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How can mediation help my case. If you and your spouse live in different counties, there may be multiple counties in which you could file for divorce. The sooner you contact us the better, so we can get you in the best possible position before you file for divorce. We will help or will try to find you someone that can. When it's time to end your marriage, does it matter who files for divorce first? Since the petitioner can choose the jurisdiction by filing in the county where they live, you can get the upper hand because doing so may be advantageous depending on your situation. The individual who files first will also have the chance to take out a temporary restraining order on their ex first. However, if you and your spouse are still under one roof, the court is very likely to see the date you file as your legal separation date. While divorce law isn't perfect, it is designed to do its best to protect vulnerable people, especially victims of domestic violence. Does It Matter Who Files For Divorce First In Florida? Tampa Divorce Lawyers. Each jurisdiction has its own list of elements that judges consider before dividing property. We will be at your side, fighting for your rights from the start and throughout the entire divorce process. In general there is no statute of limitations on child support collection. Work with Experienced Florida Divorce Attorneys. If I move out of my home, and my spouse has the exclusive use of it, have I abandoned any rights and do I have to help with any of the mortgage.
Try and sit down with your spouse and work out details. In general the answer to this is no. These fees range from about $100 to about $450, depending on where you live (in some states, it even varies by county). Does it matter who files for divorce first in florida 2017. Not only are you ending a marriage, but you are also causing a huge shift in your and your spouse's way of life. After one spouse files divorce papers and the other spouse answers the papers, both will go to trial in front of a judge, who will decide all issues in their case. However, an award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are exceptional circumstances. Petitioner Vs. Respondent: Who Has The Legal Advantage? Does It Matter Who Files First?
But a Court may well consider the wishes of a mature 11 year old, but not the wishes of an immature 15 year old. A divorce decree also deals with issues related to children, if applicable, including: - Custody; - Support; and. Does it matter who files for divorce first in florida pictures. The court will then hold a temporary orders hearing in which your spouse will also be able to argue for what they want, but having the first word might set the tone and win you a slight advantage. How is responsibility for marital bills and debts decided. Second, a marginal additional cost is associated with serving the complaint on your spouse. As such, we don't take the decision to file for divorce lightly, and can help you through this emotional process with experienced and compassionate guidance.
Each state has different requirements you must meet to be eligible to file in that jurisdiction. As early as young people start dating, people prefer to be the "breaker upper" not the "one broken up with. " Talking this out might even help to preserve some positive aspects of your relationship, which is especially important if you have kids together. In rarer cases, proven fault may impact how the court assigns child custody or divides up you and your spouse's property. That advantage probably doesn't exist. We are a no-fault state. They will consider each spouse's financial and earning power, looking at their current assets and career prospects and options. After a divorce is completed, each party may remarry if they choose to do so. And who files for divorce first will not by itself dictate the outcome. How long do I have to pay child support. Does It Matter Which Spouse Files For Divorce First? It Actually Does In Florida. Florida is also a "no-fault" state. What that means is that if it is shown that they are capable of making more than they earn, the Court will calculate the child support or alimony as if they made the higher amount. That proof can be in the form of a blood test/DNA result or other testimony or proof, but in general scientific testing is the best evidence. Examples include when one spouse gives up their career to take care of children or works to provide for the family while one spouse is in school.
Can I avoid going to court and still get a dissolution of marriage (divorce) in Florida. Procedurally, the spouse that files first has to pay the filing fee to file the complaint and initiate the proceedings, and the other spouse has 20 days to answer. This will allow you time to get your finances and living situation in order, and make sure you have all of the necessary documentation and paperwork gathered. Does it matter who files for divorce first in florida area. Even if such gift is during the marriage. )
In Florida, there is no legal advantage to filing for divorce first, with the person filing for divorce (known as the petitioner) getting no preferential treatment from the judge. Under Florida Statutes § 61. Major battles are fought over "custody" and there is no easy answer except to say that the Court is going to determine what is in the best interest of the child. If the Court finds that it would be detrimental to the child for a parent to participate in decisions concerning the child, then the other spouse can be given sole parental responsibility. Which spouse will become the primary caregiver ( custodial parent) for any minor children. You get first choice for professional help, like attorneys. Expensive legal fees from Tom and Gisele's attorneys, contentious court battles, and airing out their dirty laundry in the public sphere. The primary difference between community property and equitable distribution states is how the marital community property is split. You Do Get The Upper Hand If You File For Divorce First. One example of this may be where a child has special needs such as the need for costly medication. Why does this matter?
Regardless of the reasons underlying the divorce, these states only acknowledge that one party has decided to file. You will have to pay filing fees. You are not more likely to win child custody, for example, simply because you filed before your ex. By being the first to file, you can take as much time as you need to collect the important paperwork so you are fully prepared for your case. Luckily for you, our Fort Lauderdale divorce attorney at The Law Office of Gustavo E. A., has vast experience in handling divorces and will help you navigate the divorce process and formulate an effective plan to get everything you want from a divorce in a fast-paced manner. If you are considering filing for divorce, it may seem like the preparation is as much of a hassle as actually going through the divorce proceedings. If you move forward without knowing your rights, you might lose important property or child custody rights forever. Many people don't realize this, but usually once your spouse interviews a lawyer, that lawyer is ethically unable to represent you against them, even if your spouse chooses not to work with that lawyer. The only reason you might consider it is if there is any emergency or child abuse where you need to get in front of a judge right away. It can: In some divorce cases, the non-moving spouse (the spouse who does not file for the divorce) might be at a disadvantage when it comes to deciding certain matters. Nevertheless, the individual moving away must be cautious that (during the waiting requirement in the other state) their spouse does not "beat them to the punch" and file first in the state of origin. It is an emotionally charged event most people never want to think about, let alone experience.