DIVORCE – DISSOLUTION OF MARRIAGE
Florida is a no-fault state, meaning neither spouse is blamed for the breakup. All that is required to obtain a divorce in Florida is to prove (1) the marriage is valid, (2) one of the parties has been a Florida resident for six months, and (3) the marriage is irretrievably broken.
Throughout your representation, Attorney Lance J. Wogalter will explain to you about the process of divorce. Among many important matters he will discuss financial disclosure, child time-sharing, property distribution and post divorce.
When you get married, you never plan or expect to get divorced. That is only part of what makes divorce so difficult. Other factors are children, money, pride and/or religion. Once you have made the decision to get divorced, you want an attorney who will help you understand your legal rights and options to help you through this stressful and overwhelming period of your life. Contact attorney Lance J. Wogalter today to help you through this very difficult time in your life.
In the State of Florida, a child does not have a legal father if the mother is not married when the child is born. If an acknowledgment of Paternity is not signed by both parents in the hospital at the time a child is born, or the father’s name is not identified on the birth certificate provided by the Florida center for Vital Statistics, then paternity has not officially been established. As such, legal paternity has to be established for the child.
There is no shame having a child out of wedlock. It is more important for fathers and children to have a chance to establish a relationship through time sharing, and to ensure that a child be supported by both parents once they have both been legally identified. Contact attorney Lance J. Wogalter today to assist you in establishing paternity.
TIME SHARING AND PARENTING PLANS
Being a parent is one of the most significant and very special roles parents will have in their entire lives. Just because parents are divorcing each other, that does not mean that the parents are divorcing the children. You have a right to be there for your child and your child deserves to have you there…..that is in your childs best interests.
Time sharing is a schedule created to give a particular parent legal guardian status, residency, and caretaking responsibilities of the child. Deciding where a child will reside and who will make important decisions for the child is important for your role as a parent. Shared time with each parent is in the best interest of the child. Contact attorney Lance J. Wogalter to discuss your time sharing rights and options.
What is Child Support?
Child Support is the financial obligation of both parents for the care support and well being of the minor child(ren). The amount of Child Support is calculated using the net income of both parents and the amount of time (overnights) each parent spends with the child(ren). Expenses such as daycare, health insurance and un-reimbursed medical expenses are also used to calculate Child Support.
As the laws in State of Florida focus on the best interest of the minor child(ren), enforcement of Child Support is taken very seriously. In fact, non-payment or delinquency may result in contempt fines, the suspension of driver’s license or a county jail sentence. Under certain circumstances, the amount of Child Support can be modified if there is a substantial change in financial circumstances that warrant it. When you Contact attorney Lance J. Wogalter, he can explain your rights and options as it relates to Child Support.
All of us acquire things before we get married (premarital assets) and after we get married (marital assets). Some of these items have more importance to us than others. One of the many hardships of getting divorced is losing the very things that we cherish. That is also what makes divorce so complicated.
What is Equitable Distribution? Florida is an “equitable distribution” state, which means the Courts try to divide marital property in an equitable way. Equitable does not mean equal…..it means fair. And what one party to a divorce considers fair may be very different from the viewpoint of the other divorcing party. The emotions are equally high when discussing the distribution of marital debts. That is why mediation is often used to resolve these emotionally charged issues.
What factors are considered by Florida Courts with property distribution?
- The duration of the marriage
- The economic circumstances of the parties
- The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker
- Any interruption of the of personal careers or educational opportunities of either party
- The contribution of one spouse to the personal career or educational opportunity of the other spouse
- The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party
- The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties
- The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction (In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home)
- The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition
To schedule an appointment, contact attorney Lance J. Wogalter at his Boca Raton or West Palm Beach law firm today.