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.

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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.