http://FamilyMaritalLaw.com

One question we hear often is, “How do I divorce my spouse who lives in another state?” If you have been a resident of Florida for at least six months than you can get a divorce in Florida even if your spouse lives in another state.  If your spouse has never lived in Florida, then the Florida courts might lack the necessary jurisdiction over your spouse to make a distribution of assets or obtain support from your spouse. If you have children and they have never lived in Florida, then Florida courts might lack jurisdiction to make orders concerning the children. 

Fortunately, these issues can often be overcome through the cooperation of your spouse and/or with the assistance of a divorce attorney. 

Finally, as long as you have been a resident of Florida for six months prior to filing for divorce, the court can grant the divorce itself even if it lacks the authority to determine all other issues concerning the marriage.  Please contact us to schedule an initial consultation at no charge if you would like more information concerning your options.  

All Family Law Group 
511 West Bay Street #450 
Tampa, Florida 33606
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Florida Divorce Law: How do I divorce my spouse who lives in another state?

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One question we are asked often is, “What are the grounds for divorce in Florida?” 

Florida is a no-fault divorce state. That means that for a divorce to be granted, one of the parties must assert that the marriage is irretrievably broken. In other words, one of the parties must state in the Petition for Dissolution of Marriage that differences or disputes between the couple cannot be resolved. This is sufficient for a no-fault divorce. It does not have to be proved. 

The other legal ground for divorce in Florida is that your husband or wife has been mentally incapacitated for a period of at least three years. This requires the diagnosis and testimony of at least two psychiatrists. As a practical matter, going through the expense of getting a divorce on the grounds of mental incapacity is very rare as in most cases the divorce can also be granted for the easier to prove reason that the marriage is irretrievably broken which requires only an assertion that it is broken. 

Traditional grounds for divorce, such as adultery, abandonment or cruelty do not exist in Florida. However, they may factor into a divorce in other ways. 

For more information or to schedule a complimentary consultation contact us at:

All Family Law Group
511 West Bay Street Suite 450 
Tampa, Florida 33606
813-616-3557

http://www.familymaritallaw.com/faq/what-are-the-grounds-for-divorce-in-florida/

Florida Divorce Law - What are the grounds for divorce in Florida?

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A question we are asked often is, “How do I get a restraining order on my spouse?” In Florida, this is also called a Domestic Violence Injunction. 

Florida is committed to eradicating domestic violence and it has a process for obtaining a restraining order, even against a spouse. Restraining orders are available for any reason that could constitute domestic abuse. Examples include violence, threats, theft of property, harassment and stalking. 

To obtain a restraining order a Petition must be filled out and filed with the court. On this form you explain why you should be given a restraining order. It is important to be as detailed as possible as a judge will review the Petition within a few hours. Based upon what is written on the Petition, the judge will determine whether it is truthful, and whether an order should be entered? If the judge decides the answer is yes, then an order will be issued. A sheriff will serve that order on your spouse or another as soon as possible. If the two of you live together, your spouse will be ordered to vacate the premises immediately. Two weeks later, you will need to return to court for a formal hearing on your application. You will present your case and your spouse will be given the opportunity to respond. After hearing the evidence, a judge will decide if a permanent restraining order should be issued. 

This process should not be taken lightly. Seeking a restraining order can have far-reaching implications during a divorce, especially if you have children with your spouse. For this reason and because you will need to attend a formal court hearing, you should have a family law attorney assist you if you should decide you need a restraining order.

Domestic Violence Attorney in Tampa Florida 
All Family Law Group - Tampa Office
813-616-3557
511 West Bay Street Suite 450 
Tampa, Florida 33606

http://www.familymaritallaw.com/faq/how-do-i-get-a-restraining-order-on-my-spouse/

Florida Divorce Law: How do I get a restraining order on my spouse?

http://FamilyMaritalLaw.com

Often times we are asked the question, “Can I divorce my spouse without using an attorney?”

The answer to the question is yes. Everyone has the right to seek relief in court without the assistance of an attorney. This includes getting a divorce. A better question than can you get a divorce without using an attorney is should you get a divorce without using an attorney?

The answer to that question is usually no. A divorce can be one of the most impactful, financial and personal moments in your life. A divorce agreement will determine your property rights to your current assets. The divorce may determine whether you receive or have to pay alimony. If you have children with your spouse, the divorce will determine your custody rights and child support. 

With so many important decisions that are made in a divorce and the potential consequences of signing an unfavorable agreement or receiving an unfavorable decision in court, it makes no sense to go into the process without the benefit of an attorney who can assist you. In all legal matters it is much simpler to get things done right the first time than to try and change them later. Changing a divorce decree after the fact is not easy, so you will want an experienced divorce attorney to make sure that you get it right the first time.

For more information or to schedule a complimentary consultation contact us at:

All Family Law Group
Tampa Bay Divorce Attorney
813-616-3557
511 West Bay Street Suite 450 
Tampa, Florida 33606

http://www.familymaritallaw.com/faq/can-i-divorce-my-spouse-without-using-an-attorney/

Can I divorce my spouse without using an attorney? - Tampa Divorce Attorney

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Often times people ask the question, "What is an uncontested divorce?"

If both parties agree on all issues concerning property division, child timesharing, child support and alimony, then they can proceed with an "uncontested" divorce. The parties can come to an agreement either before or after the Petition is filed, as it is necessary to file a Petition to proceed with any divorce whether it is uncontested or contested. Furthermore, there are documents known as pleadings that must be filed with the court in a divorce regardless of whether it is uncontested or contested. If there are any assets, debts or alimony issues the parties must enter into a Marital Settlement Agreement, which includes the terms agreed upon by the parties concerning assets, debts, and alimony, and if children, then it will include the terms of child support. It is not necessary to file an Agreement if the parties agree that there are no marital assets and liabilities. Furthermore, the parties will need to execute and file a Parenting Plan if there are children. The Parenting Plan will determine timesharing of the children as well as other issues concerning the children, including, but not limited to, extracurricular activities and expenses, transportation, communication between the children and the parents, as well regular, holiday and summer timesharing. The parties must file a Financial Affidavit even if there are no assets or liabilities, especially if there are children as the net incomes of the parties are one of the factors used to determine child support.

It is beneficial to hire an attorney for assistance even if it is believed to be an uncontested divorce. It is very important that an attorney prepares or reviews the agreement you have made with your spouse to make sure it is fair, appropriate and legally binding. And to ensure that all necessary documents are filed and all of the necessary procedures are done correctly, so that you can get divorced as quickly as possible. It is best to get it done right the first time, as you will not be able to make any changes to distribution of assets and debts once the Final Judgment is entered. Also, terms concerning timesharing, child support and alimony can be modified later; however, it is very difficult to make the change.

For more information or to schedule a complimentary consultation contact us at:

Tampa Bay Divorce Attorney
All Family Law Group
813-616-3557
511 West Bay Street Suite 450 
Tampa, Florida 33606

Florida Divorce Law- What is an uncontested divorce?

http://FamilyMaritalLaw.com

Often times we are asked the question, "What can I do if my spouse files for divorce but I do not want the divorce?"

Florida is a no fault divorce state.  All one has to do is to file a Petition for Dissolution of Marriage and allege that the marriage is irretreivably broken. This does not have to be proven.  So you cannot prevent the divorce if your spouse is determined to get one.  However, you might be able to convince your spouse not to seek the divorce and instead attend marital counseling or otherwise reconcile.  This is voluntary as the court will not order that you go through any counseling to save the marriage.

What you can do is to make sure that your interests are protected.  Do not ignore the divorce process thinking it will go away.   You will have only 20 days to respond to the Petition once it has been personally served upon you.  It is important to talk with a knowledgeable Tampa attorney who specializes in divorce and family law, and make sure that your property and liability issues are properly addressed, as well as any support issues.   If you have children with your spouse, make sure that you retain appropriate timesharing  and child support is properly calculated.  If you do not respond to the Petition as directed in it, a default will be entered and the process will proceed without you.

For more information or to schedule a complimentary consultation contact us at:

Tampa Bay Divorce Attorney
All Family Law Group
813-616-3557
511 West Bay Street Suite 450 
Tampa, Florida 33606

What can I do if my spouse files for divorce but I do not want the divorce?

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Often times we are asked the question,"Can I get a divorce if I cannot locate my spouse?"

Yes, but it is not as simple as merely telling the court that you do not know where your spouse is and having the court grant your divorce. In general, Florida requires that you make a diligent search and there are certain requirements of the search that must be adhered to. The search must be completed in the state of his or her last known residence. There are firms which will complete this process for you for a fee; however, the fee is well worth it to make sure that the search is properly completed. After conducting a good faith search pursuant to the requirements to attempt to discover your spouse’s current whereabouts, you will need to sign and file a sworn affidavit detailing the steps you took in the attempt to locate your spouse. If a firm is hired to conduct the search for you, that firm will file a sworn affidavit with the steps taken to complete the diligent search. When the affidavit has been filed, you will then need to serve your spouse notice of the divorce by publishing it in an appropriate newspaper for four continuous weeks. If an answer is not filed within the time allowed, you can request a default and move forward with a final hearing on the default at which time the judge will grant the divorce if you have complied with the process and filed all necessary pleadings. If you have assets, children or you are requesting alimony, it is important to consult with an experienced attorney to discuss how these issues will be addressed if you cannot find where your spouse is located. 

For more information or to schedule a complimentary consultation contact us at:

Tampa Bay Divorce Attorney
All Family Law Group
813-616-3557
511 West Bay Street Suite 450 
Tampa, Florida 33606

Can I get a divorce if I cannot locate my spouse?

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Often times we are asked, "What if my spouse doesn’t agree to the divorce? Can I get a divorce without my spouse’s signature?"

It is not required that your spouse sign the Petition for Dissolution of Marriage to obtain a divorce.  That is only true in a simplified divorce where there are no children involved, the parties have signed an agreement distributing their assets and debts and they both sign and file the Petition.  Otherwise, normally the Petition and initial documents will be prepared, filed and served upon the other party by process server.  Then he or she has 20 days to file an Answer to the Petition, as well as a Counter Petition if that party requests anything from the marriage that is not included in the Petition.  If the response is not timely filed, then the party seeking the divorce can file for a clerk or judicial default, and if granted, then the case would proceed without including the non-filing spouse.  If the party responds, then there is a procedure that must be followed to eventually obtain a divorce, either amicably or requiring intervention by the court.  Florida is a no fault state so the divorce process can be prolonged; however, a divorce cannot be prevented, even if your spouse does not agree.  

For more information or to schedule a complimentary consultation contact us at:

Tampa Bay Divorce Attorney
All Family Law Group
813-616-3557
511 West Bay Street Suite 450 
Tampa, Florida 33606

Can I get a divorce without my spouse's signature?

Attorney Lynette Silon-Laguna practices family law, divorce and bankruptcy at All Family Law Group, P.A., a family law firm serving Tampa Bay with offices in Tampa, Clearwater, Riverview and Apollo Beach. Ms. Silon-Laguna’s practice encompasses a wide spectrum of family law matters, including divorce, stepparent adoption, relative adoption, name change, paternity, child support, child custody and domestic violence. 

Ms. Silon-Laguna graduated summa cum laude from the University of Central Florida and earned her Juris Doctorate law degree from the University of Florida Levin College of Law, where she graduated With Honors. While in school, she was awarded Founder’s Day Honors and a Certificate for Outstanding Achievement, and was elected to the Phi Kappa Phi honor society. 

Ms. Silon-Laguna is admitted to practice in all Florida state courts and the United States District Court for the Middle District of Florida. She is a member of the Family Law Sections of the Florida Bar and the Hillsborough Bar Association, and is a member of the Clearwater Bar Association. She is a member and Past Secretary of Pinellas County Trial Lawyers Association and is a member of the Tampa Bay Bankruptcy Bar Association. 

Lynette Silon-Laguna, ESQ