The Florida courts award alimony to help the lower income earner maintain the marital lifestyle until he or she is capable of such maintenance on their own. That said, Florida law recognizes five different types of alimony and allows judges to use their discretion when making spousal support determinations. A skilled Naples alimony attorney can advise you of your rights and help you secure the support you need to live comfortably post-divorce.
The 5 Types of Alimony in Florida
Florida categorizes spousal support in one of five ways based on several factors, including need, duration of marriage and the age, health and earning capacity of each party. If the judge decides to award you alimony, you may expect one of the following:
· Permanent Alimony: Your alimony attorney in Naples may be able to secure it for you if they can prove that you lack the ability to become self-supporting and/or maintain a standard of living similar to that enjoyed during marriage while meeting the legal requirements to receive permanent alimony.
· Temporary Alimony: This type of support is designed to help you through the duration of the divorce process. It ends immediately after the divorce is final.
· Bridge-the-Gap Alimony: Your Naples alimony attorney might fight for this type of support if you need financial assistance to meet legitimate and identifiable short term-goals, such as selling the family home or finishing your degree.
· Rehabilitative Alimony: As its name suggests, this type of support is designed to help you acquire the training or education necessary to obtain gainful employment.
· Durational Alimony: A judge might award durational alimony if the legal requirements are met. The maximum duration of this type of support is the length of the marriage.
Retain the Help of an Attorney
An experienced Naples alimony attorney possesses a thorough understanding of Florida alimony law and is prepared to guide you toward the best possible outcome. Contact the Law Offices of Shawn Seliger today for more information and a free phone consultation at (239) 333-0077 OR fill out the online contact form.
A divorce can be complicated, especially if child custody, alimony or property divisions come into play. This is why it helps to have a divorce attorney in Naples working on your behalf. Below is an overview of what you can expect when you seek a divorce.
File a Petition
In Florida, a divorce is called dissolution of marriage. The
process starts when you file a petition in the Circuit Court where you reside. As
the petitioner, your document must explain what you want a judge to do.
Additionally, the paperwork must describe your marriage as “irretrievably
Expect a Response
Your spouse is served the petition. As a respondent, your
spouse has 20 days to file an answer to your petition and/or file a
counter-petition. You can submit paperwork to respond to your spouse’s counter-petition.
A divorce attorney in Naples can assist you with filing these legal documents.
File More Papers
Divorce proceedings often involve filing paperwork related
to children and finances. These documents include:
- Uniform Child Custody Jurisdiction Enforcement
Act (UCCJEA) Affidavit
- Child support guidelines worksheet
- Financial affidavit
Many Florida courts mandate that divorcing couples
participate in mediation. This allows you to resolve issues with the help of a
mediator. However, if you’re a victim of domestic abuse you may be exempt.
Prepare a Parenting Plan
A plan for parenting is either drawn up by the court or the
divorcing parties. A divorce attorney in Naples can help with this step.
Additionally, Florida requires parenting classes prior to a divorce being
A trial is known as a final hearing. At this stage, a judge reviews the case and addresses issues that weren’t resolved during mediation. After considering the evidence, Florida law and testimony, a judge grants dissolution of the marriage.
A divorce attorney in Naples can guide you through the complex
process of obtaining a divorce. Please contact us today
for more information and a free phone consultation at (239) 333-0077 or fill
out the online contact
Divorce is messy and complicated, even when it’s as smooth as possible and both parties want to cooperate. Unfortunately, much of the time, that’s not the case, and you need to know how to protect yourself and your future as you make plans to pursue it on your own. If you’re looking for a divorce lawyer in Naples, you need to understand how Florida’s equitable division law might help you during your divorce negotiations.
Equitable vs. Equal
Florida law does not determine an exact proportional split
of marital property during a divorce the way some states do. This means there’s
no law stating that the division of assets must be 50/50. Instead, the judge is
supposed to weigh the facts of the case and find a fair solution based on a
form of equitable or unequal form of equitable distribution.
This means you can make the case for your pre-existing assets being completely
yours. It also means:
- The balance of financial and other contributions
to the household matters
- Your presentation of your own contributions
matters, and so does your spouse’s
- The judge may weigh the reasons for the divorce
- The financial obligations and overhead of both
What does this mean? It means that a good divorce lawyer in
Naples can help you make the case that your assets are largely yours, as long
as it fairly acknowledges the contributions your spouse has made in the final division
Protect Pre-Marital Property One of the key ways to protect your assets is to establish to the court what assets pre-existed your marriage. Those are typically exempt from division unless commingling of assets occurs. If you are looking for help with your divorce, don’t wait to look for a divorce lawyer in Naples. Contact us today for more information and a free phone consultation at (239) 333-0077 OR fill out the online contact form and we will reach out to you directly.
The United States currently ranks fourth in the world for divorce rates with an average marriage life of eight years before divorce. The 2018 statistics have yet to come out for individual states. The grim outlook of the 1990s is long gone, but divorce still ends many marriages. A Naples divorce attorney can offer you greater insight into the information below.
Statistics of Divorce in Florida
In 2017, Florida ranked seventh
among the states for highest divorce rates. While the state may be a good
option for moving to start over and retiring, there has been a rise in “gray
divorce” or retirees choosing to divorce. Eleven of the top fifty cities for
divorce reside in the state. However, the rate of divorce in the state still
lies at a little below fifty percent on par with the national average.
Factors Contributing to Higher
While the average divorce rate across
the nation for 2018 lies between 42% and 45%, some indicators may contribute to
a higher chance of divorce. Though not every marriage with these factors ends
in divorce, they do have a higher likelihood of ending.
- Remarriage statistics grow with each subsequent
- No high school diploma
- A friend or relation getting divorced
- Marry before the age of 25
- Parents are divorced
- Fight about money
- Your spouse doesn’t smoke but you do
A Divorce Lawyer’s Job
A Naples divorce attorney is a good
place to start when looking to file for divorce or after you’ve been served
papers. They handle the paperwork, assist in determining division of debts and
assets, assists with terms for child support and child custody, gather research
for the case and offers advice.
Navigating the heartbreaking waters of a failed marriage are easier with a Naples divorce attorney. Please contact us today for more information and a free phone consultation at (239) 333-0077. You can also fill out our convenient online form after hours.
One of the most complicated aspects of a divorce is finances. Divorcees must come to terms on financial support in the form of alimony, child support or both. It is a common assumption that the two are the same thing, but the fact is they are not. A divorce attorney in Naples can help you understand their differences and the laws in the context of your personal situation.
While a some states’ laws follow the concept of “community property,” Florida is a “equitable distribution” state. This means that financial and physical assets acquired over the course of a marriage are generally considered the property of whichever spouse “earned” each asset.
This is where alimony comes in. Even if a couple has no children, one spouse may owe support in the form of alimony payments to the other. During a marriage, one spouse often brings in more money than the other. Sometimes that responsibility shifts over the years due to a variety of factors. A judge usually decides who owes alimony based on factors like the length of the marriage and each spouse’s age, need and ability to pay, health, income and earning potential. A divorce attorney in Naples can advise you on what to expect.
Child support is focused on the cost of raising a couple’s child or children, and how that cost should be divided between the parents.
Like alimony, a judge’s determination as to how much child support is owed by which parent is based on a variety of factors. Usually the parent with more custody will be granted child support from the other. The judge will usually look at each parent’s income, but may also consider the child’s age and health care costs and day care among other factors.
Don’t Do It Alone
Navigating finances during a divorce can seem impossible alone. A divorce attorney in Naples can help you make the best decisions, so get in touch with the Law Offices of Shawn Seliger. Save yourself and your family the extra stress and contact us today for more information and a free phone consultation at (239) 333-0077. You can also fill out the online contact form after hours and we will call you directly.
You aren’t happy; chances are, neither is your spouse. It can be difficult to determine when it’s time to stop trying to make your marriage work and instead shift gears toward preparing to part ways for good. There may also be anxiety involved in finding a good Naples divorce attorney.
If it’s any consolation, know that you aren’t alone. Per the American Psychological Association, 40 to 50 percent of all married couples in the United States do eventually seek a divorce. That percentage markedly increases if you are on your second or third marriage. Furthermore, Florida has one of the highest divorce rates in the United States.
Preparing to Divorce
It can often be extremely difficult to discuss legal and financial matters related to divorce directly with your spouse. Understandably, many issues are just too emotionally charged and stressful for many couples to face without third-party assistance from an experienced Naples divorce attorney:
• You will want to strategize how to best handle the distribution of your mutual assets and debts.
• You will have to decide which path is best for managing your primary residence—whether you should sell it, or if one of you should remain living there.
• If you have children together, you will need to determine custody arrangements, child support and visitation rights.
Protect Yourself; Retain Experienced Legal Counsel
If both of you are amenable to settling your differences without going to trial, this route will typically be faster, easier and less expensive. In this way, you can present a plan of action to the court that both of you are on board with, rather than letting a judge who probably doesn’t know you determine what he or she thinks is fair. However, should you wind up having to go to trial, you definitely want the Law Offices of Shawn Seliger on your side—an aggressive Naples divorce attorney fighting for your best interests.
If you are looking for a divorce attorney in Naples, contact us today for more information and a free phone consultation at (239) 333-0077. You can also fill out the convenient online contact form after hours, and we will call you directly.