Tag Archive for: florida divorce

Tampa Court Publishes Requirements for Divorce

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In an effort to make the process for divorce clearer to litigants in Hillsborough County, the Thirteenth Judicial Circuit has published the following Requirements for Dissolution of Marriage:

1.  PROOF OF RESIDENCY. 6 months prior to filing Petition. May be proved by drivers license, voter I.D., Affidavit of Corroborating Witness; or testimony of witness. Section 61.052(2), Fla. Stat.

2.  U.C.C.J.E.A. If any minor child or children born as a result of the marriage. Section 61.501 -61.542, Fla. Stat. (2002)

3.  FINANCIAL AFFIDAVITS for each spouse, Rule 12.285(d)(1), Family Law Rules. (This requirement may not be waived if there are financial issues.) Under $50K/Yr. – Over $50K/Yr.

4.  COMPLETED CHILD SUPPORT GUIDELINES WORKSHEET, if there are minor children. Family Law Rules Form 12.902(e).

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Florida Support Unconnected With Divorce

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Section 61.09 of the Florida Statutes allows a spouse to request alimony (also referred to as “separate maintenance” or “spousal support”) and/or child support without asking for divorce.

There are various reasons why a spouse may file a case for support without asking for a divorce:

  • Florida does not recognize the status of “legal separation,” so this process allows a spouse to have a trial period apart without having to make a decision regarding divorce;
  • A party may not want a divorce because of religious beliefs;
  • A spouse may not want to go through a divorce while his or her children are still under the age of 18 or living in the home; or
  • A person may not have met the six month residency requirement to file for divorce (Florida requires that at least one party to a divorce reside in the state for at least six months prior to the filing of divorce; a proceeding for support unconnected to divorce has no such residency requirement).

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Florida Divorce – Time to Respond to a Petition

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It is important for every person who is served with a Florida petition for dissolution of marriage to respond to the petition in a timely manner.

The petition, which sets out what a person wants a judge to do (such as dissolve the marriage, rule on custody, order child support, and divide marital property and debt), is generally personally served by a sheriff’s deputy or other authorized process server.  Once served, the respondent has 20 days to provide an answer to the petition and agree or disagree with the petitioner’s requests and allegations.

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Video: The Smart Divorce

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Divorce consultant Deborah Moskovitch discusses her high-conflict divorce and the lessons she learned in the following video from Family Matters:

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Interfaith Marriage and Divorce

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According to USA Today, a 2001 American Religious Identification Survey found that divorce is three times more likely in interfaith marriage than from those marriages where each partner is from the same faith. Here are some other findings from the 2001 survey:

  • 22% of U.S. homes had at least two people from two different faiths in the household;
  • 28.4 million Americans are living in interfaith households;

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What is a Florida Parenting Plan?

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For every Florida divorce case in which child custody issues are being decided, the judge must enter a parenting plan.

A parenting plan is a document that sets out parents’ rights and responsibilities towards their children.  The parenting plan will explain each parent’s right to make major decisions concerning the children (such as education or medical decisions).  The parenting plan will also flesh out each parent’s right to spend time with the children and detail which specific days the children will sleep overnight at each parent’s home.

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Florida Clerks of the Court Face Budget Cuts

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Florida clerks of the court, like other government agencies, are facing severe budget cuts. Statewide, Clerks of the Court budgets are being slashed by $31 million.  Locally, the Pasco clerk is facing a $825,000 million budge cut, while the Hillsborough clerk is trying to find a way to cope with a haircut in the order of $2 million.

As a result, you can expect a slowdown in the services provided by an already overwhelmed clerk, including the processing of divorce and other family law matters.

The Pasco clerk has published the following notice on its website:

Plasco Clerk Cuts Customer Service Hours

If you have questions regarding Florida divorce and you wish to schedule a consultation with a Tampa Bay family law attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or via our online consultation form.