One of the issues that you need to know if your divorce attorney is knowledgeable in is with the presumptions of marriage and Florida divorce law issues.  There are specific presumptions that are made if you are married in Florida or are getting divorced in Florida.

The Florida divorce attorneys that are specialized in this area of presumptions of Florida divorce law are more than just your normal divorce attorneys.  They have completed specialized courses in divorce law for Florida and have studied the Florida divorce law presumptions.

These divorce presumptions can affect your settlements and alimony that you could be eligible to receive during your divorce. There are several divorce presumptions that we have covered in previous posts that we won’t dredge up again here.

When you find the right Florida divorce attorney for your specific situation, you need to determine the cost associated with the case. Often times you can find flat rate fee Florida divorce attorneys that are willing to see a case all the way to completion for a low flat fee. There are also plenty of other Florida divorce attorneys that will charge by the hour or offer consultations to you if you just need legal advice for an uncontested divorce.

You will want to make sure that your Florida divorce attorney is well versed, not only with presumptive Florida divorce law, but how uncontested divorce and alimony works in Florida as well.

So, what exactly are some of the Florida divorce law presumptions? Here are some of the presumptions you will find in Florida divorce law:

• Florida divorce law will presume that a marriage is valid when the parties have a ceremony and live together under a belief that they are lawfully married.
• Florida divorce law presumes that the assets and debts accumulated during the marriage are marital and subject to equitable distribution. Florida divorce law also presumes that both spouses made an equal contribution to the marriage.
• The equal distribution in Florida also presumes a 50/50 split of assets and debts as the starting point for division.
• Children born during a marriage are presumed to be the legitimate children of the spouses. This means that Florida courts are presumed to have continuing jurisdiction over child matters when the original decision came from a Florida court.
• Shared parental responsibility is also assumed in Florida divorce law.
• Florida divorce law presumes that an entitlement to alimony in a long-term marriage and presumes no entitlement in a short-term marriage.
• Florida law also presumes an ability to pay support amounts ordered by the court.

If you have an uncontested divorce or you are representing yourself in a divorce in Florida, you are also presumed to know every law and court rule. This also means that you are expected to know every presumption in Florida as well. This is were most people get into trouble in a Florida divorce case.

If you are the petitioner in Florida, the presumptions in the Florida divorce laws will help you in your divorce case. If you are the respondent, you will have to prove, with evidence, to overcome or dispute the presumptions if they are raised in court.
If you are the respondent in a Florida divorce case, you really should consider hiring a divorce attorney. If not for the full case, at least to consult with.

There is a growing trend in the legal community that a “do it yourself divorce” is a quick and easy thing. Many people are looking to the quick and easy divorce as a way to save both time and money. Most people also don’t want to have to deal with the long and drawn out process for a divorce that involves the court systems.

The do it yourself divorce is a good thing if you fully understand what the process is, what is required of both parties and how it actually works. Many websites are offering a “Do it yourself divorce” kit that they promise will quickly and easily allow you to divorce each other. You should really be hesitant about these quick and easy divorce scams.

Don’t fall victim to one of the Do-It-Yourself Divorce scams! Although it sounds like you can save a lot of money by having a do it yourself divorce, one of the biggest problems most people fall into is the hidden costs of the do it yourself divorce.

The do it yourself divorce is a scam because in order for it to work, you must have an uncontested divorce. Both parties in an uncontested divorce agree that the divorce is the right thing. There are no child custody issues in an uncontested divorce either. Usually in an uncontested divorce there is also a limited amount of assets that would have to be divided, or a prenuptial in place.

If you and your partner are in agreement about seeking a divorce, then you are both in an uncontested divorce situation. If there is any doubt about debt that is owed, personal finance situations, or who is going to keep the dog, then you should not seek a do it yourself divorce.

When you divorce your spouse, not only are separating yourself from the other person, but you are severing ties with all things including bank accounts, debts, credit ratings and more. If there is limited assets from the marriage or everything property related can be quickly and easily divided, then a do it yourself divorce might work.

One of the big issues many people face is how to rebuild your credit after divorce. This is a question that if you are wondering how to divide your debts, bills and property, then you need to seek legal advice in your location from a competent divorce lawyer and not rely upon a “do it yourself” divorce.

If you are filing for a divorce and meet certain requirements in your state, you could possibly file for a summary divorce and save both time and money. A summary divorce is generally sought if the divorcing couple have no children and limited or no assets that would need to be divided. While each state is different in how they require a summary divorce to be filed, those are the two general guidelines to consider if you are looking for a summary divorce.

How does a summary divorce compare to a traditional divorce? The end result is still the same, however there are three key differences that a summary divorce provides:

• There is less paperwork to fill out, which saves filing costs and time.
• There is fewer court appearances required. In some states, a summary divorce generally only requires one or two court appearances.
• Less time involved. As there are no custody issues or property disputes, a summary divorce is quick.

But, what are the general requirements that would make you eligible for a summary divorce? As each state is different, you need to check with your lawyer or state to find the specific requirements. However, here are a few generally accepted guidelines.

• The couple were married for a relatively short time (usually 5 years or less);
• The couple has no minor children (natural or adopted);
• The couple does not have any significant “real property” interests (i.e. does not own or mortgage a home);
• Total value of marital property is less than a certain amount (usually between $25,000 and $35,000, and not including the value of motor vehicles);
• Total value of either spouse’s separate property is less than a certain amount (may be same threshold as with total marital property, above);
• Both spouses give up any right to spousal support.

When there is an uncontested divorce both spouses have already agreed on everything about the divorce and don’t need the courts to decide on asset division or child custody issues. Basically, an uncontested divorce will be quicker and cost less than a contested divorce. It is also usually less painful and bitter.

Many times when a divorce is filed, it begins as a contested divorce. However before the actual trial date, the couple will reach an agreement on the financial terms of the divorce, including child support and allocation of debt and assets. The biggest advantage of the settlement is that neither spouse can appeal it and must live by it. Since a settlement has been reached, the divorce will speed along quicker and can bring a quicker end to the marriage.

In a settlement, both parties will be assured of an end to litigation. If you reach a settlement with your spouse, it is essential to have the agreement memorialized in such a way that it makes the settlement legally binding and enforceable. Due to extremely high court costs, most lawyers and judges also prefer to settle out of court. However, if you are unable to reach a settlement, then maybe a court date is what you are needing.

Another option recently is the “do it yourself divorce”. This can eliminate court costs and is a popular way to save money. The do it yourself divorce will only work when both spouses are in agreement about the dissolution of the marriage, basically an uncontested divorce.

If you do have a court date for a contested divorce, you should never represent yourself. Divorce lawyers are specialists in the laws of your particular state. There are also long term issues that can arise if you represent yourself that could have significant financial or legal repercussions.

When all is said and done, if you are considering a divorce, then you really should attempt to reach a settlement or have an uncontested divorce. This will save you time, money and emotional distress that a nasty and bitter contested divorce could cause.  Divorce law can be tricky, so if you have a contested divorce, or a lot of assets, it is best to rely upon the divorce lawyers as they are experts.

Several jurisdictions’ statutes authorize limited divorces, or “divorce a mensa et thoro.” The consequences of limited divorces vary from state to state. Typically, a limited divorce is commonly referred to as a separation decree; the right to cohabitation is terminated but the marriage is undissolved and the status of the parties is not altered.

Many states have enacted what is called no-fault divorce statutes. This is a response to outdated common law divorce which required proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. This entailed proving that the spouse had committed adultery, or some other unsavory act. No-fault divorce eliminates this potentially embarrassing and undesirable requirement by providing for the dissolution of a marriage on a finding that the relationship is no longer viable. It is hard to tell whether no-fault divorce statutes are the cause or an effect of the rising national divorce rate in America.