How Contested Divorces are Settled in Tampa Bay
Florida Law governs what must be settled in a contested divorce in Florida. It may not seem like much until you get to the negotiating table. It is there that even uncontested divorces sometimes become contested, and where couples who were initially “amicable” become less than cooperative before a settlement is reached. Understanding what must be settled in a Florida divorce may give you some insight as to the importance of hiring the best Tampa divorce attorney for YOU, one that is focused on family law and your best interests.
Tampa Family Lawyer Explains the “PEACE” Process
In Florida, it is common practice in family law to utilize what is referred to as the PEACE acronym. Used by the courts when settling a dissolution of marriage (divorce), it represents the order in which each area of your divorce settlement will be resolved and they are listed as follows. Click the link below to watch :
How Matters Are Settled in a Contested Divorce in Tampa Bay
Order in Which Matters Are Settled in Contested Divorces in Tampa Bay
- P: Parenting – If you’re divorcing with minor children you must settle matters such as: Parental responsibility (Child Custody) timesharing, parenting plans, education, religion , dental, medical and other matters such as extracurricular activities. There may be other matters that are unique to your family that may need to be addressed and settled. Parental Relocation with a Minor Child may also be addressed during this phase. In Florida, equal timesharing is favored, however it is not presumed in law. The courts should look to the best interests of the minor children. Hiring an experienced Tampa family law attorney can help to ensure that your parental rights are protected during this process. Whether mother or father, your safe and secure future will be considered, and calm, focused aggressive family law representation, provided.
- E: Equitable Distribution – The Equitable Distribution of assets and debts in a Florida divorce is governed by Florida Statute 61.0075. Pursuant to this statute, the Florida Court is required to set apart to each spouse that spouse’s non-marital assets and liabilities . In distributing the marital assets and liabilities between – the parties (husband and wife), the court must begin with the premise that the distribution should be equal between the parties, unless there is justification for an unequal distribution based upon relevant factors. There are non marital assets and liabilities that are not subject to distribution between spouses. For this reason, and particular in high net worth divorces, it is highly beneficial to seek the counsel of a Tampa divorce attorney . Nilo J Sanchez & Associates have decades of experience both negotiating and litigating matters of equitable distribution. Every divorce is unique. It is important that your divorce attorney treats your case as such. Our law firm has the resources and ability and knowledge to provide legal counsel and representation that looks to your future well being.
- A: Alimony – The topic of alimony in Florida is a popular one. When divorcing, it is one area that brings a great deal of anxiety to all involved. In short, alimony can be awarded to either spouse in Florida. There are few types of alimony that can be awarded in a Florida divorce settlement and judges are provided with a good deal of discretion in this area. Remember, once awarded, alimony can be enforced and most types are modifiable. Read: Florida Alimony – Getting Your Settlement Right the First Time
- C: Child Support – Your children are entitled to Child Support and under Florida Law, each parent has a fundamental obligation to support his or her minor or legally dependent child. Child support guidelines and worksheets are utilized in conjunction with time sharing and child custody to determine the amount of child support that will be awarded. During this phase, other expenses for the minor children will be considered, such as how medical insurance, uncovered costs of care, child care and other related expenses.
- E: Everything Else – In the everything else phase, matters that do not fit into the areas above will be settled. There are several examples we could give, but in short it may be something easy to negotiate or something very complicated, such as; Who gets the family pet in a divorce or attorney’s fees.
Contact Tampa Family Lawyers Nilo J Sanchez & Associates
Nilo J Sanchez & Associates PA Family Law & Divorce Attorneys specialize in Florida family law. If you want an aggressive divorce attorney in Hillsborough County who can represent you’re looking for the best child custody lawyer in Tampa for YOU, consider our law firm. We represent clients in multiple jurisdictions. If you’re searching for a top-rated divorce attorney in Pinellas County or in Pasco County, FL, reach out to us by phone or send us a message below. By way of negotiations, litigation or collaborative processes, our attorneys will work diligently and aggressively towards resolve.
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