Do You Need a Lawyer to File for Divorce in Florida?

If you're considering getting a divorce in Florida, you may be wondering whether hiring a divorce attorney to guide you through the proceedings is necessary. The straightforward answer is no, you're not obligated to have a lawyer to initiate divorce proceedings. However, it could be beneficial to have one. Let's delve into why! Understanding the Divorce Process in Florida To begin with, we need to understand the process of initiating a divorce in Florida, commonly referred to as "dissolution of marriage." Individuals seeking a divorce in the state are required to complete forms available at the local courthouse. These documents request details...

09 April

0 Comments

Sticky

Can One Attorney Represent Both Parties in a Prenuptial Agreement in Florida?

Posted by DeWitt Law Firm, P.A.

in Florida Law

When you're in love, planning your wedding, and dreaming of a future together, discussing a prenuptial agreement may not feel like the most romantic conversation. Nonetheless, it is an important one. If you're considering whether you and your soon-to-be spouse can streamline the process and costs by having one attorney manage the prenup in Florida for both of you, the answer is simply no. Here's the lowdown on why that is, according to Florida law. Why One Lawyer Can’t Represent Both of You? Conflict of Interest: Florida law emphasizes the importance of avoiding conflicts of interest. Imagine sharing one umbrella during a storm;...

02 April

0 Comments

Sticky

Do Prenuptial Agreements expire in Florida?

Posted by Josh Fowler

in Divorce, Family Law, Prenuptial Agreements

Prenuptial agreements in Florida are meant to be binding and enduring contracts between future spouses, outlining how a couple will handle financial affairs, division of assets, and responsibilities if they separate or one passes away. There's no set expiry date, however a couple can choose to add a "sunset clause." ...

26 March

0 Comments

Sticky

How a Divorce May Affect Your Business? Strategies for Protection!

Posted by Josh Fowler

in Divorce

When going through a divorce, if you own a business, you might feel like you're steering through a storm. Florida's laws add some interesting twists and turns to the process. So, how exactly does a divorce affect your business in the Sunshine State? Read below to know! It's Complicated: Understanding Florida's Equitable Distribution Law First things first, Florida operates under what's called an "equitable distribution" law when it comes to divorce as per the Florida Statutes Section 61.075. This doesn't mean everything is split 50/50. Instead, the court aims to divide assets (and liabilities) fairly and equitably. Now, where does your business...

20 March

0 Comments

Sticky

Easy Guide on How To Serve Divorce Papers in Florida

Posted by DeWitt Law Firm, P.A.

in Divorce

Going through a divorce in Florida requires a careful approach to legal procedures, starting with the serving of divorce papers. This step is important as it officially informs your spouse about the initiation of divorce proceedings or your intent to dissolve the marriage. Florida law outlines specific protocols for this process, which differ based on whether your spouse resides in-state or out-of-state. This comprehensive guide will walk you through both methods, ensuring clarity and compliance with Florida's legal requirements. In-State Service of Divorce Papers Preparing Your Documents Before serving divorce papers, the petitioner (the spouse initiating the divorce) must file a Petition for...

12 March

0 Comments

Sticky

Child Custody in Florida: Decoding the 50/50 Timesharing Presumption

Posted by DeWitt Law Firm, P.A.

in Child Custody, Family Law

In divorce cases, particularly when children are involved, the topic of child custody often arises. Central to child custody is the presumption of 50/50 timesharing in Florida. This blog aims to clarify the concept of the presumption for 50/50 timesharing in Florida, created to start the custody conversation on equal footing for both parents. Equality in Child Custody: 50/50 Timesharing Presumption What does the 50/50 timesharing presumption really mean? Simply, the presumption for 50/50 timesharing serves as a guideline for family courts in Florida, when determining how separated or divorced parents will divide time with their children. The idea is that both parents are assumed...