 45 days after the petition for divorce is served. If the financial disclosures are not made, the court may dismiss the petition for divorce or will not consider the requests of the party who has failed to provide the necessary information.
If there were children born to the couple, a child support worksheet must also be completed prior to any hearing related to the financial support of the child.
The pre-trial period may involve either spouse making requests or motions to the court. The couple may choose to negotiate outside of court to come to an agreement on the issues of child custody, asset and debt division and spousal support or they may have the judge
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decide these issues at a hearing. It is generally less costly and better for the family for the couple to negotiate their own divorce settlement rather than having a judge decide on the important issues in the divorce.
If the couple comes to an agreement, they will present the signed settlement to the court and it will be given legal effect when the judge dissolves the marriage. If they do not agree, each spouse must present witnesses and make arguments to convince a family court judge of the merits of their suggested divorce settlement. The judge will then apply Florida laws to decide on custody, asset and debt division and support.
It is essential to have an experienced attorney throughout the process. Your lawyer will help to negotiate or present evidence to the court and will do everything possible to ensure you have the quickest, simplest divorce possible while protecting your future.
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About the Author
Joseph J. Registrato
Registrato thinks too much bragging goes on in television and other lawyer advertising. The record ought to speak for itself. Registrato was an active duty sergeant in the aviation wing of the United States Marine Corps from 1965-1969, and spent a year in the Republic of Vietnam in 1968-1969. After an honorable discharge from military service, he was a newspaper reporter and editor for the Tampa Tribune for sixteen years during which he reported, wrote about or supervised news coverage of some of the biggest stories of the day, including the trial and punishment of two Hillsborough County circuit judges Tribune reporters learned were involved in bribery and lying to the Judicial Qualifications Commission. He was later named City Editor of The Tribune and then Assistant Managing Editor. He was a full time student at the University of South Florida at the same time he was a full time reporter for The Tribune, and was graduated with honors by USF. Registrato started law school at the age of 40, an age when many of his peers were slowing down their careers in journalism or elsewhere. He was on the staff of the Stetson Law Review. Registrato’s first job out of law school was a stint with the Hillsborough State Attorney’s Office, where he learned quickly how to try a case to a jury. Registrato has a philosophy of his own about aggression among lawyer.
Registrato Law
2607 N 15th Street
Tampa, FL 33605
Phone: 813-247-1900
Email: info@josephjregistrato.com
Website: www.divorcelawyerregistrato.com