The authority of a judge to award alimony in a Florida divorce action, and to modify any alimony award thereafter, is controlled by Florida Statute § 61.08 (the alimony statute) and its defining case law. For a number of years, there has been a consistent effort by the Florida legislature to modify the alimony statute in ways that, in general, weaken alimony claims. 2012 was no exception, with proposed changes to the statute passing both houses of the legislature, only to be vetoed by the governor on the last day of the 2012 legislative session. Proponents of the new alimony proposals have vowed to continue their fight to modify the alimony statute next year.
Videos
Uncontested Divorce
In the vast majority of divorce actions spouses resolve their issues through agreements prior to engaging in contested litigation. In most cases it just makes sense to do so as opposed to having a stranger impose these decision upon you and your family. When there is little or no disagreement between both spouses early on in the process you have a classic uncontested divorce. Often times the cost of these uncontested divorces can be quoted using a “flat fee” which typically increases the predictability and lowers the cost involved. In many cases the flat fee uncontested divorce is the best way to dissolve your marriage. Many of the divorces prosecuted by The Anton Legal Group are uncontested, flat fee divorces.
Collaborative Divorce
In a collaborative divorce both spouses and their attorneys must agree, in writing, to use their best efforts to negotiate a settlement of the divorce action. Both attorneys and both spouses have considerable incentive to successfully conclude acollaborative divorce in tampa negotiated settlement of your case. This is because part of the written agreement requires both attorneys to withdraw from the case should settlement negotiations reach an impasse and contested litigation follow. If a non-attorney expert, such as an accountant, financial planner, mental health counselor or appraiser, be needed then typically a single person is chosen by both sides. The expert will provide unbiased assistance, will favor neither side, and will owe no allegiance to either side. Documents and information must be freely and honestly exchanged. If a resolution is reached, a Marital Settlement is signed, an uncontested divorce action is filed, and a very short uncontested final hearing concludes the divorce action.
Prenuptial and Postnuptial Agreements
Prenuptial Agreements, sometimes referred to as “Prenups” are employed for at least two distinct and separate purposes. First, they define what will occur should a marriage be dissolved. Secondly, they define what will occur should one marriage partner predecease the other while married. Some agreements incorporate one of these purposes and some both. A postnuptial agreement is a very similar document but it is executed after the marriage takes place as opposed to before the marriage.
Attorney Fees and Costs
Attorney fees in contested family law proceedings are almost universally charged on an hourly basis. Flat fees are usually reserved for uncontested cases where there are few or no disputed issues. Contingency fees are prohibited by the Florida Bar Association in all but very limited family law situations.
Equitable Distribution
“Equitable Distribution” is the general legal term given to the various rules and concepts which govern the division of a families’ “assets and liabilities” or “net worth” during a divorce. The equitable distribution analysis begins with the proposition that a families net worth should be equally divided between the divorcing spouses. However, this is only an initial presumption. Frequently the end result is not an equal divission. Some assets and liabilities may be awarded or assigned solely to one spouse and not the other. These items are usually referred to as “non-marital” assets and “non-marital” liabilities.
Alimony
Alimony can be a very big and contentious issue in divorce cases. It is a financial award payable by one spouse to the other which is typically paid periodically, such as each month or each week. Alimony is designed to assist in the daily support of the recipient spouse. In very general terms, alimony is support awarded when it is equitable to require it, one spouse has the ability to pay it, and the other spouse has a reasonable need for it.
Alimony Statute
The authority of a judge to award alimony in a Florida divorce action, and to modify any alimony award thereafter, is controlled by Florida Statute § 61.08 (the alimony statute) and its defining case law. For a number of years, there has been a consistent effort by the Florida legislature to modify the alimony statute in ways that, in general, weaken alimony claims. 2012 was no exception, with proposed changes to the statute passing both houses of the legislature, only to be vetoed by the governor on the last day of the 2012 legislative session. Proponents of the new alimony proposals have vowed to continue their fight to modify the alimony statute next year.
Description of Anticipated Divorce Case Analysis
In this installment of the Anton Legal Group video blog, we will discuss the importance of the Divorce Case Analysis. Please feel free to comment or reply!