A divorce is a difficult time in anyone’s life. What’s more, even if the divorce is amicable, both parties are experiencing a broad range of emotions. A family lawyer in Broward County can help move beyond the emotions that can impede a fair negotiation, and help both parties reach a fair divorce settlement. Divorce attorneys can help solve the issues of child support, alimony, spousal support, equitable distribution of assets, child custody and visitation, and property division. When parties are unable to agree on one or more of these issues, a divorce attorney can step in and help negotiate a reasonable settlement.
Alimony and Spousal Support
Alimony and spousal support are two complex issues that affect most divorces. In Florida, there are no guidelines for alimony, so a divorce attorney in Broward County would help base your case for alimony on many different factors to be presented to a judge. Factors such as length of marriage, current employment, and lifestyle during the marriage would be considered. Employment and ability to gain employment are very important aspects in determining alimony, especially if one of the former couple is receiving welfare or disability, or is staying home to raise young children.
Child Custody and Visitation
In Florida, as of 2008, custody and visitation have changed to a shared parenting plan. Today, each parent has equal rights considering how their child is raised. The parents have the right to spend equal time with their children, and visitation is now referred to as “time sharing”. Since there are many different situations and factors in the parents’ lives, hiring a family lawyer in Broward County can help determine the best time sharing schedule for the child. A family attorney will help the parents draw out a Parenting Plan that will be filed with the court and that will contain all information relevant to the raising of the child by the divorced parents.
The division of assets and liabilities may be difficult to negotiate, but a divorce lawyer in Broward County will help make sure that both parties follow Florida’s equitable distribution laws. Equitable does not necessarily mean equal, but in almost every case distribution is done on an equal basis. Assets related to gifts and inheritances to only one party are not subject to the equitable distribution laws, but any assets obtained during the marriage will be considered marital and will be subject to the laws of equitable distribution. Also, any liabilities incurred during the marriage will be considered marital and will also be subject to the equitable distribution.
In Florida, contested divorce is a commonly misused phrase, since legally all divorces are uncontested because neither party has the right to contest a legal dissolution of the marriage. A contested divorce usually refers to a situation where neither party can come to an agreement on the division of assets, child support and custody, alimony or spousal support. A divorce attorney in Broward County can help navigate these tumultuous times and represent you fairly in a “contested” divorce.