Whenever there is a divorce, most likely, women hardly ever consider joint custody, just because they now hate the person that they used to love. So, why does the child have to be punished with the dispute of winning child custody between both parties?
The reason is simple and clear. If both parties understood child custody laws, arguments over it wouldn’t be an issue, because it will be much easier to react quickly throughout the process and know the necessary steps to take.
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What is Dissolution of Marriage?
As a certified Supreme Court family law mediator and experienced expert in matters of divorce, I have found it has become more and more common where couples are seeking to file papers outside of court. According to recently published figures by the Palm Beach County Clerks office, there has never been a time when so many couples were filing papers for their own divorce and doing the paperwork without using lawyers.
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If children are involved in your divorce in Florida you are probably concerned about child custody and visitation. The State of Florida has one overriding factor in child custody issues: What are the best interests of the children? This should also be the main concern of the parents. Divorce in Florida can be a traumatic experience for children and every effort should be made to reduce the emotional effect on them. You may be getting a divorce from your spouse but you will always be a parent.
In 2008 Florida divorce laws were changed drastically regarding child custody. The terms custody, visitation, primary residential parent and secondary residential parent were replaced by shared parental responsibility, time sharing and parenting plans. The courts were overwhelmed by parents fighting to be designated the primary residential parent. Florida divorce laws now encourage equal responsibility for all decisions that need to be made in a child’s life.
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The Florida child relocation law requires a custodial parent who wants to move a child more than 50 miles notify the non-custodial parent of a proposed relocation by sending a Notice of Intent to Relocate.
Your Notice of Intent to Relocate must be sent to the other parent before you move. The Notice is a specific form and must include:
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The most distinct difference between separation and divorce is that a divorce legally and permanently terminates the marriage. Once the divorce is final (and subject to any waiting periods establish by the laws of your state), both parties are free to remarry someone else without any repercussions.
A separation, on the other hand, does not terminate the marriage and does not give the parties the right to remarry without first getting a divorce.
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Divorce cases generate many questions about alimony. Today we talk about the types of alimony available in Florida. Alimony is based primarily on the need of the receiving spouse and the ability of the other spouse to pay.
Temporary Alimony is payable while the divorce case pending. This type of alimony cannot be waived, even in a prenuptial agreement because it is based on the legal duty to support your spouse. It ends at final judgment.
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If you are a parent about to get a divorce, Florida’s Child Support Guidelines take the mystery out of “how” child support is calculated. What follows is a simplified explanation meant as an overview and not an exhaustive treatment on calculating child support; it may provide you a starting point in becoming informed about the issue.
Child support in Florida is established in Section 61.30, of the Florida Statutes. The Statute provides a framework, or Guidelines, to determine the financial obligation each parent has to their child or children. First, it provides a formula for arriving at your gross income by providing a list of what income will be taken into account. It also provides a list of acceptable deductions from that income. The result is your net income for purposes of child support. The calculation is performed on both parents’ income.
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Parties wishing to resolve their divorce without family litigation can take advantage of family mediation. Divorce mediation can take place before you file in family court or after you’ve done so in a case where the parties will be representing themselves.
Mediation is less formal than a court proceeding. The process itself is meant to give you control of the outcome. This means that a mediator, regardless of his or her professional background (lawyer, retired judge, etc) cannot make decisions for you nor can they give you legal advice on any issue.
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The Florida legislature recently enacted laws that abolished the concept of “primary” and “secondary” child custody as well as “visitation.” The court system was overwhelmed with parents who were fighting not only about at whose home the minor would spend most of his time, but also over who should have the title of primary custodian. Many believed that, if they were deemed the “secondary” custodian, then they were also a second-class parent. Further, many parties resented that they had to “visit” the child rather than live with or spend time with their kin. In an effort to help parents avoid fighting over semantics, the Florida legislature adopted the concept of “time-sharing” to replace the old regime of awarding custody to one parent or the other.
The Florida Legislature also modified and expanded the factors that courts must consider when making a determination on the issue of time-sharing. The overriding concern remains the best interests of the child. There are now twenty factors for consideration, some of which are highlighted below:
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Divorce rate has come down in the US as a whole in recent years but of late Florida has the highest rate among all the states. There are approximately 10 marriages and 5 divorces per 1000 residents in Florida. As a populous state of almost 20-million strong, these records build up quickly and there’s every chance that your next eligible acquaintance comes with a divorce history. But no sweat, it’s easy to check Florida Divorce Records.
The Florida Department of Health in Jacksonville, Florida maintains more than 20 million vital records comprising Divorce, Marriage, Death and Birth Records in its Vital Statistics Unit. The divorce (Dissolution of Marriage) records date from June 6 1927 to the present. Fee for a report is $5 and $4 for each subsequent certification of the same report. They are indexed under the husband’s name only and if there are multiple divorces by the individual, they will all show up as long as they occurred within Florida.
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