When you are faced with divorce, an attorney who has regularly advised and represented clients in matters of child custody, property division and alimony can help you to achieve a cost-effective and timely resolution. To learn more about our legal services, contact our firm to schedule a consultation and case evaluation.
Experienced Property Division Attorneys in Pinellas County
At the Law Offices of Gale H. Moore, P.A., in Largo, Florida, we provide caring and compassionate service for family law matters in Pinellas County, including divorce and the division of property. Couples with a significant amount of marital property may have a variety of legal issues to resolve during the divorce process and attorney Gale Moore can answer your questions about the division of non-community property.
Whether you are contemplating divorce and want to be prepared for issues regarding non-community property in Florida or you are already involved in a divorce and need assistance, talk with an experienced lawyer at our firm and get the answers you deserve.
You may also learn more about non-community property division by reading through the information presented below. Contact our firm by calling 727-475-4284 or toll free at 888-463-5651.
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Attorney Gale H. Moore has practiced law in the state of Florida since 1993 and has built a strong reputation for getting the results her clients deserve. You can depend upon our experience — as well as our caring and compassionate service — to help you achieve your goals.
Contact us at the Law Offices of Gale H. Moore, P.A., in Largo, Florida. If you have questions about the division of non-community property or other issues surrounding your divorce, including child custody and support, call our firm to schedule an initial consultation at 727-475-4284 or toll free at 888-463-5651.
Divorce Overview - The Basics
Contemplating divorce is difficult. Whether or not you are sure you want to end your marriage, it helps to learn the basics of divorce law. Should you conclude that divorce is necessary, it is important to seek the assistance of an experienced family law attorney at Law Offices of Gale H. Moore, P.A. in Largo, Florida.
Grounds for Divorce
A divorce is a judicial decree by which a valid marriage is dissolved. From a legal standpoint, the divorce process will divide the couple’s assets and debts; determine the future care and custody of their children; and give each person the legal right to marry someone else.
Every state has some form of "no-fault divorce," but the laws vary a great deal from state to state. Generally, a divorce will be granted if one spouse states that the marriage has irretrievably broken down or the couple has irreconcilable differences. (Other residency and filing requirements must also be met.) This is different from the past, when only "fault divorces" were available. In a fault divorce, one spouse must allege a martial wrong like adultery or abuse in order to receive a divorce.
In some states, both fault and no-fault divorces are available. An experienced family law attorney can help you determine whether and how to pursue divorce.
Resolving Issues During Divorce
Before a divorce may be granted, five basic issues typically must be resolved. They are:
- Alimony/spousal support
- Property and debt division
- Child custody
- Visitation/parenting time
- Child support
If the spouses can reach agreement on these issues, then the divorce is uncontested. If, however, the spouses cannot agree, the divorce is contested. The spouses may go to trial to resolve the issues. This usually means that a family court judge will make the final decisions. Alternatives to going to court include mediation, arbitration and collaborative divorce. Some courts may even order the spouses to attempt to resolve their differences through alternative dispute resolution:
- Mediation. Mediation is an alternative to litigation that can be less expensive and less stressful for divorcing couples and their children. In the mediation process, the couple works with a trained mediator to reach agreement on contested issues.
- Arbitration. Arbitration is more like court than mediation, but it can still be quicker and less expensive. Instead of using a judge to decide the outcome, the parties agree to use an arbitrator. Each spouse will have a separate attorney who will represent each spouse’s interests.
- Collaborative Divorce. Collaborative law is a relatively new divorce process that requires an up-front commitment to resolving disputes by negotiation, compromise and agreement. If either side decides to go to court, both attorneys are disqualified from representing their clients in the courtroom. The spouses find new attorneys and go to court.
Alimony, Spousal Support and Maintenance
Alimony (also called spousal support or maintenance) is financial support that one spouse pays to another. The alimony can come in a lump sum, over a limited period of time or indefinitely. Because the laws vary from state to state, it is best to consult an attorney with questions about alimony. Factors that the court may consider in determining alimony include the length of the marriage and the ability of each spouse to earn a living.
Division of Property in Non-Community Property States
Courts in states that use the non-community property system typically make an equitable division of property between the divorcing spouses. Equitable means fair, rather than necessarily equal. The court makes the decision based on the circumstances of the divorce, the non-financial contributions to the marriage of each spouse and missed academic or career opportunities.
Conclusion
Making the decision to end a marriage is difficult. Even so, it is in your best interest to approach the divorce process from a rational, businesslike perspective. Working with an experienced family law attorney from Law Offices of Gale H. Moore, P.A. in Largo, Florida, will help you get through the process and begin your new life.
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