TEMPORARY NEEDS IN FLORIDA DIVORCE CASES

Temporary Needs in Jacksonville, Florida Divorce Cases

Florida divorce law allows spouses to request temporary needs and relief pending the final disposition of their divorce case. If one spouse is dependent on the other spouse for support or there are issues involving time-sharing and support of children, it’s wise to file a temporary needs motion and schedule a temporary needs hearing early in the divorce process. Timing is critical, because a contested divorce case can take a year or more to resolve. Failure of a party, or the party’s attorney, to file a motion for temporary needs early in the process can detrimentally impact the party who needs temporary relief.

To request temporary relief, a party files what is called a “motion for temporary needs and other relief.” After the motion is filed, the party who filed the motion, or the party’s attorney, contacts the opposing party or opposing party’s attorney and the court to schedule a hearing. In Jacksonville, Florida it typically takes between 60 to 90 days from the date of scheduling before temporary a needs motion will be heard by the Court.

COMMON TEMPORARY NEEDS REQUESTS IN FLORIDA DIVORCES

A. Time-Sharing

In high conflict divorces parents often experience difficulty determining holiday time sharing and when each parent will spend time with the children. A court order time-sharing schedule, even temporarily, can have a positive impact on the children and parties. There tends to be less conflict with a court order in place.

B. Child Support

A child support order established early in the process through the temporary needs process can provide much needed stability for the children by ensuring their basic needs are met.

C. Temporary Alimony

If one spouse earns the majority of the income in a marriage, a temporary alimony is critical for the other spouse to pay bills and provide for necessities while a divorce case is pending.

D. Attorney’s Fees and Costs

To place spouses on equal footing during the divorce process, a court may award a spouse who earns significantly less income or has significantly less assets than the other spouse attorney’s fees and costs.

Questions about Temporary Needs in Jacksonville, Florida Divorce Actions

The availability of temporary needs can come as a revelation to spouse who doesn’t know how they will support themself during the divorce process. It’s good to know that help may be available under certain circumstances. If you have questions about temporary needs in Jacksonville, Florida divorce cases, or divorce or family law, call your Jacksonville, Florida divorce attorney, Christopher (“Chris”) Taylor, at 904-339-5298 or contact Chris through this website.

PREVENTING RELOCATION OF YOUR CHILD UNDER FLORIDA LAW

The prospect of a child relocating away from a non-custodial parent ( n/k/a non-majority time sharing parent) is fairly common in today’s mobile society, especially in a military city like Jacksonville, Florida. The thought a child who was minutes away moving across country can be devastating for a father or mother. A long distance move, in many circumstances, means a substantial reduction in parenting time for the parent left behind.

When faced a possible move of your child(ren), it’s important to know that Florida law protects the non-custodial parent. Under Florida law, the parent seeking to relocate with the parties’ child(ren) must file a petition with the court if the move is greater than fifty (50) miles.

A notarized written response objecting to the relocation your child(ren) must be made within 20 days of service of the relocation petition. If an objection is not timely filed, the court will grant the petition to relocate unless it’s clearly not in the best interest of the children.

In the response objecting to the relocation it is important to describe the objecting parent’s level of involvement in the child(ren)’s life.  The greater the level of integration in the child(ren)’s life, the better chance the objecting parent has to prevent the relocation. Please click on this link for a list of factors a court will consider when evaluating a petition for relocation.

If you have questions about opposing the relocation of your child(ren) from the Jacksonville, Florida area, please contact your us at  904-339-5298 or through this website. Your first consultation is free.

Financial Disclosures in Jacksonville, Florida Divorce and Family Law Cases

MANDATORY FINANCIAL DISCLOSURES IN JACKSONVILLE, FLORIDA DIVORCE & FAMILY LAW CASES

In most Florida divorce and family law cases, the parties are required to exchange mandatory financial disclosures (“mandatory disclosure(s)”). The purpose of mandatory disclosure is to ensure the parties and the court make informed decisions about the divorce, equitable distribution of property and debt, and support obligations.

FLORIDA FAMILY LAW FINANCIAL AFFIDAVIT

The most important disclosure document is the financial affidavit. The financial affidavit lists each party’s income, expenses, assets and liabilities. There are two approved financial affidavit forms: a form for individuals with less than $50,000 in income and a form for individuals making more than $50,000. For people with business interests, the financial affidavit may also include schedules detailing a business’ profit and loss.

DOCUMENTS TO EXCHANGE WITH SPOUSE

Florida has a list of documents that you must exchange with the other party. The most common and important mandatory disclosure documents are listed below.  For a full list of mandatory disclosures, please click on this link.

Examples of mandatory disclosures:

1)      Your last 3 years of tax returns;

2)      Your last 3 months of paystubs;

3)      Your last three months of bank statements;

4)      Your last three months of credit card statements;

5)      Your most retirement account statements.

EXCEPTIONS TO THE MANDATORY DISCLOSURE REQUIREMENT

Most, but not all, Jacksonville, Florida family law and divorce cases require mandatory disclosures. In the divorce context, parties may waive all mandatory disclosure requirements if they file the case as a simplified divorce. For more information on simplified divorce, and to see if you qualify, please click on this simplified divorce link.   Some other examples of family law cases that do not require mandatory disclosures are injunctions against domestic violence and adoptions.

REDUCING YOUR MANDATORY DISCLOSURE BURDEN

Florida’s family law rules allow the parties to waive mandatory disclosures, except for financial affidavits and child support worksheets (if applicable). A word of caution, you should limit your mandatory disclosures only when you’re intimately familiar with the other party’s finances or their finances are not a concern.

HOW A DIVORCE ATTORNEY IN JACKSONVILLE, FLORIDA CAN HELP

Depending on the case, mandatory disclosures can be one of the more unpleasant parts of the divorce process. Some of my clients loath finding and organizing their financial documents.

In post-divorce modification proceedings, many clients are extremely uncomfortable providing mandatory disclosures years, sometimes more than a decade, after the original divorce. Most of us are uncomfortable exposing our finances to our friends and neighbors—imagine exposing your personal finances to person you divorced ten years ago.

Gathering, finding and organizing financial documents can be a daunting task. It’s particularly difficult in the emotionally charged environment of a divorce. My office provides checklists for our clients to follow to as you gather your mandatory disclosures. As a divorce law firm, we’re here to support our clients and be a resource to answer questions while they’re obtaining their mandatory disclosure documents. Once our clients have gather their disclosure documents, we will organize their mandatory documents and assist with drafting our clients’  financial affidavits.

If you have any questions about mandatory disclosures or divorce in Florida, do not hesitate to contact your divorce attorney in Jacksonville, Florida. The Taylor Law Office phone numbers is 904-339-5298 or contact the firm through this website. The Taylor Law Office is here to help!

 

Happy Holidays from The Taylor Law Office, P.A.

DIVORCE IN JACKSONVILLE, FLORIDA DURING THE HOLIDAYS

In most cases, the divorce process is never easy. This is particularly true during the holidays. Below are some things to consider for those in the divorce process during the holidays or contemplating divorce during the holidays.

Can it wait?

Unless there is a compelling reason, I recommend not filing for divorce during the holidays. When going through the divorce process it’s important to stay focused. With all of the activities associated with holidays (parties, dinners, ect.), it may be hard to focus. Instead, reflect on what you want from life, set goals and solidify relations with close friends and family.

What if I am already in the divorce process?

If you are in the divorce process, try to take it easy and take care of yourself.  Unless it’s absolutely necessary, I recommend not scheduling hearings and meditations between Christmas and the New Year. The emotions associated with holidays can cloud your judgment or compel you to say things you may regret.

If you are planning divorce after the holidays or need to discuss holiday divorce issues, please contact your divorce lawyer in Jacksonville, Florida at 904-339-5298 or through this website. I’m here to help.  Happy Holidays to you and your family!