Andrews Document Service

Family Law Document Preparation website

 




   
       
   
  Serving Florida
  Residents
  Since 1992
   
   
 
Frequently Asked Questions                  


What are the Florida residence requirements?
What are the grounds for Divorce in Florida?
How is property distributed in a Florida divorce?
What is considered as "Separate Property" in a Florida Divorce?
How do I get Alimony in Florida?
How do you establish child support or visitation?
Can I get my maiden name back after the Divorce?
What if I can't find my spouse, can I still get a Divorce?
Do I need to hire a Lawyer?
What is the difference between a Will and a Trust?
If I rent a house, or pay rent on the lot, do I need a trust?
What about division of a house after a divorce?
Can I add a relative as a part or joint Owner?



What are the Florida residence requirements?
Florida statute §61.021 requires that either party to a Dissolution of Marriage proceeding must reside six months in Florida prior to filing the petition. Residency can be corroborated by: A valid Florida Driver's license; Florida Voter's registration card; Affidavit by third party, or live testimony by third party. The requirement is the same for other Family Law l issues.    [Back to Top]

What are the grounds for Divorce in Florida?
In Florida, there are only two grounds for divorce §61.052(1) FL Stat. [ No-Fault Divorce ]  1. The marriage is irretrievably broken.  2.One of the parties is mentally incapacitated.  "Irretrievably Broken" simply means that for whatever cause or reason the Marriage relationship is for all intents or purposes, ended, no longer viable, a hollow sham beyond all hope of reconciliation or repair. "Mental Incapacity" is found only when a spouse has been adjudicated incapacitated and has remained in that condition for a period of three years. [Back to Top]

How is property distributed in a Florida divorce?
Florida is an "Equitable Distribution" State. This means that if the Court must rule on property then each party will be allowed to keep his or her "separate" property and all community property will be divided in an equitable (Not necessarily 50-50) fashion. It is always best to divide your property etther by oral or written agreement with your spouse rather than letting the Court decide. We can prepare the form. designed for this purpose.   [Back to Top]

What is considered as "Separate Property" in a Florida Divorce?
Separate Property, also know as Non-marital Assets § 61.075(b) FL Stat. is defined as property acquired before the marriage, or acquired by gift or inheritance, or property divided by written agreement, signed by both parties. [Back to Top]

How do I get Alimony in Florida?
Alimony can be granted to either spouse on a case by case basis. You must however, prove to the Court that there is a need. It is granted as either permanent alimony (until the payee dies or remarries.) or some form of temporary alimony, which is usually granted for a specific length of time. It is generally used for the retraining/reeducating of a spouse, or simply to aid in the transition from married to single life.   [Back to Top]

How do you establish child support or visitation?
Both of these can be done as a part of your divorce. When the parties have children in common, the Court will order that they attend a parenting class. This is not really a "Parenting" class, but a class to instruct the parents on how to share custody/visitation. (As if we could not figure it out ourselves!) The parties will also be mandated to submit a Parenting Plan. (We provide this form as part of our divorce document set.)  [Back to Top]

Can I get my maiden name back after the Divorce?
Actually you can request your maiden name restored as part of your divorce. This works best, however, if the wife is also the Petitioner. (The one initiating the legal proceedings.) The other party is the Respondent--the one responding to the petition.   [Back to Top]

What if I can't find my spouse, can I still get a Divorce?
A divorce still can be obtained using "Constructive Service". An ad needs to be run for 4 consecutive weeks in the legal section of the newspaper in the area where the missing spouse was last known to be. The Court also requires certain additional documents to be filed. We provide you with all required forms.
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Do I need to hire a lawyer?
Absolutely not! As long as you and the other party are in agreement, you can do virtually any legal action without a lawyer in the Family Court. In fact, if all parties will make an effort to cooperate with each other, they will avoid a lot of hardships, as well as unnecessary expenses. Sometimes, that might mean giving up something of value in order to make peace with the other party. The value of that “something” should be carefully weighed against the high cost of litigation.
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What is the difference between a Will and a Trust?
In a word. Probate! If you have Real Property, A house and/or land, it will need to probated if you have a Will. If you have a Trust, no probate is necessary. Please call or write us for further information.   [Back to Top]

If I rent a house, or pay rent on the lot, do I need a trust?
Most people who do not own real estate, have investment portfolios,or can name a beneficiary for all other financial things such as Life Insurance, and have personal property valued for less than $60,000, benefit by having a Will rather than a Trust.
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What about division of a house after a divorce?
It should be known that after a divorce, the marital homes automatically reverts to “Tenants in Common”. Which is to say that both parties own an equal share in the home. The other party can actually sell their share leaving you stuck with an unwanted partner. In most cases, it is best to sell your share, or buy out the other party’s share. We can provide the proper paperwork.   [Back to Top]

Can I add a relative as a part or joint owner?
We can prepare a Quit Claim document to add a person to your deed. You must realize, however, that this document must be recorded in the local County records. When recording the deed, you could be asked to pay doc fees at the rate of 70 cents per $100.00 of whatever the County thinks that part of the home is worth. [ (Value ÷ 100) *.7 ] If you are adding this person in order to avoid probate, please see us first. We can show you other strategies which may work better for you.   [Back to Top]