Divorce & Post-Divorce Actions

Going through a divorce can be stressful and overwhelming. You feel uncertain about your future and fear unfair treatment in court. As attorneys with experience in every type of family matter-we’ve seen it all…and we get it.

Our attorneys will sit down with you to determine your goals and develop an action plan that is customized to your needs. Whether you need help valuing complex assets, answering tough questions, or fighting for alimony: we are here to help.

We will fight to get the best results for you (& your family) and give you peace of mind along the way, knowing that you have an experienced professional in your corner.

If you are considering divorce, in the middle of a divorce, or need to modify or enforce a prior Judgement getting informed is the first step. Read on for more information specific to your situation.  


Alimony

Alimony is when one spouse is ordered to pay for the support of the other during the marriage and/or once the divorce is finalized for a specified period of time.  Alimony is usually ordered with the goal of limiting any unfair or inequitable economic effects of the divorce so that the economically-disadvantaged spouse is able to maintain a similar standard of living that existed during the marriage.  Alimony is not awarded in every case and it can be a very complex issue to unravel.

A spouse could be entitled to alimony based on factors including:

  • Length of the marriage
  • Age and health conditions of each spouse
  • Each spouses’ respective annual income
  • Amount & value of marital assets
  • Marriage Lifestyle

There are multiple forms of alimony, including:

  • Temporary: Providing financial support during the divorce.
  • Rehabilitative: Financial support for a spouse to aid him or her become self-sufficient.
  • Lump Sum: alimony in the form of one singular payment.
  • Bridge-the-gap: financial support for spouse’s transition from being married to being single.
  • Durational: Providing financial help for a set period of time.
  • Permanent: Providing for the life necessities established during marriage if the spouse is unable to meet his or her financial needs after its dissolution.

Custody

In effort to promote co-parenting, the State of Florida revised the term “custody”, replacing it with the terms “Time-sharing” and “Parental Responsibility”.

The goal of this change in terminology is to encourage a healthier relationship between the child and their parents after the divorce, as well as promoting shared parental responsibility between the parents. Custody decisions are made according to the “best interests of the child.” The “best interests of the child” are often determined by looking at 20 well-defined factors set forth in Florida Statute §61.13(3).

The change in the Florida law now requires a Parenting Plan which outlines the following:

  • Respective Parental Responsibility, which includes:
    • A Timesharing Schedule-specifying the time the child will spend with each parent and responsibility for daily tasks associated with the upbringing of the child
    • Parental Decision-Making-specifying who will be responsible for health care decisions, school-related matters, and other activities
  • The child’s main place of residence
  • Child Support Payments, if any
  • The communication methods the parents will use with each other and their child
  • Handling parental relocation- must specify what each parent expects if the need for relocation arises, including notice to the other parent, the terms of the new time-sharing arrangements, how and which parties are in charge of giving transportation, etc.

Foreign Judgments

If you obtained a divorce or custody award in another state or country before moving to Florida you may need to ask Florida courts to uphold your prior agreement and enforce your rights under Florida law.  If you need to enforce your rights in Florida, you will need to domesticate your foreign judgment before being able to do so.

Child Support

When children are involved in a divorce, a Florida court may order one parent to make payments to the other parent for the care and support of the minor children.

Modifying Child Support Orders

The court may alter a Florida child support order when:

  • it is to the greatest advantage of the child,
  • the child reaches 18,
  • there is a considerable change in the conditions of the parties
  • the court requires support past the age of 18 years because of dependency, or
  • a child is emancipated, marries, joins the military or dies.

Enforcing Child Support Orders

If your child’s other parent neglects to make their child support payments, you can seek enforcement through the courts.

Equitable Distribution

In Florida, property is divided in a divorce according to the concept of “equitable distribution.” This means the division of marital assets and liabilities should be equitable, or fair, in value.

Real, tangible, and intangible property, such as a house, bank accounts, retirement accounts, art collection, stocks, jewelry accumulated during the marriage, all constitute “marital assets.”

Debts, such as a mortgage, loans, taxes, and credit cards accumulated during the marriage, are all considered to be “marital liabilities” and must be divided between the parties so that each person receives the equitable value of the marital estate.

Generally, assets and liabilities acquired prior to the marriage are considered “separate, non-marital property” and is not subject to distribution in a divorce. However, any enhancement or appreciation of the value of non-marital assets that occurred during the marriage due to the efforts of other party may be considered marital property.

Marital Settlement Agreements

The majority of family law cases are resolved by the parties entering into an agreement that covers such things as distribution of marital assets, alimony, custody, and child support. Florida judges will typically enforce marital settlement agreements that were voluntarily entered into and issue a final judgment of dissolution. Like most other family agreements, Marital Settlement Agreements can be modified (hyperlink to modify/enforce link) or enforced (hyperlink to modify/enforce link)under certain circumstances.

Enforcement

Family issues don’t always end when the divorce decree is awarded. In some cases, disagreements continue even after the parties enter into an agreement or a Court Order defines the division of assets or time-sharing of children. If you’re dealing with an ex who refuses to comply with the terms of your divorce or custody agreement, you may need to enforce your rights in court. If you’re in this position, the attorneys at The Campbell Law Group, P.A. are ready and willing to aggressively fight for your rights.

Modifications

Sometimes after a divorce, circumstances change for the parties or their children. Such changes may require modifying, enforcing, or setting aside final judgments, parenting plans or marital settlement agreements. If your alimony payments or child support payments are insufficient or you can no longer afford to pay the alimony or child support payments, you should seek modification through the courts. If your former spouse has not complied with the terms of your marital settlement agreement or parenting plan, you should also seek enforcement of such agreements with the courts.


Here are some articles we think you might find helpful:

The New KAAA Fix Bill-Understanding Equitable Distribution and Passive Appreciation

Benefits of Divorce Mediation