Divorce Law
Divorce can be devastating. Unfortunately, because of hurt feelings over the breakup of the marriage, many couples have difficulty reaching an agreement on the many issues associated with divorce, such as division of property, child custody and support, and spousal support. Therefore, the objective of Jeanette J. Secor P.A. in handling divorce cases is negotiating a fair settlement with as little conflict as possible.
When a marriage dissolves, both husband and wife must come to an agreement regarding the “terms” of divorce. A divorce's “terms” are such issues as how the marital property will be divided, who will get custody of any children of the marriage, or how the spouses will repay any debts accrued during the marriage. Florida is considered a “no fault” divorce state, which means that one or both spouses may claim irreconcilable differences that render the marriage “irretrievably broken.” Thus, responsibility by either party for the dissolution of the marriage typically does not affect the terms of the divorce. The various “terms” that may be subject to dispute include:
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Spousal support (alimony)
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Division of property
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Child custody
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Visitation/parenting plan
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Child support
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Guardianship/conservatorship of children
All of the contested terms must be negotiated until both parties can reach an agreement that they find satisfactory. Understandably, this can be an arduous and emotionally draining process. The good news is that even the most contested divorces can be settled outside of the courtroom. Jeanette J. Secor P.A. is an experienced family law attorney who can negotiate for your interests, which can go a long way to avoiding conflict with your spouse and streamlining the legal process of divorce.
One of the most contested issues in Florida divorce law is the issue of child custody and support. Generally, there are two forms of custody that must be determined: Physical custody and Legal custody. Physical custody is granted to the party with whom the child will spend the majority of his or her time. The parent who is awarded physical custody is referred to as the custodial parent. The parent who is not awarded physical custody is referred to as the noncustodial parent. Noncustodial parents must negotiate a visitation schedule, which may include overnight visits and vacations. Legal custody of a child gives a parent the right and obligation to make long-term decisions about the child’s upbringing, including the child’s religion, medical care, and schooling. In some cases, both physical and legal custody can be shared jointly between the spouses.
Child support is payment from one parent to the other to help cover their child’s care, support, education and overall upbringing expenses. The goal is to ensure that the children are cared for under the same or similar economic circumstances as they enjoyed before the marriage was dissolved. When determining child support, judges in Florida consider the amount of money you earn, the amount your spouse earns, how many children you have, and the amount of time the children will be in each parent's care. If you are facing a divorce, contact Jeanette J. Secor P.A. at (727) 822-8818 for a free consultation regarding your case. Jeanette J. Secor P.A. can help keep the conflict to a minimum and negotiate a divorce settlement that is in your (and your children's) best interests.
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