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How does contested divorce work in Florida?

Let's talk about how contested divorce works. If you want a divorce and you're not sure whether or not your spouse wants one and you're not able to agree ahead of time, then whoever wants the divorce is what we call the petitioner and they file a petition for dissolution of marriage. Often times, along with the petition we will prepare a financial affidavit and file it with the petition. The petition gets served on the other spouse. Once the spouse is served, they have twenty days to respond to the petition. Once the response is filed then everybody knows...

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Marital Assets and Marital Debt

In Florida, for the most part, all marital assets and marital debts are divided 50/50, no matter who's name the asset or the debt may be in. If you accumulated an asset during the course of the marriage, as a result of efforts expended during the marriage then that asset is in all likelihood going to be marital even if it's only in your name and you'll have to divide it 50/50 with your spouse. Similarly, with marital debts. If a debt was accumulated during the marriage, it doesn't matter whose name it is in, it is likely to be...

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Student Loan Debt & Divorce – A Tough Pill to Swallow

In any divorce, dividing the marital assets and liabilities is often a surprisingly difficult task for the parties. Valuing assets and recalling whether assets or liabilities were incurred during the course of the marriage takes its toll on any divorcing couple. Student loan debt is often one of the more contentious topics when it comes to equitable distribution. Although one party may have benefited from the debt by obtaining a degree or taking courses, the benefit is not to be considered by the court when calculating equitable distribution. As a general proposition, student loan debt incurred during the marriage is...

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How Does a Court Determine Child Custody or Timesharing

Many people believe that because they have spent more time with a child or have been the primary caretaker of a child that they will be granted more timesharing. This is not the case under Florida law. Florida statute section 61.13(2)(c) requires parenting plans and time-sharing plans be determined in accordance with the “best interests of the child.” Fla. Stat. § 61.13(2)(c) (2014). Under Florida Statute section 61.13(3), the best interests of the child or children are determined by evaluating twenty factors. See Fla. Stat §61.13(3) (2014). These 20 factors are outlined below for your reference. The law is clear...

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DeWitt Law Firm, P.A.
Business Address:37 North Orange Avenue, #840,Orlando,Florida,32801,US |Tel: 407-245-7723 |Email: dewitt@dewittlaw.com.
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