Florida Family Law

By hiring a divorce attorney who is specialized in family law matters in Florida, you can help the divorce process go as smoothly as possible.  You are able to assist in ensuring that your concerns as well as the things that are most important to you are protected.

An experienced Florida family law attorney can assist you in making confident and difficult decisions in this process.  At Sanchez & Associates, P.A,  Attorney NIlo J. Sanchez, Jr.realizes that not all dissolution of marriage cases are alike and require individualized attention to achieve the best results for his clients.

(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears.
(a)  The marriage is irretrievably broken.
(b)  Mental incapacity of one of the parties.  However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years.  Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues.  If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party.  If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party.  However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.
(2) Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence requirements of s. 61.021 are met which may be corroborated by a valid Florida Driver’s license, a Florida voter’s registration card, a valid Florida identification card issued under s. 322.051, or the testimony or affidavit of a third party, the court shall dispose of the petition for dissolution of marriage when the petition is based on the allegation that the marriage is irretrievably broken as follows:
(a) If there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of marriage if the court finds that the marriage is irretrievably broken.
(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:
1.  Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or
2.  Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the  parties themselves to effect a reconciliation; or
3.  Take such other action as may be in the best interest of the parties and the minor child of the marriage.
If, at any time, the court finds the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage.  If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage.
(3) during any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the parenting plan, support, maintenance, and education of the minor child of the marriage, attorney’s fees; and the preservation of the property of the parties.
(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried.  No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.
(5) The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.
(6) Any injunction for protection against domestic violence arising out of the dissolution of marriage proceeding shall be issued as a separate order in compliance with chapter 7.41 and shall not be included in the judgment of dissolution of marriage.
(7) In the initial pleading for a dissolution of marriage as a separate attachment to the pleading, each party is required to provide his or her social security number and the full names and social security numbers of each of the minor children of the marriage.
(8)  Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section.  Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage.  Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

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Tampa Divorce Attorney Nilo Sanchez

As a Tampa Florida Family Law Office, we're dedicated to assisting our clients and protecting their financial well-being in all family law related matters such as custody, contested and uncontested divorce, child support, paternity, alimony, time-sharing and other family law related matters.

If you are considering a divorce, we can assist you by seeking an appropriate property division and fairness in alimony and  child support orders. We can also help you in structuring support and property agreements that will protect your assets.

Mr. Sanchez is able to assist with child custody and time-sharing matters. Mr. Sanchez has been practicing for 20 years and utilizes his expertise and experience  to represent his clients through the difficult and stressful process of their unique family law case.

If you or someone you know is involved in a Florida Family Law matter, please contact our office to schedule a consultation to discuss your unique Family law case at 813-879-4600.

Attorney Nilo J. Sanchez, Jr. at Sanchez & Associates, P.A. handles most types of Florida family law cases including but not limited to Alimony, Uncontested Divorce Cases, Contested Divorce Cases, Paternity Cases, Chilld Support Cases, Child Custody Cases, Relocation Cases, Domestic Violence Cases, Equitable Distribution Cases, High Asset Net Worth Cases, Marital Settlement Agreement, Military Divorce, Professional Athlete Family Law, Business Executive Family Law and Temporary Relief.

61.076 Distribution of retirement plans upon dissolution of marriage.—

(1) All vested and non vested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution.

(2) If the parties were married for at least 10 years, during which at least one of the parties who was a member of the federal uniformed services performed at least 10 years of creditable service, and if the division of marital property includes a division of uniformed services retired or retainer pay, the final judgment shall include the following:

(a) Sufficient information to identify the member of the uniformed services;

(b) Certification that the Service members Civil Relief Act was observed if the decree was issued while the member was on active duty and was not represented in court;

(c) A specification of the amount of retired or retainer pay to be distributed pursuant to the order, expressed in dollars or as a percentage of the disposable retired or retainer pay.

(3) An order which provides for distribution of retired or retainer pay from the federal uniformed services shall not provide for payment from this source more frequently than monthly and shall not require the payor to vary normal pay and disbursement cycles for retired or retainer pay in order to comply with the order.

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Tampa Family Law Attorney

Whether you have or may be involved in a divorce  or other family law litigation, Top AVVO Rated Tampa Divorce Lawyer Nilo J. Sanchez, Jr. can provide you experienced legal representation. If you have a family law legal issue, please feel free to contact my office to schedule a consultation to discuss your unique family law related matter.

Tampa Rated Family Law Attorney and Divorce Lawyers Nilo Sanchez, P.A. is committed to accomplish your objectives depending upon your child support, family law, child custody, divorce and modification needs. With over 19 years of knowledge and experience dealing with Tampa divorce and family law, Mr. Sanchez’s objective is justice for your individual family law matter. Our office is located in Tampa and we serve clients in the following surrounding areas: Pasco and Pinellas Counties, Lutz, Wesley Chapel, Brandon, Apollo Beach, Plant City and Carrollwood.

High net worth Divorces, Enforcement, Qualified Domestic Relations Orders, Contested and Uncontested Divorces, Military Divorce, Parenting Plans, Visitation, Relocation, Marital Settlement Agreements, Prenuptials, Mediations, Modification of Court Orders, Guardianships, Guardian Ad Litem, Celebrity Family Law, Recovery of Attorney’s Fees, Post Judgment, Name Changes, Temporary Relief, Equitable Distribution of Assets and Liabilities, Alimony, Divorce Mediation, Child Support, Child Custody, Professional Athlete Family Law, Business Executive Family Law, Domestic Violence

In the State of Florida , divorce is governed under Chapter 61 of the Florida Statutes. In order to obtain a divorce, one of the parties to the marriage must reside in the State of Florida for six months before filing the FamilyPetition for Dissolution of Marriage.

Additionally, to obtain a divorce, the court must find that the marriage is irretrievably broken or that one of the parties has been adjudged to be incapacitated for a preceding period of at least three years.

There are many issues that may arise when a party seeks to obtain a divorce. For instance, the following issues may be present in a divorce case:

1.Children issues
2. Alimony
3.Distribution of Assets and Debts
4.Attorney’s Fees and Costs

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Tampa Family Law - Alimony and Divorce

When divorce as well as other family law challenges enter a family's life, it can be difficult to know where to turn.  Tampa Family Law Attorney Nilo J. Sanchez, Jr., has  extensive legal knowledge and experience in family law related matters and has provided the Tampa Bay community with 20 years of service.  At Sanchez & Associates, P.A. we assist you to ensure that you understand the various options available to you  regarding your unique family law matters.  For further information, please contact us at 813-879-4600 to schedule a consultation.

(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears.

(a)  The marriage is irretrievably broken.

(b)  Mental incapacity of one of the parties.  However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years.  Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues.  If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party.  If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party.  However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.

(2) Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence requirements of s. 61.021 are met which may be corroborated by a valid Florida Driver’s license, a Florida voter’s registration card, a valid Florida identification card issued under s. 322.051, or the testimony or affidavit of a third party, the court shall dispose of the petition for dissolution of marriage when the petition is based on the allegation that the marriage is irretrievably broken as follows:

(a) If there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of marriage if the court finds that the marriage is irretrievably broken.

(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:

1.  Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or

2.  Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the  parties themselves to effect a reconciliation; or

3.  Take such other action as may be in the best interest of the parties and the minor child of the marriage.

If, at any time, the court finds the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage.  If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage.

(3) during any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the parenting plan, support, maintenance, and education of the minor child of the marriage, attorney’s fees; and the preservation of the property of the parties.

(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried.  No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.

(5) The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.

(6) Any injunction for protection against domestic violence arising out of the dissolution of marriage proceeding shall be issued as a separate order in compliance with chapter 7.41 and shall not be included in the judgment of dissolution of marriage.

(7) In the initial pleading for a dissolution of marriage as a separate attachment to the pleading, each party is required to provide his or her social security number and the full names and social security numbers of each of the minor children of the marriage.

(8)  Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section.  Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage.  Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

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Divorce in Florida

Considering divorce is always arduous.   Whether you are sure you want to end your marriage or are still contemplating your choices, it helps to know the process of divorce law.  If you decide that  that divorce is essential, it is vital that you seek the assistance of an experienced family law attorney .   Involving an experienced and strategic Florida Family Law Attorney promptly in the divorce process is an important factor to maintain your long-term emotional well-being as well as your financial stability.

Divorce can be a very difficult and emotional time in a person's life.  If you are divorce in Hillsborough County, Pinellas County or Pasco County, Florida, Attorney Nilo J. Sanchez Jr. can clarify your alternatives as well as protect your legal rights and guide you through the divorce process.  1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears.

(a)  The marriage is irretrievably broken.

(b)  Mental incapacity of one of the parties.  However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years.  Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues.  If the incapacitated party has a general guardian an other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party.  If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party.  However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.

(2) Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence requirements of s. 61.021 are met which may be corroborated by a valid Florida Driver’s license, a Florida voter’s registration card, a valid Florida identification card issued under s. 322.051, or the testimony or affidavit of a third party, the court shall dispose of the petition for dissolution of marriage when the petition is based on the allegation that the marriage is irretrievably broken as follows:

(a) If there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of marriage if the court finds that the marriage is irretrievably broken.

(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:

1.  Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or

2.  Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the  parties themselves to effect a reconciliation; or

3.  Take such other action as may be in the best interest of the parties and the minor child of the marriage.

If, at any time, the court finds the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage.  If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage.

(3) during any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the parenting plan, support, maintenance, and education of the minor child of the marriage, attorney’s fees; and the preservation of the property of the parties.

(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried.  No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.

(5) The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.

(6) Any injunction for protection against domestic violence arising out of the dissolution of marriage proceeding shall be issued as a separate order in compliance with chapter 7.41 and shall not be included in the judgment of dissolution of marriage.

(7) In the initial pleading for a dissolution of marriage as a separate attachment to the pleading, each party is required to provide his or her social security number and the full names and social security numbers of each of the minor children of the marriage.

(8)  Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section.  Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage.  Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears.

(a)  The marriage is irretrievably broken.

(b)  Mental incapacity of one of the parties.  However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years.  Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues.  If the incapacitated party has a general guardian other than the party bringing the proceeding, thepetition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party.  If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party.  However, in alldissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.

(2) Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence requirements of s. 61.021 are met which may be corroborated by a valid Florida Driver’s license, a Florida voter’s registration card, a valid Florida identification card issued under s. 322.051, or the testimony or affidavit of a third party, the court shall dispose of the petition for dissolution of marriage when the petition is based on the allegation that the marriage is irretrievably broken as follows:

(a) If there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of marriage if the court finds that the marriage is irretrievably broken.

(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:

1.  Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or

2.  Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the  parties themselves to effect a reconciliation; or

3.  Take such other action as may be in the best interest of the parties and the minor child of the marriage.

If, at any time, the court finds the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage.  If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage.

(3) during any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the parenting plan, support, maintenance, and education of the minor child of the marriage, attorney’s fees; and the preservation of the property of the parties.

(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried.  No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.

(5) The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.

(6) Any injunction for protection against domestic violence arising out of the dissolution of marriage proceeding shall be issued as a separate order in compliance with chapter 7.41 and shall not be included in the judgment of dissolution of marriage.

(7) In the initial pleading for a dissolution of marriage as a separate attachment to the pleading, each party is required to provide his or her social security number and the full names and social security numbers of each of the minor children of the marriage.

(8)  Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section.  Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage.  Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

http://www.divorce-lawyer-tampa.net

Family Law Attorney Tampa - Child Custody and Time Sharing

If you need an experienced divorce lawyer, feel free to seek the assistance from a professional law firm with experience in handling family law cases and any and all other legal matters pertaining to the family. Florida Attorney Nilo J. Sanchez, Jr. has over 19 years of experience in assisting Hillsborough , Pasco and Pinellas residents to resolve their family law issues.

Mr. Sanchez is a knowledgeable and strategic family law attorney who is able to advise you or your loved ones in the detailed processes of family law and use his experience to your advantage.

Child Custody & Timesharing

Child Custody and Support lawyer Nilo Sanchez & Associates in Tampa understands that child custody cases can often be very emotional and complex. Hiring a child custody lawyer in Tampa to ensure that time sharing, visitation, child custody and child support are handled aggressively is important. Nilo Sanchez & Associates has 19 years handling child custody cases in the Tampa bay area, therefore, you can be confident that you are hiring a Tampa family lawyer who is experienced in this particular area. We will do our very best to ensure that you are receiving the best assistance for your child custody case.

If you need an experienced divorce or family lawyer in Tampa who will handle your child custody case, Nilo Sanchez & Associates located in Tampa Bay has the extensive experience you need. We know that your family is important to you and you deserve to be represented by a Child Custody lawyer in Tampa who can litigate matters such as establishing paternity, time sharing and visitation, child support, modification of divorce orders including the relocation of the children as well as paternity and other family law matters. Nilo Sanchez & Associates is a divorce lawyer located in Tampa, Florida who will provide resolutions that are in the best interest of all parties involved.

Protecting your parental rights while insuring that the children’s best interests are at the forefront takes a seasoned Tampa Child Custody Lawyer and one that understands the complexity of some child custody cases. We know that when parents are dealing with child custody and  and divorce it is often times a very emotionally charged time. Child Custody Lawyers in Tampa bay who represent clients who are divorcing and need assistance with time sharing, visitation and even modifications of child custody orders should be experienced in litigating child custody and be family law specialists. 

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Temporary Custody of Minor Children by Extended Family

TEMPORARY CUSTODY OF MINOR CHILDREN BY EXTENDED FAMILY

In the State of Florida,the temporary custody of minor children can be awarded to an extended family member. Chapter 751 of the Florida Statues, sets forth  the requirements that must be met in order for custody of a minor child to be awarded to an extended family member.

The purpose of Chapter 751 is to provide for the welfare of a minor child who is living with extended family members. These family members are unable to give complete care to the child in their custody because they lack a legal document that explains and defines their relationship to the child, and they are unable to effectively consent to the care of the child by third parties. When child custody is awarded to an extended family member under Chapter 751,  the extended family member can consent to all necessary and reasonable medical and dental care for the child, including non-emergency surgery and psychiatric care.  Additionally, the extended family member can secure copies of the minor child’s records, held by third parties, that are necessary for the care of the child, including but not limited to:

1.      Medical, dental, and psychiatric records.

2.      Birth certificates and other records.

3.      Educational records.

The extended family members, who are awarded temporarycustody under Chapter 751, can also enroll the child in school and grant or withhold consent for a child to be tested or placed in special school programs, including exceptional education.  In essence, the extended family member, under Chapter 751, can do all other things necessary for the care of the child.

Pursuant to Florida Statute 751.011,  an extended family member means a person who is:

(a)    A relative of a minor child within the third degree by blood or marriage to the parent; or

(b)    The stepparent of a minor child if the stepparent is currently married to the parent and is not a party in a pending divorce case or other civil or criminal proceeding involving one or both of the child’s parents as an adverse party.   

To obtain additional information  concerning  extended family members obtaining temporary custody of a minor child, contact Top Tampa Family and Divorce Attorney Nilo J. Sanchez Jr who is experienced with all of your family law issues.

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Tampa Divorce Attorney - Dissolution of Marriage

Attorney Nilo J. Sanchez Jr. has over 19 years experience as a Tampa divorce lawyer. If you're considering hiring an attorney, it is important to hire a Tampa divorce attorney  whose specialty is family law to represent you.  Mr. Sanchez is a top AVVO rated divorce lawyer and believes that nothing is more important than you and your family. There are many divorce lawyers in Tampa to chose from and finding one who strives to provide individualized and caring representation for your Family Law needs can be crucial to obtaining favorable long term results.   Attorney Nilo J Sanchez Jr.  has a proven track record in all areas of Family Law in Tampa Bay and is committed to creating legal strategies that are results-oriented with goals to assist you in making choices that will ultimately be in the best interest of your loved ones.
 61.052 Dissolution of Marriage—

(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:

(a) The marriage is irretrievably broken.

(b) Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years. Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues. If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party. If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party. However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.

(2) Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence requirements of s. 61.021 are met which may be corroborated by a valid Florida driver’s license, a Florida voter’s registration card, a valid Florida identification card issued under s. 322.051, or the testimony or affidavit of a third party, the court shall dispose of the petition for dissolution of marriage when the petition is based on the allegation that the marriage is irretrievably broken as follows:

(a) If there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage if the court finds that the marriage is irretrievably broken.

(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:

1. Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or

2. Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation; or

3. Take such other action as may be in the best interest of the parties and the minor child of the marriage.

If, at any time, the court finds that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage. If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage.

(3) During any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the parenting plan, support, maintenance, and education of the minor child of the marriage; attorney’s fees; and the preservation of the property of the parties.

(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried. No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.

(5) The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.

(6) Any injunction for protection against domestic violence arising out of the dissolution of marriage proceeding shall be issued as a separate order in compliance with chapter 741 and shall not be included in the judgment of dissolution of marriage.

(7) In the initial pleading for a dissolution of marriage as a separate attachment to the pleading, each party is required to provide his or her social security number and the full names and social security numbers of each of the minor children of the marriage.

(8) Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section. Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.