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A divorce case is initiated by either the husband or wife by filing a “Petition for Dissolution of Marriage.” The Petition states what the filing party seeks in the divorce (property, money, house, children, etc.) After the Petition is filed it is then “served” on the other party.
The party who receives the divorce Petition must file an “Answer” within 20 days or the serving party will receive everything requested in the original Petition by “default.”
If you are served with a Petition for Dissolution it is important that you seek legal assistance immediately to avoid default.
The Next Step – Discovery
The discovery process involves both parties disclosing all income, expenses, assets, and liabilities. All of these discovery documents and their responses carry significant legal consequences and should not be handled without the assistance of an attorney.
Each party involved in a dissolution of marriage will work closely with their trusted divorce attorney to provide documents related to the following:
- Daycare expenses
- Health insurance
- Tax obligations
- Tax return filings
- and sometimes pending personal injury, workers’ compensation, or bankruptcy suits/actions
Regardless of your role in the marriage, you are entitled to legal representation during your divorce proceeding. During the divorce process you will likely have to discuss:
- Division of Assets and Liabilities – This divides real and personal property, liabilities that include debts, etc. The courts will not necessarily divide everything 50/50. Florida is an equitable distribution state. Equitable means a “fair” division, not a 50/50 division; therefore, often it is best if both parties can agree before going to court.
- Child Custody and Support (if applicable) – New laws regarding Florida’s family parenting plan will dictate how custody, visitation, and child support are paid; therefore, it is best to consult an attorney that is familiar with these terms and conditions.
- Determine Parenting Time – A divorce attorney can help you determine child custody and a parenting plan for the children involved in the marriage. These decisions are based on what is best for the child or children involved, but an attorney can help you negotiate visitation or keep composure during a trial (if applicable).
- Spousal Support (if applicable) – When it comes to spousal support, you do have some options. An attorney can work to discuss the various types of alimony and if your situation would qualify for support.
Resolving Issues before Trial and Divorce Mediation Jacksonville Fl
Mediation is a meeting of the parties, their attorneys, and a mediator. A mediator is a neutral third party who is usually an attorney who has specialized in family law.
The mediator can help the parties reach an agreement by acting as a “go-between” to help negotiate the parties’ differences. Mediation is an excellent opportunity for parties to conclude their case before going to trial.
Our firm is grateful and proud to offer some of the top law professionals and attorneys practicing here in Jacksonville, Florida, and representing our valued clients.
Divorce Attorney Jacksonville FL Free Consultation
If you are ready to start divorce proceedings or have been served a Petition for Dissolution of Marriage, please call (904) 414-4906 today or contact Hardesty, Tyde, Green & Ashton, P.A., for your consultation with our team of experienced Jacksonville Divorce Lawyers.
Our lawyers will be happy to answer your questions and ensure that our firm is a good fit for your representation.
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What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)