West Palm Beach Divorce Lawyer

West Palm Beach Divorce Attorney

A West Palm Beach divorce lawyer may be a needed resource if you are expecting to go through a divorce in Florida. As a Florida resident, it is important that you are aware of your legal rights and options regarding divorce. A lawyer can help you understand your options and can prepare a strong legal strategy tailored specifically to you. It is also important that you protect the assets you have worked so hard to accumulate, and a lawyer can help you do that.

The Divorce Process in West Palm Beach, FL

The process for filing for divorce in Florida usually involves several important steps. These steps can vary based on the specific details of each case, but the general outline is as follows:

• Filing the divorce petition. One spouse initiates the process by filing a petition with the circuit court within the county in which they reside. This spouse is known as the petitioner. Within the petition will be the reasons for the divorce and any requests for child support, child custody, property division, or alimony.
• Serving. Once the petition has been filed, the petitioner must be sure the other spouse is served a copy and a summons. This notifies them of the divorce proceeding. Service can typically be executed by a county sheriff or third party.
• Response. The receiving spouse has a certain time frame to respond once they are served. The respondent can either accept, deny, or counter the claims within the petition. If accepted, the spouses can proceed with creating a divorce agreement.
• Discovery. If spouses do not agree, they may proceed through the divorce process through the court. During discovery, spouses can share important information such as evidence of income, financial records, property valuations, and any other documentation.
• Mediation. Many divorce courts in Florida order spouses to attend some form of mediation. This is where spouses can come together in an attempt to resolve disputed issues before trial. A third-party mediator facilitates the discussion and guides spouses toward an amicable solution.
• Negotiation. Spouses negotiate throughout the entire divorce process. If an agreement is reached, a written settlement agreement can be created with the help of an attorney and submitted before the court for review.
• Trial. If the case proceeds to trial, the court will hear all available arguments and evidence from each side.
• Judgment. After resolving all the issues through trial or settlement, a final judgment can be issued. This will come from the court, which will formally terminate the marriage. It should also address all issues related to the divorce, such as alimony, child support, etc.
• Post-divorce. After the divorce has been finalized, both spouses are expected to follow the terms of this final judgment. Additional steps may need to be taken to transfer property titles, modify custody or support arrangements, or update beneficiary designations if necessary. An experienced attorney can assist you with these items.

Marital Property vs Separate Property

In divorces, it is critical to classify marital property from separate property. When it comes to highly valuable assets, it is not uncommon for spouses to fight hard to get or keep them. Unless there is an established prenuptial agreement, marital property will include any property, assets, or debts accumulated during the marriage. This property is subject to equal division among both spouses.

Marital property could be income, benefits, stocks, bonds, retirement accounts, real estate, or other personal property.

Separate property is any property owned individually by one spouse separate from the marriage. This can be property that was acquired before the marriage, gifted to the spouse individually during the marriage, or inherited. Any income or assets that derive from it are also considered separate property. Note that for separate property to maintain its separate status, it must not be intermingled with marital property.

Can Separate Property Turn Into Marital Property?

Separate property can indeed become marital property. This is usually done either intentionally or unintentionally. It is important to understand the difference.

• Spouses can agree to intentionally convert their separate property into marital property. This can be done through a postnuptial agreement. This is a formal process that ensures assets are equitably distributed in the event of divorce.
• An unintentional change from separate property to marital property occurs when assets are commingled. This happens when properties get mixed together. The most common example of this is when spouses go from separate bank accounts to one joint account.

Another common example is when spouses move into a home together. If one spouse owned the home before the marriage, it was separate property. When both spouses begin living in the home and contributing to the payments on the house, it becomes marital property.

A divorce lawyer can be a great resource to help you better understand how marital and separate property works in Florida divorces. Remember, if any marital property is used to increase the value of separate property, that separate property is at risk of becoming marital property. It is generally a good idea to keep marital property completely separate from separate property.

Modifying a Divorce Agreement in Florida

Divorce agreements can be modified in Florida under the right circumstances. Modifications usually require two things: mutual consent from both spouses and approval from the court. However, there are cases where spouses do not agree but one spouse can file a petition for modification with the court and they may be granted it. The modification petition must be in writing and it should outline the request modifications.

A modification request can be filed in the same county where the divorce was finalized. A qualified lawyer can assist you with the filing process. There are a few things you can do to increase your chances of a successful modification. Number one is to prioritize an amicable resolution with your spouse. You should keep a record of your attempts to resolve the dispute you are having.

Second, you should avoid rushing to court for approval. If you can demonstrate to the court that you made every attempt to rectify the situation before going to court, that can look favorably on your case. The third thing you can do is to keep a record of all violations made by your spouse. This can be used to support your case for a modification.

When a Modification Is Necessary

For a modification to be necessary, there would have to be a change in circumstances significant enough to warrant it. This change must be proven and demonstrated before the court. Some examples of possible changes in circumstances include:

• A loss of a job or an increase in income for either spouse.
• A change in the financial needs of either spouse. This could be an unexpected medical emergency or loss of financial support.
• Discover any new information that wasn’t previously known during the divorce proceeding.
• Any instances of domestic abuse or concerns with one spouse’s safety.

Other Issues in Divorce

A divorce is a serious legal consequence that doesn’t just affect the spouses. It can affect other family members too, especially children. Because of this, spouses will need to sort out various issues during the divorce proceeding.

• One of the issues to be sorted out is alimony. Alimony may be awarded to either spouse depending on the specific factors of the divorce case. The standard of living for each spouse, the length of marriage, the financial capacity, and the earning potential of each spouse will be considered by the court.
• Property division. Marital property is subject to division in divorce.
• Child support and custody. If children are involved, it adds another layer of complexity to the case. The court will always rule in favor of what is in the best interest of the children when awarding custody. The court expects each parent to financially contribute to the well-being of the children in some capacity.

How a West Palm Beach Divorce Lawyer Can Help

A divorce lawyer in West Palm can help you in several ways. Divorce can be an emotionally draining and complex process. It is common for emotions to take over, and a lawyer can be the voice of reason and a trusted ally who is looking out for your interests. A lawyer can help:

• Identify and value your assets and determine which ones may be subject to distribution. A lawyer can identify which assets your spouse is likely to go after and can prepare counterarguments against their claims.
• Protect your separate assets and estate.
• Negotiate a fair settlement amount.
• Ensure your rights are protected, and your values are looked out for. A lawyer can review every legal document before you sign it to ensure its enforceability.

A lawyer can also help ensure all legal documentation and deadlines are met on time. Florida courts can have strict legal requirements that must be met. Without a lawyer on your side, you may miss a deadline or incorrectly file the legal paperwork.

FAQs About West Palm, FL Beach Divorce Laws

What Is the Average Cost of a Divorce Lawyer in Florida?

The average cost of a divorce lawyer in Florida depends on the complexity of the divorce case. Factors that will influence the total costs are the amount of marital property and debts owed, the number of children under the age of 18, the amount of alimony support being sought, and if you and your spouse are in agreement regarding issues such as child support, child custody, property division, etc. You should also consider the location and experience level of the divorce attorney.

How Is Marital Property Divided in a Florida Divorce?

Marital property in a Florida divorce is divided fairly, but this does not mean it is always necessarily equal. Of the many things the court will consider, the length of the marriage, the financial situation of each spouse, and contributions made to the marriage will be the most important. The court will determine how the property should be divided, and the decision can vary from case to case. It is not always 50-50. An experienced family lawyer can help you prepare for possible outcomes.

What Happens If You Cannot Agree on a Divorce Settlement?

If you cannot agree on a divorce settlement, your case will likely proceed to court and be subject to a ruling by a judge. This process can be time-consuming and expensive. It can also take a mental and emotional toll on you and your family, but it may be necessary for you to get the fair settlement you deserve. If one spouse refuses to sign the final divorce decree, a motion to sign may be filed to allow the court to finalize the divorce.

Can I Get a Divorce Without My Spouse in Florida?

Yes, it is possible to get a divorce without your spouse in Florida. Florida is a no-fault divorce state, which means that spouses do not need to prove that there is a fault in the divorce. You can petition the court to grant a divorce simply because the marriage is irretrievably broken. If your spouse does not respond or fails to provide an answer in time, a default judgment could be entered in your favor. In this case, your spouse’s signature is not needed.

Do You Need a Lawyer for a Divorce in Florida?

You are not legally required to have a lawyer for a divorce in Florida. However, it is highly recommended that you have one. A lawyer can help you avoid any legal mistakes that you otherwise wouldn’t recognize. A divorce agreement is a legally binding document, and it can be difficult to amend, so it is important that you fully understand the legal ramifications and consequences before signing. You should have an attorney review everything before you sign it.

Contact a Skilled West Palm Beach Divorce Law Firm

The legal team at Fairway Law Group is ready and able to support you during your divorce proceedings. Some divorces involve a substantial amount of assets, and legal responsibilities are heightened. You need a qualified legal team with the requisite experience dealing with Florida divorces. With our team on your side, you can rest assured that you are getting the proper legal advice you need. Contact us today to see how we can help you.