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PEACE Acronym and Divorce Laws in Florida

Florida has a distinct and easy to understand set of divorce laws. The state follows the no-fault divorce rule, meaning that a spouse does not have to prove that the other spouse did something wrong in order to get a divorce. Call Jacobs Law Firm, uncontested divorce attorney Orlando for more information. When filing a divorce in Florida, the court follows an acronym called PEACE, which stands for Parenting, Equitable Distribution, Alimony, Orlando Child Custody Attorney , and Everything else. Parenting Divorce laws in Florida cover custody and visitation rights for both parents. The state uses the term "parenting plan" to refer to the schedule that detail when each parent will have time with the child. In most cases, the court will approve a parenting plan proposed by both parents. If the parents cannot agree on a plan, the court will create one for them. Equitable Distribution After a divorce, Florida law requires that all marital property be divided...

Is Florida a No-Fault Divorce State?

Florida is a no-fault divorce state,along with 16 other states. Either spouse can dissolve a marriage for any reason. No-fault applies to contested and uncontested divorces in Florida. A specific cause doesn’t need to be listed as to why the marriage failed. There are only two options available for the dissolution. Many couples list “irretrievably broken” grounds on their divorce filings. Each partner has the right to retain an attorney in Florida. Both partners reach an initial agreement in an uncontested no-fault divorce. The couple may have a generalidea of splitting property and assets. If children are involved, the spouses reach an understanding for custody and support. Jacobs Law Firm is a divorce attorney who practices in Orange County, Florida. Please schedule a consultation with our Orlando or Winter Park, FL office.   The second ground of an uncontested no-fault divorce is mental incapacitation. This circumstance means that one partner can’t independently make legal d...

Divorce Laws in Florida

In the state of Florida, divorce is most commonly known as "dissolution of marriage." In order to file for dissolution of marriage, either party must have been a resident of the state for at least six months prior to filing. The Divorce Process in Florida   The process of divorce in Florida generally begins with one spouse filing a petition for dissolution of marriage with the clerk of court in the county where they reside. The other spouse must be served with the petition, and they will have 20 days to respond. If the responding spouse does not want a divorce, they can file a counter-petition. Once the petition has been filed, both spouses will need to disclose their financial information to each other. This includes income, debts, assets, and liabilities. Each spouse will also need to provide a list of their monthly expenses. If the parties are able to reach an agreement on all issues, they can file a marital settlement agreement with the court. If the parties are...

How to File a Divorce in Florida

Filing a divorce can be one of the most difficult things you will ever have to do. In Florida, divorce is an issue resolved right away, and you can file for divorce without having to go through a long and painful process. This article will show you the entire process on how to file a divorce in Florida. Finding a Good Lawyer   The first thing you need to do is find a good Florida divorce lawyer who can help you with your case. Jacobs Law Firm, divorce attorney Orlando , divorce attorney Clermont FL can help you file for divorce in the county where you live. You will need to fill out some paperwork and pay a filing fee, but it is worth it to get the divorce over with quickly. Filing a Divorce with Children   If you have children, you will also need to make arrangements for child custody and support. In Florida, child custody is usually decided by the court, and it is important that you have a good lawyer who can represent you in court. Child su...

Using Collaborative Law for Pre and Post-Nuptial Agreements in Florida

Florida has collaborative laws for parties to resolve issues regarding family differences. Commonly used in divorces, the process also has other applications. The goal is to reach an agreement civilly without going to court. Licensed collaborative attorneys meet the criteria set forth by the Florida Supreme Court. In addition to divorces, the process covers paternity, child custody, and support cases. Collaborative law is also used for finalizing pre and post-nuptial agreements. Jacobs Law Firm, an Orlando divorce attorney, drafts and writes marital arrangements. We’ll briefly explain how the collaborative process works for pre or postnups in Florida. Having a plan to divide property and assets benefits both partners before marriage. Many people have a misconception about pre-nuptial agreements. While in a relationship, bringing up this topic may create a fear of divorce. Unlike other states, Florida isn’t a community property state. Marital property, debts, retirement funds, and ass...

Florida Collaborative Law : Jacobs Law Firm

Florida has collaborative law may protect privacy in legal proceedings, including divorces. All parties, including the spouses, attorneys, and others involved, sign a collaborative participation agreement. Florida equitably splits marital property, but sometimes couples disagree. For partners seeking confidentiality, collaborative divorces are often the best route to take. These cases are settled outside of court and don’t go on public record. Although the divorce is contested, the conflicts and final resolution remain private. Each spouse has their own collaborative attorney to resolve the differences. Florida is a no-fault divorce state; therefore, settlements are equitable. Both parties work amicably towards a settlement. Jacobs Law Firm is a collaborative divorce attorney in Orlando, FL. Our office can evaluate your case and explain more about the process. The Florida State Supreme Court licenses attorneys who practice collaborative law. To ensure adequate representation of clien...

Can I Stop Paying Child Support After My Ex Remarries in Florida?

Sometimes, one or both partners with children will remarry after a divorce. The kids will then have three or four parents. Part of the divorce settlement includes child support and custody arrangements. In Florida, parents develop a “time-sharing” plan with the visitation schedule. After a second marriage, things change for the adults and children involved. Often, parents who pay child support have questions after their ex-spouse remarries. Jacobs Law Firm of Orlando will go over what happens when step parents enter the picture.   Kids will have an extra provider or caretaker, including more financial support. Florida generally doesn’t calculate any additional income after a remarriage. Either parent can file for child support modification when family circumstances have changed. It’s best to consult with an attorney before petitioning the courts. Same-$ex divorced couples with kids can also file for child support modification orlando . Some parents can look up their cases on th...