Hiring a Tampa family law attorney when your divorce is uncontested is highly beneficial, particularly if you want to keep your divorce amicable. When couples agree that they no longer wish to be married, they either opt for a contested divorce or an uncontested divorce process.
Uncontested Divorces : In an uncontested divorce in Tampa Bay both parties wish to terminate their marriage. Through mediation and negotiations, the parties must agree on the matters that must be settled in an uncontested or contested divorce such as;
The parties in an uncontested divorce must be willing to sign ALL pertinent documents regarding the matters that are to be settled in their case. They further agree that they do not wish to have their case go to trial.
DIY divorce is generally never a good idea, especially if you have substantial assets and liabilities or when minor children are present. Mediation is almost always required, even in uncontested divorces. In contested or uncontested divorces, the parties aren't required to have legal counsel however, it is highly recommended in both cases. Amicable divorces can remain amicable when sound legal counsel is present and here's why:
Amicable Divorce, Until...
People change and divorce is one example of that change. If one party who wished to divorce amicably suddenly decides that they cannot agree on the proposed settlement, your uncontested divorce switches over to a contested divorce. Lacking counsel, one party might agree in full to all of the terms, simply as an effort to keep their divorce uncontested and to get it finalized. It's an understandable position to be in. However, agreeing when your gut tells you not to, has the propensity to cause future familial and legal problems. For example:
If you agree to a parenting plan that you know you or the other parent cannot abide by, then this can turn into a high conflict situation later on. If timesharing becomes an issue, then that party would need to approach the courts for a modification or enforcement. The problem with this is that a substantial and permanent change in circumstances must first be present.
Financial agreements such as alimony and child support should be well thought out. Any financial agreements or obligations you agree upon becomes a court ordered obligation.
Family Law & Divorce Mediation
Family mediation is required and beneficial when divorcing. It is a wonderful tool for divorcing parties that can help them to resolve differences and disputes, both major and minor. Unfortunately, even with legal counsel parties can reach an impasse on the terms of their divorce settlement. Given that, we also know that most divorces will settle out of court. It is important to understand what you're agreeing to, nonetheless. Hiring an experienced divorce and family law attorney can provide you with the sound legal counsel and representation you may need to help you to succeed in mediating an uncontested divorce settlement.
If for instance, during mediation you're struggling to agree on an issue, our Tampa family law attorneys will help you to understand the pros and cons of settling versus taking the matter to trial and letting a judge decide. Remember, your family law attorney needs to be both a skilled negotiator and also a reputable divorce litigation attorney for these reasons. Additionally, each court, although subject to the same Florida Statutes, can be remarkedly different in their rulings. So, where a judge may have a history of ruling one way in Hillsborough County, another in Pasco or Pinellas County may rule differently.
Divorcing in Tampa Bay & Asset Protection Asset division for divorcing spouses in Florida is called equitable distribution . Equitable distribution is governed by Florida Statutes 61.0075. When divorcing in Tampa Bay, one of the first things that must be addressed is the division of assets. During the process of asset division, couples are required to “set apart” non-marital assets and liabilities. To this point, safeguarding your separate property is a must and there are several ways this can be achieved. Protecting Your Separate Property When divorcing in Florida, any assets either spouse acquired during the marriage count as marital property, even if the asset is in one spouse's name. You can protect your non-marital property by entering into a prenuptial agreement or a postnuptial agreement . It is crucial to hire an experienced Tampa Florida marital law attorney to draft these contracts, so they will hold up in court should they be challenged. Separate p...
Tampa Family Law Attorney What Can Parents do When Parenting Plans are Not Being Followed Tampa Child Custody Attorney Nilo J Sanchez is an experienced family law attorney in Tampa, Florida. For over 25 years he has represented parents who have high conflict family law matters. Timesharing & Custody Disputes & Florida Family Law Timesharing and custody disputes seem to initiate the most conflict between parents. Much is written about parents who refuse timesharing to their ex, but not much is written about the parent who doesn't show up for their court ordered timesharing. If you are experiencing a substantial, permanent change in timesharing that is financial in nature because your ex is not showing up for their scheduled timesharing, please reach out to Nilo J Sanchez & Associates. 50/50 Timesharing in Florida Family Law Time-sharing has come a long way in Florida and most family law judges find that equal timesharing between parents is generally i...
Tampa Divorce Attorney Nilo Sanchez & Associates on Modifications of Final Judgments If the Florida courts have heard and rendered a final judgment on your divorce or dissolution of marriage, there are areas of your final judgment that can be modified with the courts. If you are wondering if any part of your divorce judgment is modifiable, please visit our websites: http://www.divorce-attorney-tampa.com http://www.divorcelawyer-tampa.com/ For more information call t he Tampa family law office of attorney Nilo Sanchez & Associates for a consultation. Phone: 813-879-4600 Alimony Modifications - In Tampa Bay and in Florida, the Statutes with regards to alimony modifications requires that there be a significant change in circumstances. In order to modify alimony in Florida alimony is determined by the need of the person who is receiving the alimony coupled with the ability of the other party to pay alimony. If you want to hav...
