March 9, 2023
Divorce is rarely easy and can involve complicated issues like asset and debt division. In the state of Florida, both marital and non-marital property and debts are subject to division during a divorce. Being aware of the laws and understanding the process in Florida can help ease the burden of a divorce and ensure the outcome is fair and equitable.
Understanding Florida’s Divorce Laws
Florida is an “equitable distribution state,” meaning that the court will divide marital assets and liabilities in a way it deems fair, considering factors such as the length of the marriage, each spouse’s financial needs, and other relevant circumstances. Non-marital assets, defined as assets acquired before the wedding, assets acquired by one spouse as a gift or inheritance, or assets assigned to one spouse in a settlement agreement, are not affected by the equitable distribution process.
Dividing Marital Assets
In Florida, marital assets include any real estate, vehicles, retirement and investment accounts, bank accounts, small businesses, household furnishings, and pets owned during the marriage. These assets will be considered when determining how the assets should be divided.
It is important to note that the division of marital assets is not necessarily a 50/50 split. The court will consider various factors in determining how the assets should be divided, and the division may not be equal.
When it comes to dividing assets, the courts will look at the circumstances of each individual case. They will consider factors such as the length of the marriage, each party’s economic circumstances, and evidence of financial misconduct. For example, if one spouse has dissipated assets during the marriage, this will be considered when determining how the assets should be divided.
Dividing Marital Debts
In the same way marital assets must be divided, marital debts must also be divided between the divorcing spouses. This includes debts such as mortgages, car loans, joint credit cards, student loans, medical bills, and other loans.
Dividing debts can be more complicated than dividing assets, as it is sometimes difficult for the court to determine which spouse is liable for a particular debt. As with assets, the court will consider factors such as the length of the marriage when deciding how to divide the debts.
Compliance with Final Judgments
Once the court has issued its ruling and the spouses have accepted the division of assets and debts, both parties must comply with the ruling. Non-compliance can result in civil or criminal penalties. The only exception is if either spouse requests a modification of the verdict due to a change in circumstances.
Conclusion
Divorce proceedings can be a challenging, stressful experience. Understanding the laws and processes in Florida can help both spouses keep the process manageable, ensuring a fair and equitable outcome. With the right knowledge and guidance, a Florida divorce can see both spouses move forward in a positive direction.
To learn more about family law in Florida, talk to us at Dorsey Law JAX. We provide experienced, compassionate legal advice to individuals and families throughout the Jacksonville area. Contact us today.
March 4, 2023
Divorcing a spouse with narcissistic tendencies can be an especially tricky situation. They may use various tactics to gain an advantage in negotiations or cause disruption. Their self-centeredness can make it difficult to resolve and ultimately require more time and effort from both parties. Dealing with this behavior can be emotionally draining and even negatively impact your mental health after the divorce is finalized.
Once you recognize that your partner demonstrates narcissistic tendencies, you can devise a plan and emotionally prepare for any potential difficulties that may arise during the divorce process.
The Signs of a Narcissist
Classic narcissists use their charisma and charm to form shallow connections with people so that they can take advantage of them or manipulate them. They often disregard the feelings of others and are not considerate of them. In a marriage, both parties should work together to reach shared goals, but a narcissist’s need to build an overinflated opinion of themselves can ruin this.
During a divorce, someone narcissistic may often act in ways that can create difficulty for the other person and their family. They may take conflicts to a higher level and make the entire process more difficult than it needs to be:
- An inflated sense of self-esteem or -importance.
- Manipulation
- Admiration
- No empathy.
- Arrogant behavior.
- Neglect
- Exaggeration of feats accomplished.
- Overreaction to potential threats and criticism.
Expectations When Divorcing a Narcissist
A narcissistic partner can be resistant to parting ways with you in divorce. They may attempt to discredit you by using falsehoods, emotional blackmail, and manipulating the opinions of others. This behavior can be unpredictable and seem illogical. The narcissist may do anything they can to get their way, involving spiteful or vengeful acts that can result in additional costs and emotional distress to you over time.
If you are getting divorced from someone with narcissistic traits, it is important to understand that their behavior is not a reflection of you or your efforts. You must be prepared to recognize and respond to their manipulative tactics and escalating conflict. Develop a mindset that will help you stay strong and focused during this difficult time.
Be prepared to distance yourself emotionally from the narcissist’s behavior. You can anticipate them attempting to stir your emotions or impose their version of reality. Recognize their tactics and refuse to be affected. Make sure to stay focused on the end goal of a fair settlement and a positive vision for your future. Don’t let their attempts to manipulate you be successful emotionally.
In Florida, you do not need to prove your fault to get a divorce. However, your spouse’s behavior throughout the marriage or their version of events may indicate they have a narcissistic personality. Remain focused on finding a satisfactory solution to the divorce while not letting your spouse’s unpleasant behavior affect you. Gather people who can give evidence of your spouse’s manipulative behavior. You can use this to demonstrate their true character if they are too aggressive.
The Final Say
Divorce does not necessarily mean that you are completely free from your narcissistic partner. Even if you have children, your partner may still influence your life. To protect yourself, it is important to learn how to recognize your partner’s behaviors so that you can anticipate them and limit the emotional power they have over you.
Talk to Us for Legal Help and Representation
Dorsey Law JAX’s team helps clients address various family law issues. We are equipped to handle anything from emergency circumstances, such as injunctions due to domestic violence, to the finalization of divorce in Jacksonville, FL, and post-judgment modifications of custody and support. We strive to find a resolution through negotiation, but if necessary, we are prepared to take the case to trial or the appellate court. Make an appointment by calling (904) 394-2865 and experience the five-star legal treatment we give clients!
February 23, 2023
When going through a divorce, one of the most important decisions to make is how to handle child custody. It is a difficult decision for both parents and can involve a lot of emotion and stress. That is why it is important to have the right attorney to ensure that the best interests of both the parent and the child are considered. Here are seven questions to ask an attorney about child custody:
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What Is the Best Way to Approach Child Custody Negotiations?
The best way to approach child custody negotiations is to work with your attorney to develop an agreement that both parents can agree on. This agreement should consider the best interests of the child and both parents. Your attorney should be able to help you develop a plan that works for everyone.
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How Do Visitation Rights Work?
Visitation rights are an important part of the child custody process. An attorney can help you understand how visitation will work in your case. They can guide the best approaches to visitation, such as setting a schedule and discussing any special needs that may be required. They can also help you understand the legal implications of any agreements you make regarding visitation and ensure the agreement is in the child’s best interest.
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How Do the Court and the Law Factor into the Decision?
The court and the law will be important in determining the outcome of the child custody negotiations. The court will make the final decision and consider both parents’ wishes. The law will also play a role in determining what is in the child’s best interests.
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Should We Pay Child Support?
Child support is a payment that a non-custodial parent is legally obligated to make to the custodial parent to help cover the costs of raising a child. The amount of child support owed is determined by the state’s child support guidelines, which consider both parents’ income and the cost of raising a child.
If a non-custodial parent fails to pay child support, they can be held in contempt of court and face serious legal repercussions. It is important to understand the state’s child support guidelines and the possible consequences of failing to make payments.
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What Should I Do If the Other Parent Is Uncooperative?
If the other parent is uncooperative, your attorney can help you devise a strategy to try and reach an agreement. Your attorney can also advise you on proceeding if the other parent is unwilling to cooperate.
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Which Laws Concern My Case?
Different laws may apply depending on the jurisdiction in which the case is being heard. It is important to clearly understand the applicable laws to ensure that your rights are properly represented and that the court’s decision is sound.
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Do Mothers get custody automatically?
There is no guarantee that mothers will automatically get custody regarding child custody. Each case is evaluated individually based on the child’s best interests. Factors such as the parent’s income and living arrangements, the child’s age and relationship with each parent, and overall health and well-being are all considered.
Conclusion
It is essential to ask an attorney the right questions before pursuing a child custody case. Knowing the answers to these questions can help you make an informed decision and help you understand the process better. It is essential to make sure your attorney is experienced and knowledgeable in family law so you can get the best possible outcome for your child custody case. Ultimately, asking the right questions can help you make the best decision for your family.
Are you looking for an attorney in Jacksonville, FL? Dorsey Law JAX offers the legal services of highly experienced attorneys specializing in family law, among others. Schedule a legal consultation today!
