Why Do I Need a Divorce Lawyer?
Florida is a no-fault divorce law state, and this fact may make you think you don’t need a lawyer for your divorce, but you might want to think again. Everyone facing divorce should have a divorce lawyer on their side – and not just any lawyer, but the right lawyer. You want a divorce firm that will appreciate your goals and help you achieve them in the least costly and stressful manner possible. You want the law firm of Carman, Bevington & Finegan, PA, on your side.
Our legal team cares about our clients and their futures, and we try to resolve each divorce efficiently, but in a way that still protects your rights. We are skilled negotiators out of court and also experienced litigators in court. We understand the complex divorce process and the issues involved, which we detailed below.
How Does a Divorce Work?
If you decide to move forward, your attorney files a Petition for the Dissolution of Marriage and serves a copy on your spouse. The spouse then files a signed and notarized Answer and Waiver of Service. If your spouse does not accept service, you’ll have to take more complicated steps – which is only one reason you might want to consider using an attorney.
You must submit a signed financial affidavit within 45 days of filing. This document must include complex information about:
- Income & Assets
- Tax Returns
- Bank & Credit Card Statements
- Personal Financial Statement
Property Division in Florida
The next major step in a Florida divorce is property division. This is often a significant source of arguments in the divorce process and one that experienced Florida divorce attorneys like Carman, Bevington & Finegan can make much less painful for you. The court will consider the following in dividing your property:
- Spousal contributions to the marriage, including homemaking and caring for children
- Economic position of each spouse
- Length of the marriage
- Whether either party interrupted a career or education for the marriage or assisted the other in advancing in career or education
- The need or want for a particular asset, particularly for business reasons
- Contributions of each spouse to the marital assets
- The need for a family home for children
- Intentional wasting of assets by either party during the two years immediately preceding.
If you think your spouse may be difficult during this process or view the division significantly differently from you, Carman, Bevington & Finegan PA, can bring their years of experience to help you with these negotiations.
Parenting, Child Support, and Alimony
There is no preference for either parent in considering parenting rights. Parents essentially “time-share” their children. You are not required to have an attorney, but if there is a fight over the children, having one can really help. If you agree on time-sharing, the court will usually accept that decision. If there is a dispute, the court will consider, among other things:
- Each parent’s focus on the needs of the children
- Preferences of the children
- Whether parent’s conduct has had or is likely to impact the children adversely
- Home, school, and community of the children
- Whether parents are committed to the parental relationship
The court can order the non-custodial parent to pay child support. In doing so, the court will consider:
- Parent’s ability to pay
- Children’s needs and their number
The court can also consider spousal behavior such as adultery. Alimony is less common and based upon:
- Marital standard of living
- Length of marriage
- Financial resources and earning capacity of each spouse
- Contributions of each to the marriage
- Income sources
- Behavior, including adultery
Contact A Brandon Divorce Attorney Today
As you can see, even a no-fault divorce is complex and requires many difficult decisions and discussions between people who no longer wish to be married. Let us make this process easier for you. Contact Carman, Bevington & Finegan PA, today or call 813-654-3444 for experienced assistance with your Florida divorce.