February 16, 2023
Getting separated from your partner can be challenging. It doesn’t matter if you’re going through a divorce or going for a separation agreement; it’s still not an easy journey. For many people, divorce is the only way to do it, but for some, it might not be an option because of financial, medical, or religious reasons.
A married couple may choose to legally separate where they are free to negotiate child custody, spousal support, and the division of property without dissolving their marriage. That said, even if the separation is amicable, both spouses should still get the help of a legal separation attorney.
If you’re wondering if a separation agreement is the right route for you, read on as we share some reasons why it can be an excellent option to consider:
You Can Avoid the Stress of Divorce Proceedings
A separation agreement refers to a legally binding contract outlining the details of a couple’s separation. It covers issues such as the division of assets, spousal support, and child custody. By entering a separation agreement, couples can avoid the stress of navigating through the divorce process.
One of the significant benefits of a separation agreement is that it allows couples to come to an agreement on their own terms. It lets them communicate with each other and negotiate a fair and equitable arrangement that works for both parties. This eliminates the need for costly and lengthy court proceedings.
You Can Maintain Control Over Property and Finances
One of the biggest advantages of a separation agreement is that it allows you to determine who gets what when it comes to property and finances. You can decide what assets and debts will be divided between the two of you, how much money each of you will receive, and how much support (if any) is to be paid. This allows you to ensure that your assets and debts are divided in a fair and equitable way for both parties.
You Can Keep Your Health Insurance Coverage
One of the best reasons to consider a separation agreement is because it can help you keep your health insurance coverage. This is especially true if you are leaving a job that offers health insurance benefits or if you and your spouse both have health insurance coverage through the same employer.
A separation agreement can allow you to keep your health insurance coverage without having to pay for it out of pocket. This can be incredibly beneficial, especially if you need extensive medical care or a chronic illness requiring ongoing treatment. In addition, if you and your spouse have children, a separation agreement can also give you the ability to maintain their health insurance coverage.
It’s Less Expensive and Time-Consuming
Getting a separation agreement can often be less expensive than filing for divorce. This is because it eliminates the need to go through the court system, which can be costly. Additionally, since the agreement is negotiated between the spouses, there is no need to hire an attorney, which can be significant cost savings.
A separation agreement also takes less time to complete than a divorce. This is because the deal is negotiated between the spouses, which saves time in the court system. The agreement can be completed much faster than a divorce.
Why You Still Need a Lawyer for Your Separation Agreement
No matter how well you and your spouse agree on the terms of the separation agreement, disputes can still arise. A lawyer can help resolve these disputes quickly and efficiently and ensure that your rights are still protected.
Also, a separation agreement is only enforceable if it is properly drafted and signed by both parties. A lawyer can ensure that the agreement is properly drafted and enforceable if one party fails to abide by the terms of the agreement.
A lawyer can also provide valuable advice and explain the implications of the separation agreement in detail.
Conclusion
A separation agreement can be a beneficial option for couples who do not want to continue their relationship. It allows both parties to come to an agreement on issues such as child custody, financial support, and division of assets while avoiding the costs and potential delays associated with a court hearing. A family lawyer can help you ensure that everything goes well with your separation agreement.
Dorsey Law JAX offers the services of a seasoned family lawyer in Jacksonville, FL. Schedule your appointment today, so we can discuss your case!
February 10, 2023
If your spouse hasn’t contacted you in a while and you want to file a divorce, you might wonder if it’s possible to file a divorce even when the said spouse cannot be located. The short answer is “yes”; you can certainly do so. If reasonable efforts have already been made to locate your missing spouse and you still failed to find them, it could indicate that your spouse is trying to avoid the divorce. However, should that happen, you can still successfully end your marriage and start anew.
Here, Dorsey Law Jax shares what you need to know:
Filing for Divorce Without Your Spouse in Florida
Florida law allows people to file for divorce even when they’re alone. What this means is that even if your spouse has somehow disappeared, and even if you suspect that they’re doing it on purpose as they refuse to cooperate with the legal process, you can still petition a Florida court for a divorce.
In general, you are allowed to file for divorce alone if any of these applies to you:
- Your spouse is refusing to sign divorce-related documents
- Your spouse’s location is unknown despite reasonable efforts to find them
- Your spouse is hiding from your or the process servers
A divorce attorney can help you file for divorce on your own if any of these applies to you.
What Are the Requirements for Filing and Serving Divorce Papers in Florida?
When either spouse files for a divorce, the other spouse must be served. This service refers to the delivery of court documents that serve as a formal notification of the divorce filing, together with the set court date for the initial hearing.
Professional process servers are professionals who execute the process of service. They are experts in finding individuals who are subject to lawsuits and in delivering court documents. Process servers already know that many people try to avoid the service of process, so they hone their research skills and devise unique techniques to locate and serve them their papers.
There are a few requirements for serving divorce papers:
- Petitioners cannot serve divorce papers themselves; only those with authority to perform service of process, including the county’s sheriff where the spouse to be served is located and professional process servers.
- The process server should personally deliver divorce papers to the respondent. The papers are not to be left in a mailbox unless the respondent is evading service. Copies of the divorce papers can also be left at the respondent’s residence.
- Process servers should contact the respondent’s employer so they are informed of the service of the process before the respondent is served at their place of work.
- Service of process cannot be performed on a Sunday.
- Service of process has to comply with specific local and state requirements.
What Happens If a Process Server Cannot Locate the Respondent?
If a process server cannot locate your spouse, you must ensure that they have exercised due diligence before you move forward. What this means is that you cannot just decide to tell the court that your spouse is either missing or evading the service of process after just one attempt. The process server should explore all possibilities as to where your spouse could be, and all theories should be acted upon to complete the service of the process.
Citation by Publication
This may be the only way to move forward with a divorce if the respondent is missing or evading the process. Citation by publication requires the notification of your spouse of a pending divorce in a newspaper. However, proceeding under such circumstances often does not conclude as typical divorces do.
Conclusion
If you are worried that you could not get a divorce because your spouse cannot be located, don’t be. As you have learned from this post, you can indeed file for divorce whether or not your spouse is present. The best way to ensure that things are done correctly is to seek the help of a seasoned divorce lawyer who can help you navigate the complexities of divorce.
Dorsey Law JAX offers the legal services of highly experienced Jacksonville attorneys specializing in family law, among others. Schedule a legal consultation today to find out what your next step should be!
January 27, 2023
Alimony is a type of court-ordered financial support given to a party after a divorce in Florida. Permanent alimony is a form of alimony in which a court orders one spouse to pay money to the other spouse for an indefinite amount of time. It is typically seen when one spouse has been financially dependent on the other for a significant time.
In the state of Florida, permanent alimony is ordered when a court finds that the spouse seeking alimony lacks the financial means to meet their needs and that the other spouse can pay. The court may consider whether one spouse has a history of domestic violence, which could influence the court’s decision. The court also has the discretion to modify or terminate the alimony if either spouse’s circumstances change. There are also specified events, such as the death of either spouse or the recipient’s remarriage, that may lead to the termination of alimony.
Understanding Permanent Alimony
In Florida, permanent alimony is a complex and vital area of family law. It is essential to understand the factors the court considers when making a decision on permanent alimony, as well as the impact that certain events may have on the alimony. Knowing this information can help both spouses make informed decisions and ensure that their rights are protected.
When deciding whether to grant permanent alimony, Florida courts take into account not only the duration of the marriage and if one party needs permanent alimony but also the ability of the party to provide that type of alimony.
Long Duration Marriages
In Florida, if two people have been married for 17 years or longer, the court may assume that it is a long-term marriage, which may make the awarding of permanent alimony more likely. However, the court can still decide that permanent alimony is not appropriate in some instances.
The purpose of permanent alimony is to provide a spouse with financial support for an extended period after the divorce. This type of alimony is usually only awarded in marriages that have lasted for a long time and where one spouse has a much higher income than the other. When the marriage is short-term, a court will usually not award permanent alimony because the need for long-term financial support does not exist.
In addition, a court will also consider the other types of alimony available when determining if permanent alimony is an appropriate option. For example, if a court believes that the spouse in need of financial support can be adequately supported through rehabilitative alimony or lump-sum alimony, they may opt to award one of these forms of alimony instead of permanent alimony.
Final Thoughts
Permanent alimony is a form of financial support paid by one spouse to the other in a Florida divorce. Its purpose is to provide financial assistance to an individual who does not have the same earning potential as their former partner did during the marriage. Permanent alimony is usually awarded when one spouse has been dependent on the other for an extended period.
The amount of alimony is based on various factors, including the length of the marriage, the couple’s standard of living, and each spouse’s income. The courts may also consider the earning capacity of each spouse, the age of each party, and the health of each spouse. Permanent alimony can last for a particular time, such as five or ten years or an indefinite period.
If you need the help of a family lawyer, turn to Dorsey Law JAX. We are the top Jacksonville attorneys specializing in family law, criminal law, and personal injury. Contact us.
