7 Facts You Need to Know at the Start of Your Manatee Divorce Case
The following are seven facts you need to know at the start of your divorce case in Manatee Florida:
1. Talk to a Manatee divorce lawyer about the facts of your case. It is always less expensive to start a case out correctly, than to correct problems after the fact.
2. The divorce process is much more than a lawsuit. Apart from the end of your marriage, divorce changes relationships with family and friends. Divorce can upend your finances, and affect your mental and physical health. Be prepared for these changes. Consider counseling, support groups, financial advisers, and other non-legal sources of help.
3. Florida is a no fault state. That means that the party requesting the divorce in your Manatee divorce case simply has to allege that the marriage is irretrievably broken. There is no need to claim “cause” – such as adultery or abandonment.
4. There is no “legal” advantage to being the first spouse to file for divorce. However, the first party to file the case may gain a tactical advantage because he or she will have hired an attorney, and will have started the process rolling. The non-filing spouse may then be left in a position of scrambling to hire an attorney, and completing the responsive paperwork.
5. The filing of a Manatee divorce case will trigger a Standing Order that is immediately enforceable against the person who filed the divorce. The Standing Order is enforceable against the non-filing spouse when he or she is served with the Order. The Standing Order provides significant protections and restrictions on both parties. I have linked to the order if you would like a more detailed review:
6. In theory, a final judgment, ending the marriage in your Manatee divorce case, can be entered on the 21st day after date the petition was filed. However, in Florida the entire case must be resolved before the final judgement (divorce) is granted. This means that until you reach an agreement with your spouse on all issues, or go through a trial, your legal status will remain “married.”
7. Florida is not a “notice pleading” state, where a party is allowed to make general requests. In other words, at the start of your Manatee divorce case, your petition for dissolution of marriage must be carefully prepared to request the result you want at the end of your case. A poorly prepared petition may result in your case being dismissed, or may prevent the court from awarding you what you intended to request.
Rulings the Court Can Make in Your Manatee Divorce Case
Depending on your specific facts, the court can do the following in your Sarasota divorce case:
1. Change your legal status from married to single.
2. Characterize assets and liabilities as either marital or non-marital (separate).
3. Divide marital assets and liabilities (including real property and retirement benefits).
4. Award alimony.
5. Determine custody matters for the children. (In Florida, a custody order is called a “Parenting Plan”).
6. Award child support.
7. Require one spouse to pay the other spouse’s attorney’s fees.
8. Name change.
Links to Other Resources for Your Manatee Divorce Case
If you would like to review the statute covering dissolution of marriage in more detail, I have provided the following link:
