Divorce & Family Attorney's in Jacksonville

Awarded Martindale - Hubbell "AV" (Highest) Attorney Rating

Phone

904-737-1771

We will provide a very specific client information package tailor-made for you, representing our response to your needs. We are concerned about your emotional-psychological stability and the developing of the coping skills necessary to enhance your life. We are interested in your ability to secure a level of financial security including, but not limited to, support, education, skill, employment plans, and other various forms of rehabilitation, evaluating where you are now, and looking toward where you want to be in the future. We are interested in your parenting and communication skills that will enhance your abilities to maintain a cohesive, healthy relationship with your children.

In this TREECE DIVORCE CLIENT HANDBOOK, we will provide the “gems” of wisdom only years of experience can give you in a way that we hope will help provide peace, safety, and promise to your life. We are concerned about the every-day progress you make while encouraging you to learn and develop techniques and information to enhance your survival and ultimately, bring a new found peace.

In our practice, we utilize a host of good, reliable resources in our community as needed. We encourage you, when necessary, to seek assistance from therapists, family counselors, family doctors, clergy, spiritual advisors, financial advisors, fitness trainers, nutritionists, and much more. We include in our package helpful tips, articles, and updated information on many of the issues you are dealing with now and will be tackling in the future.

WHAT IS THE OFFICE POLICY AND PROCEDURE TO RETAIN TREECE & TREECE AS MY LEGAL COUNSEL?

At TREECE & TREECE, we welcome you to our offices for an initial 30-60 minute consultation to discuss confidentially your specific legal matters. We will answer your questions, explain your legal rights and discuss a strategy to provide a constructive solution to your Divorce Process, your Child Custody Determination, your Financial Exposure. If you retain our office, we apply the consultation fee to your retainer agreement.

DOES TREECE & TREECE OFFER ANY EDUCATIONAL SEMINARS TO AID US IN UNDERSTANDING THE PROCESS AND PROCEDURES OF DIVORCE LAW, CHILD CUSTODY LAW, DIVISION OF ASSETS, PROTECTION OF FUTURE ASSETS, AND OTHER RELATED LEGAL ISSUES?

We offer and personally conduct frequent, very informative Legal Seminars in the comfort of our office, while we relax with a cup of coffee and sweets, to provide a broad over-view of the many legal issues you are confronting during the resolution of your Family Matters for FREE. For your convenience, we generally schedule this forum one night during the week or a Saturday morning. Please refer to our Seminar Page, fill out the form, and email us to reserve your place as soon as possible!

IS THERE A RESIDENCY REQUIREMENT IN THE STATE OF FLORIDA TO FILE FOR A DIVORCE? HOW LONG DO I HAVE TO HAVE LIVED IN FLORIDA TO COMPLY WITH THE LAW?

The laws of the State of Florida require that you have resided (lived) in the state of Florida for a minimum of six consecutive months prior to the filing your Divorce Petition. You must provide the Court with proof of residency. This is usually accomplished by presenting your Florida Driver’s License in Court or utilizing a notarized affidavit from a corroborating witness in Court. You are, however, permitted to move out of Florida after filing Your Divorce, provided you continuously lived in the state for six months prior to filing.

WHAT ARE THE “GROUNDS” FOR DIVORCE IN THE STATE OF FLORIDA?

Florida is a “No-Fault” State, which means that there is no legal requirement to establish Fault (bad conduct on the part of one of the parties). The only requirement to proceed with the Divorce is that one of the spouses states that the marriage is “irretrievably broken”, which means that no counseling or further delay would help the parties repair the damage to their marriage. It is, however, important in our opinion to have made every effort to reconcile your problems with counseling and other efforts prior to filing for Divorce. That being said, the Legal Team at Treece & Treece is well versed at applying this concept of fault in reference to other financial issues.

WE HAVE A LONG TERM MARRIAGE WITH NO MINOR CHILDREN, HOW WILL WE DIVIDE OUR MARITAL ASSETS?

The laws in the State of Florida have recognized the concept of the “Equitable Distribution” and Division of Property. Generally, this refers to a “starting point” in the equal and fair division of property, which, however, may be changed by multiple factors pertaining to the properties. The appropriate division of assets requires a very fact intensive investigation into the types and ownership basis of your property. TREECE & TREECE will provide the guidance you require to protect your rights in determining your property rights.

HOW IS CUSTODY DETERMINED IN THE STATE OF FLORIDA? WE HAVE MINOR CHILDREN.

We no longer have the term “Custody” in the State of Florida. The Courts generally award what is known as “Shared Parental Responsibility” for the child or children unless it can be proven that one of the parents is “unfit”, then the Court can designate “Sole Parental Responsibility”. There are various types of “Shared Parental Responsibility” based upon what the parents can agree to or what is determined to be in “the best interest” of the child or children. TREECE & TREECE will provide you with the legal criteria to protect your Parent’s Rights, both Mother’s Rights and Father’s Rights, and carefully guide you through the resolution of your “Custody” matters.

WHERE DO THE MINOR CHILDREN LIVE?

After the Parental Responsibility is determined, the Parties can agree or the Courts will determine the TimeSharing (previously called Visitation) which represents the time each party will have with the minor child or children. Generally, one parent will be designated as the “Majority TimeSharing Parent”, which is the Parent with whom the minor children will primarily live and the other parent will have the Minority TimeSharing. TREECE & TREECE can guide and protect your interests, your Parent’s Rights, through the many variations of “TimeSharing” which can be utilized to accommodate the needs of the individual families.

VISITATION

What is now known as “TimeSharing” , previously “Visitation”, includes a Child Visitation Guide. These guidelines set out a standard plan for weekend, overnights, and holiday time with each parent. The Florida Supreme Court has established a tool to be utilized by Parents and the Courts to determine these schedules on an individual basis. The Parenting Plan will be incorporated into the Final Judgment of the Parities and any violation of said order is subject to enforcement by contempt.

DO GRANDPARENTS HAVE ANY VISITATION RIGHTS?

Grandparents do not have “standing” in the Florida Courts to establish visitation rights when both of the children’s parents are exercising their “Custody” Determinations, unless the Parents agree to grant the Grandparents Rights in a Court Order. Generally, the Grandparents must share time with the children while the children are with the designated parent who has agreed to allow the TimeShare with the Grandparents during their designated time.

WILL THE COURTS REQUIRE PARENTS TO PAY FOR THE COLLEGE EDUCATION FOR THE CHILDREN?

The State of Florida has no requirement for the Parent to support the Child beyond the age of maturity, eighteen years of age, unless the Child has not graduated from high school. If the Child will graduate before attaining the age of nineteen, the Child Support will continue until the high school graduation provided certain legal criteria are met, otherwise, the Child Support will terminate at eighteen. Therefore, there is no legal obligation for either Parent to provide financial resources for the Children’s college education unless the Party voluntarily agrees and establishes this obligation in a Court Order. It is not enough that the Parent informally agrees to provide financial aid.

HOW DO I QUALIFY FOR ALIMONY?

The receiving or the paying of Alimony is based upon many factors in the State of Florida, including, but not limited to: the standard of living established during the marriage; the length of the marriage; the age and the physical and emotional health of the parties; the financial resources of each party; the earning capacities, educational levels, vocational skills, and employability of the parties; the contributions of each party to the marriage; and other factors. The primary criteria in assessing an award of alimony is the establishment of the need of the spouse making the lesser income and the ability of the more financially stable spouse to provide support. There are various forms of Alimony in Florida, which can be allocated depending on the particular facts and circumstances of the Parties.

WHAT ARE MY HEALTH CARE OPTIONS WHEN I AM DIVORCED?

Upon the entering of the final judgment of Divorce, a spouse who is dependent upon the health insurance coverage through his or her spouse will lose the insurance eligibility. In many cases, the dependent spouse may be eligible to receive COBRA benefits, which would allow the party to pay a specific premium for extended coverage for a period of time up to thirty-six months and provide the same benefits enjoyed during the marriage.

DO I HAVE TO LEAVE MY HOME?

Generally, neither party is required to leave the marital home during the Divorce proceeding unless one part is removed by Court Order as a result of violence or by agreement of the parties. In such a case, the Courts can award the temporary use and occupancy of the marital residence to one party. Upon the Dissolution of the marriage, the use and occupancy can be awarded to one party for a certain period of time or the home can be sold by Order of the Court.

AM I ALLOWED TO REPRESENT MY SELF IN THE MEDIATION AND DIVORCE PROCEEDINGS?

Yes, you must certainly can; but you would have a fool for a client! It is our recommendation that you never attempt to navigate the potentially treacherous waters of Divorce or Mediation without the guidance of a very experienced and knowledgable attorney to protect your legal interests.

CAN I ASK FOR A CONTRIBUTION TOWARDS ATTORNEY FEES FROM MY SPOUSE?

The Florida Statutes provide for the Courts to award a contribution toward attorney fees from the spouse who has a significantly greater ability to pay than the spouse with no income or a lower income. The Court has the authority to award fees on both a temporary and final basis depending upon the needs of the parties.

HOW MUCH DOES A DIVORCE ACTION COST?

Currently, the basic filing fee for a Dissolution of Marriage in Duval County, Florida is $ 409.00, with the additional charge of approximately $25.00 to $30.00 for service of process.

After evaluating your case during the initial consultation with TREECE & TREECE, we assess the fees, including the retainer and further costs that we think is applicable to the resolution of your case. We discuss this with you at this time and put our agreement in writing in order that you are fully assessed at all times regarding your fees.

HOW DOES THE COURT HANDLE OUR DEBT?

Generally, the Court distributes on a fair and equitable basis the debt incurred during the marriage for the purpose of the marital and family relationship. The Courts have the authority to consider the allocation of debts in relation to the allocation and distribution of assets depending upon the relative resources and ability for each spouse to contribute to the payment of debt.

To meet your needs, we have to know the specific details of your debt portfolio and that of your spouse. After studying this information, TREECE & TREECE, will walk you through the various options that apply to your case. take out the rest.

The Family Law Firm of Treece and Treece

4465 Baymeadows Road Suite 2

Jacksonville Florida 32217

904-737-1771

Topic: Divorce & Family law FAQ


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