Jacksonville Legal Blog
Divorce is defined in the State of Florida as a legal action filed to end a marriage by a married person or persons. Legally, when it comes to divorce, Florida is known as a “no-fault” state, which means that the court does not need to assign “fault” to either party in a divorce action. Instead, divorce can be sought simply because the marriage is irretrievably broken, and as such, the spouses are not expected to reconcile their differences. This provision of the law also will not allow one spouse from preventing the other spouse from seeking a divorce. A common misconception is that adultery can be used as evidence for a divorce decree to be granted and that the cheating spouse is not entitled to a fair division of assets. Again the “no-fault” provision of the law does not take behavior such as cheating into play when determining the terms of a final divorce settlement except in the event that the cheating spouse used marital assets to support the extra-marital affair. If marital assets where used, then the non-cheating spouse may be entitled to recover some of the funds used. The non-cheating spouse may also be responsible for paying child support, and or alimony, even to a cheating spouse. These issues will all be considered by the court, but in accordance with the State of Florida’s “equitable distribution statute”, both parties are entitled to their fair share of the marital assets and debt. Additionally, if you are seeking a divorce in the State of Florida, at least one of the spouses must have been a Florida resident for at least six months prior to filing for divorce. Divorce without children can still be a complicated affair and should not be handled without the advice of an experienced family law attorney. Although this process may, in fact, seem simple, a divorce attorney can make sure that none of the legal technicalities are overlooked when seeking to dissolve a marriage and that you understand all of the legal implications involved in your specific case. Protecting your interest and those of any children is your attorney’s primary mandate. Family law attorneys can simply advise a client seeking a divorce on the necessary procedures for dissolving their marriage. Getting divorced is still a difficult procedure to endure even if both parties are agreed as to the terms and divisions of assets they desire.
Why Consider Heekin Litigation to Represent Your Legal Interests?
Emotionally, most divorcing couples need some support to navigate the legal waters of divorce court and that is where an experienced divorce and family law attorney can help. Heekin Litigation Group, a legal firm practicing marital and family law for over 20 years has in its lead family law attorney, Hunter Malin, a man dedicated to helping divorcing spouses through the complex world of divorce. Whether you are seeking a contested or uncontested divorce, facing a dispute over children, need to modify an existing divorce settlement, have a paternity issue or any other legal matter for a family law court to consider, Hunter recognizes how much is at stake and is committed to protecting your legal rights. Family law matters are not only challenging but also emotionally draining on a family, especially when children of any age are involved. Hunter is an expert at identifying all of the complexities a divorcing couple might face, sympathetic to parties affected by seeking a divorce settlement and committed to helping individuals identify and reach their goals. Sometimes even reasonable solutions seem difficult to achieve but for an aggressive and experienced attorney committed to finding a solution, that task can be easily accomplished. Give Hunter Malin a call for a free initial consultation at 904-355-7000. We are there to listen to your story and issues and present you with different options to achieve your desired goals and best chances for a successful and durable outcome.