Tampa Family Law Attorneys

Types of Divorce in Florida

If you’re filing for divorce, you may be wondering which path to marriage dissolution is best for you. Consulting with an experienced family lawyer is paramount to choosing the appropriate type of divorce for your unique circumstances. Types of divorce in Florida include:  

• Contested dissolution of marriage: In a contested divorce, one or both parties must file a petition for dissolution and potentially attend court hearings to resolve disputes regarding child custody, support, property division, and alimony. The outcome in contested divorces is determined by the judge.
• Uncontested dissolution of marriage: In an uncontested divorce, both parties must agree on all terms of the divorce, including child custody, support, property division, and alimony. This option can save time and money compared to a contested divorce, but can be tricky to qualify for due to the need for mutual agreement between couples. 
• Simplified dissolution of marriage: A simplified divorce is available to couples who do not have children or significant assets and agree on all aspects of the divorce. This process involves filing a petition for simplified dissolution, attending a final hearing, and obtaining a final judgment of dissolution.

How Is Property Divided in a Tampa Divorce?

Florida is an equitable distribution state, meaning that family courts seek to divide martial property equitably in a divorce. Unlike community property states, which generally aim to divide marital assets equally, equitable distribution states aim to divide property fairly based on a variety of factors. 

“Marital assets” refer to jointly owned assets and debts acquired during the marriage, while separate property refers to property owned by one spouse. Common examples of marital property include the family home, vehicles, retirement accounts, and investment portfolios acquired during the marriage. Separate property may include inheritances, gifts from third parties, or premarital assets.

What Factors Are Considered During Equitable Distribution? 

Below are some influencing factors that may affect property division in a Florida divorce: 

• The length of the marriage
• Each party’s contribution to the household
• Each party’s earning potential and financial needs
• Each party’s financial contributions to the marriage
• Any waste or depletion of marital assets by either party
• Any agreements made between the parties, such as prenuptial agreements
• Each party’s non-financial contributions to the marriage, such as caring for children or managing a household

How Is Child Custody Determined in Florida? 

Family courts are obligated to prioritize the child’s best interests in all child custody decisions. In Florida, family courts can take a myriad of factors into account when determining child custody decisions, including each parent’s mental and physical health, ability to provide for the child, and willingness to cooperate with the other parent. 

What Types of Spousal Support Are Available in Florida?

Florida law provides several types of alimony: temporary, bridge-the-gap, rehabilitative, durational, and permanent. Temporary alimony supports a spouse during the divorce process, while bridge-the-gap is short-term and helps the recipient transition to single life. Rehabilitative alimony is intended to support a spouse while they obtain education or job training, durational alimony is provided for a set period, and permanent alimony may be awarded for long-term marriages where one spouse lacks the means to be self-supporting. Courts assess factors like the marriage duration, financial resources, and contributions to the marriage in determining alimony.

How Does Child Support Work in Florida?

Child support in Florida is calculated based on a formula that considers both parents’ incomes, the child’s needs, and the time each parent spends with the child. The court aims to ensure the child has adequate support for basic needs, education, and healthcare. Other expenses, such as childcare and medical insurance, may be factored into the total support amount. Typically, the non-custodial parent makes payments to the custodial parent, but this depends on the specific custody arrangement.

How Does Florida Handle Domestic Violence in Family Cases?

Domestic violence can significantly impact family cases, particularly those involving child custody and divorce. If a spouse or parent files for a restraining order or injunction due to domestic violence, the court may issue temporary protections for the victim, such as barring the alleged abuser from contact. In custody cases, evidence of domestic violence may influence the court’s decision, as judges prioritize the child’s safety and welfare. Courts may also impose supervised visitation or limit custody rights of the abusive parent to protect the child and the other parent.

Is Mediation Required in Florida Family Cases?

Mediation is often required in Florida family cases, particularly for divorce, custody, and property disputes. Mediation allows both parties to attempt to resolve their issues with the help of a neutral third-party mediator. It is typically less adversarial and less expensive than going to trial, and it often results in faster resolutions. In many Florida counties, mediation is mandatory for certain family law disputes before proceeding to a court hearing, as the state encourages amicable settlements whenever possible.

Why Hire Robert Sparks Attorneys?

If you’re preparing for family court, securing experienced representation is essential to obtain a favorable outcome. When you partner with Robert Sparks Attorneys, you’ll benefit from:

• Legal experience: With years of experience, our highly skilled advocates have diverse legal knowledge and skills to guide your steps wisely throughout family court proceedings, maximizing your chance of securing a favorable outcome. 
• Client-centric representation: At Robert Sparks Attorneys, we deeply value our relationships with every client we serve. We understand that family law matters aren't merely legal, but personal to you and your loved ones. That's why we make every effort to guide families with compassionate counsel. 
• Effective negotiators: Our lawyers can negotiate skillfully with insurance companies and other involved parties to pursue a favorable settlement on your behalf, preventing insurers from taking advantage of you with lowball offers. 
• Proven results: With our proven track record of results, you can trust our firm to provide sound counsel every step of the way while pursuing a favorable outcome in your case. 
• Trial readiness: As accomplished litigators, our firm never shies away from a trial if necessary to achieve a fair settlement, giving you peace of mind that you won’t have to settle for less than you deserve.

Contact Our Tampa Family Lawyers Today

When it comes to protecting your family and future, don't settle for less than experienced counsel from Robert Sparks Attorneys. When you partner with us, our attorneys will take the time to listen and understand your unique needs, concerns, and goals, allowing us to provide informed guidance tailored to your specific situation. With years of experience and a proven track record of results, we can work diligently to safeguard your rights.

Family law disputes can be emotional and tedious, but you don’t have to fight alone. Contact us online to discuss your case with our Tampa family lawyers.