What information will a Clearwater Florida attorney provide regarding divorce and child custody actions?
Divorce is a major life change with multiple components that are not always in the control of one divorcing party. It is wise to consult with an experienced family law attorney who can address questions regarding hurdles that may arise including negative impacts to finances, property division, and matters involving children. They may provide divorcing parties a timeline for a quick and painless resolution to this life event.
DIVORCE IN CLEARWATER FLORIDA.
Clearwater divorce petitions are filed in the Sixth Judicial Circuit Court in a State of Florida “no-fault” action where it is only necessary for one party to say the marriage is “irretrievably broken” without placing blame. To proceed with a Clearwater Florida no-fault divorce, at least one party to the action must be a resident of Florida for six months prior to the divorce and file the paperwork in the county of residency.
Divorce action types in Pinellas County, 6th Judicial Circuit include:
- Simplified dissolution of marriage – The divorce can happen on the same day if both parties agree that the marriage cannot be saved, at least one of the parties has been a resident of Pinellas County for six months, property division and financial obligations have been handled, there are no minor children or a pending pregnancy from the marriage, no alimony is sought after, and both parties are giving up the right to a trial, or appeal on the matter.
- Dissolution of marriage with dependent children – A parent education and family stabilization course must be attended by divorcing parties with certification filed in court, the marriage must be irretrievably broken, and there must be a child, or a pending pregnancy resulting from the marriage, and one of the parties must be a resident of Pinellas County for six months.
- Dissolution of marriage with no children – Both parties have marital assets and liabilities but there are no minor children or a pending pregnancy, and one of the parties must be a resident of Pinellas County for six months.
- Dissolution of marriage with no children or property – Both parties have no marital assets or liabilities, no minor dependents, or a pending pregnancy, and one of the parties must reside in Pinellas County for six months.
CHILD CUSTODY IN CLEARWATER FLORIDA.
Florida law mandates that no preference will be made to either one of the parents during child custody cases, as both have shared parental responsibility for the children unless there is some concern of harm or unsuitable living circumstances when the courts rule otherwise. Legal battles involving child custody are best addressed with an experienced family law attorney as the outcomes can be devastating for parents and children alike.
- Physical custody – custody that is in the best interests of the child taking into consideration a multitude of factors such as age, parental preference, mental and physical health of parents, child’s community, school, and the home environment; the parental history of violence; Relationship with child and moral standing.
- Parental plan – a schedule to be decided upon in advance when shared custody is agreed upon and ordered by the court. A visitation schedule is usually suggested by both parents, agreed upon, and ordered by the court to address the parental visitation formalities. This visitation schedule is often made a formal part of the settlement agreement.
- Marital settlement agreement – a formal agreement between the divorcing parties spelling out agreed-upon terms regarding finances, dependent care, shared visitation, and expenses incurred over child support obligations for dependents.
SHARED PARENTING IN CLEARWATER FLORIDA.
When parents share custody of a child, whether they are unmarried, or pending divorce action in the State of Florida, decisions must be made as to when and how the children will be afforded time with each of them. Custody actions could cause disruptions to the stability of the children through changes to their:
- daily routine,
- living space(s),
- emotional health,
- vacation schedules and
- extracurricular activities.
CLEARWATER FLORIDA PARENT EDUCATION AND FAMILY STABILIZATION.
The courts encourage an amicable timesharing schedule between parents, so children have frequent and continuous contact with each parent, independently of the other. A parent education and family stabilization course must be attended by both parties of the marriage before a divorce can be finalized. The purpose of the course is to educate each parent on positive behaviors and actions that will facilitate the children’s unbiased outlook of each one of their parents while reducing the possibility of negative discussions in the absence of one parent over the other.
CLEARWATER FLORIDA LAWS.
The timesharing schedule will be decided by the court in the best interests of the children, not either of the parents when parents cannot come to an agreement on their own. An experienced attorney can assist parents to “work together” so they do not damage the livelihood of their children.
FINANCIAL MATTERS IN CLEARWATER FLORIDA.
- Alimony in Clearwater Florida – financial support to a divorced party from their former spouse, usually the main financial provider of the marriage, made under the order of the court with the purpose of maintaining stability for the non-working spouse.
- Child support in Clearwater Florida – financial support based on each parties’ income; childcare and insurance costs for the dependents, and how many overnights each parent spends with the child. Child Support Guidelines in Clearwater Florida must be completed by both parties and attached to a final agreement.
- Distribution of marital assets/liabilities in Clearwater Florida – distributing the assets and liabilities between the parties to the divorce as directed by the court.
- Emergency support in Clearwater Florida – financial support sought after for a separated party before the divorce can be finalized and spousal/child support mandated by the court in the divorce action.
SETTLEMENT AGREEMENTS IN CLEARWATER FLORIDA.
Divorcing parties can often address all facets of their unique divorce action through a formal settlement agreement, drafted with the assistance of an experienced family law attorney. Consult Yeazell & Sweet in Clearwater to diffuse the emotional, financial, and family upheaval often associated with divorce actions in Clearwater Florida.
The Law Offices of Yeazell & Sweet
76 4th N #2214
Clearwater, FL 33701