In the State of Florida, statutes refer to divorce as “Dissolution of Marriage.” While divorce ends a marriage, it also significantly alters the lifestyles that went with it. From a legal perspective, divorce addresses the change in the dynamics of family relationships and sets the parameters for the division of assets and liabilities, parental responsibility, timesharing, and financial support based on Florida law. The firm of Glenn & Phanco, P.A. has developed a prominent presence in the Wesley Chapel area for our expertise in the practice of divorce law. We are recognized for representing our clients during this difficult time and for combining highly personalized, compassionate, and detailed representation with aggressive advocacy for each of our client’s rights.
Florida is a no-fault divorce state, meaning that the only reason required for filing for divorce is a declaration that the marriage is irretrievably broken with no hope of being salvaged. Other reasons or grounds for a marriage breakdown may be relevant to a court under certain limited circumstances. Before considering to pursue a divorce in Florida, it is imperative that you meet with an experienced divorce attorney from the firm of Glenn & Phanco, P.A. We will evaluate your case and advise you on all of the possible opportunities and ramifications with regard to your divorce case.
Equitable Distribution of Assets and Debts
Florida courts are required to divide marital assets and liabilities between the parties under the laws of “equitable distribution.” Equitable distribution means “fair” division, but does not necessarily mean an “equal” division. Judges consider several factors when determining the equitable distribution of your assets and liabilities. During your consultation, an experienced family law attorney will discuss all of relevant factors specific to your case.
Glenn & Phanco, P.A. helps clients to obtain a value for the assets accumulated during the marriage, including real estate, retirement funds, business interests, bank accounts, and prized possessions. We also help identify accrued liabilities and other obligations. Our firm’s specialized expertise in understanding Florida law will ensure that there is a thorough examination of all of the financial factors involved and that our clients’ current and future financial position is protected. Without proper representation, the court’s decision can result in one or both of the parties being very dissatisfied. Don’t let this happen to you. It is imperative that you seek legal representation to negotiate for you from the start!
For the most part, property acquired during a marriage is considered marital property and is owned jointly by each partner. However, there are exceptions such as property acquired as an inheritance. If you have questions regarding the marital status of property acquired during your marriage please reach out to Glenn and Phanco, P.A. for a thorough consultation.
Florida law also allows that certain property may be considered non-marital property under some circumstances. If property is deemed non-marital then it is not subject to equitable distribution during the dissolution of marriage. Some examples wherein property may be considered non-marital are as follows:
• Property that was owned by one spouse before the marriage
• Property that was given to one spouse as an inheritance during the marriage
• Awards from certain kinds of personal injury settlements
If you want to retain sole ownership of an asset that you believe is non-marital property, then it is important to seek the counsel of Glenn & Phanco, P.A., Wesley Chapel divorce attorneys. Disagreements and loose interpretations of non-marital and marital property can become complicated when there is evidence of commingling.
Just like assets, any liability acquired during the course of a marriage in Florida is likely going to be deemed a marital liability and subject to equitable distribution. There are complicated issues that will need to be addressed regarding credit card and other debts that are titled in only one spouse’s name. There are certain limited circumstances wherein a court may assign a greater portion of the liabilities to one spouse to effectuate an equitable distribution rather than an equal distribution.
Liabilities incurred before a marriage or after a marriage or separation, may potentially be considered non-marital. As with the division of assets, many disputes arise as to which party will be responsible for the various liabilities. You will want to have the best divorce attorneys in Wesley Chapel, FL on your side to protect your interests.
Divorce and family law proceedings bring several legal issues into play, particularly when children are involved. One of the most difficult aspects is crafting a Parenting Plan that includes timesharing and holiday schedules in the children’s best interests, while also accommodating the demands of each parent’s life.
In Florida, a Parenting Plan includes, but is not limited to, the following:
- Parental Responsibility
- Regular Timesharing Schedule
- Holiday Timesharing Schedule
- Travel Provisions
- Communication provisions
The skilled and creative attorneys of Glenn and Phanco, P.A. can help you develop a sensible Parenting Plan aligned with the best interests of your children.
Florida Child Support Guidelines dictate child support calculations. However, some couples have special situations that require a more customized approach. The attorneys of Glenn and Phanco, P.A. use the latest software to calculate child support to ensure that we are capturing every necessary detail for your child support calculations.
Spousal Support in the State of Florida is based on two main elements: One party’s need for spousal support and the other party’s ability to pay spousal support.
The crucial factors in awarding support include, but are not limited to, the length of the marriage, the income of each party, the lifestyle maintained during the marriage, sacrifices made during the marriage, and the education and earning potential of each party. It is important to consult with the Wesley Chapel divorce lawyers of Glenn & Phanco, P.A. to discuss your potential options as it relates to spousal support.
You Deserve the Top Divorce Lawyers in Wesley Chapel, FL
If you find yourself facing divorce, seek legal representation as soon as possible. By working closely with Glenn & Phanco, P.A., you may be able to preserve many assets, minimize tax consequences, and in some cases even keep the family home. Our attorneys have built a stellar reputation on the fundamental recognition that divorce issues are extremely complex, they are emotionally and financially taxing, and can be overwhelming for all of the parties involved. We will guide you through this maze, provide valuable legal guidance and representation, negotiate on your behalf, take your case to trial if necessary, and help you gain the stability and certainty you need to move forward with your life. Call Glenn & Phanco, P.A., the divorce lawyers in Wesley Chapel, FL today!