There comes a time when forcing a marriage to continue is no longer the best choice. Thousands of married couples every day make the decision to get divorced, and an attorney can be of invaluable service when you come to that conclusion that your marriage is no longer in your or your child’s best interests. lawyers at the Eighmie Law Firm work tirelessly to protect your rights, take pressure off of your shoulders, and achieve the best case scenario for you and your children.
Equitable Division of Marital Property is Used in Florida
Property division is one of the most important aspects of a divorce to get right, and one of the areas of divorce that has the most conflict. Florida is an equitable distribution state when it comes to division of marital property, meaning that marital property will be divided fairly, though not necessarily equally. Marital property is all property, including debt, acquired during the course of the marriage. Non marital property—property acquired before the marriage—is not divided during divorce. Other types of non marital property may include inheritance, property protected under pre or postnuptial agreements, or civil lawsuit awards or settlements.
Child Custody Decisions Made by the Court Are Based on the Child’s Best Interests
While only one of every six custodial parents is a father, judges do not make decisions based on the parent’s sex, according to the U.S. Census. When parents cannot come to an agreement about child custody on their own, the court must decide, and the court always favors what is in the child’s best interest. The following factors are used to make a determination about the child’s best interests:
- Which parent was the primary caretaker?
- Mental and physical health of each parent;
- Living arrangements of each parent;
- Special needs of the child;
- Stability of each parent, including their job and social life;
- Each parent’s ability to support the relationship that exists between their child and the other parent; and
- Much more.
Fighting for Fair Support Orders
Child custody often makes up the largest or one of the largest pieces of the financial pie for custodial parents, and unfortunately only 44 percent of custodial parents receive the full amount of child support they are owed, according to the Census. Our attorneys ensure that fair child support orders are created and are adhered to. Another type of support is spousal support, or alimony. Alimony is awarded based on the needs of the lower earning spouse and the ability of the higher earning spouse to pay, in addition to the following factors:
- Length of marriage;
- Age and physical condition of the receiving spouse;
- Likelihood that the receiving spouse will be able to support him or herself;
- Lifestyle that the receiving spouse grew accustomed to during the marriage;
- Length of time support would be needed for education or job training; and
- Much more. .
Let a Stuart Divorce Attorney Provide Professional Legal Assistance
Divorce is never easy, and our attorneys do not promise to make all of your pain, anxiety, and anger vanish overnight. We can, however, guide you through the divorce process and help make sure that it goes as smoothly as possible. Avoiding errors with property division and child custody will drastically improve your life in the years to come, and we take pride in the services that we have provided our past clients. Call one of our Stuart divorce lawyers at the Eighmie Law Firm, P.A.today at 772-905-8692 to schedule a free consultation.