Civil Rights

Divorce

There is actually a statistic released stating that one out of every two married couples end up in a divorce. There are essentially two types of divorce proceedings, (1) uncontested and (2) contested. K/S has experience and staff to manage either form of divorce proceedings.

Uncontested Divorces

Uncontested divorce means that both parties have agreed to the terms of the divorce. This includes the child custody, support and visitation, alimony, and distribution of the assets. In these cases, K/S will solely prepare an agreement that is filed with the Court once proceedings have been filed. This is the most cost effective form of divorce. K/S can offer flat fee retainers for this type of divorce.

Contested divorce means that one of the parties does not agree to the terms of the divorce. In these cases, proceedings are filed and litigation is necessary to advocate your position as it would apply to dividing the marital assets, child custody, child support, or alimony.

Florida has certain requirements to meet in order to initiate divorce proceedings. Affidavits regarding assets are required to be filed, as well as the threshold of “irreconcilable differences” to establish a basis for divorce. Additionally, Florida does not recognize legal separation. Contested divorces are expensive considering the likelihood of trial in most cases.

There is no state law that determines long term versus short term marriage and Courts assesses division of marital assets on a case by case basis since there is no direct or simple rule on what constitutes a long or short term marriage.

Prenuptial Agreements

Prenuptial, also known as antenuptial, agreements are contracts entered into by and between husband and wife that dictate how assets are distributed among the parties in the event of divorce. These agreements can be prepared at flat fee rates in most cases, and are crucial to fully protect any assets that may not have otherwise been considered marital property. In many cases, what husband or wife may have understood to not be subject to marital assets become a marital asset based on the duration of the marriage.

These agreements help to establish what is exempted from marital assets in the event of divorce. These agreements limit the scope of what constitutes marital assets in the event of divorce and are therefore exempt from proceedings, but on their own may not result in uncontested divorces. Additionally, these agreements have affect on limited any right to inheritance to a surviving spouse. Judges enforce validly executed prenuptial agreements, so having one in place will better protect assets unintended to be constituted as marital assets.

Child Support

Notwithstanding the fact that custody has been granted to one of the parent, the non-custodial parent is responsible for child support. The difficult part is determining what amount is reasonable to be expected from the non-custodial parent. There are simple math formulas used to structure the amount that should be due and owing by the non-custodial parent. K/S has attorneys skilled in determining these amounts.

In the event child support is not paid, K/S is experienced in collecting child support from the non-custodial parent. The custodial parent has the right to have the non-custodial parent’s driver license suspended for failure to pay child support, as well as a right to revise visitation with post divorce proceedings. Similarly, the non-custodial parent may have rights in these situations. In either case, K/S is able to assist in these legal matters.

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