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Experienced Tampa Florida Divorce and Child Support Attorney Nilo Sanchez understands that each family law case is unique and requires individualized legal representation. Mr. Sanchez strives to achieve result-oriented goals through strategic legal representation. In practice since 1993, the Tampa Florida Family Law Firm handles a full range of family law matters such as: uncontested and contested divorce , child custody, child support, divorce modifications and enforcement orders, supplemental petitions, parental relocation, paternity, domestic violence, marital settlement agreements, mediations, high asset divorces or high net worth divorce cases, military divorces, alimony or modification of alimony and property settlement or equitable distribution cases.
We know that you and your family is important and that you depend on an experienced child Custody Attorney in Tampa who can litigate matters such as establishing paternity, timesharing and visitation, child support, modification of divorce orders including the relocation of the children as well as paternity and other family law related matters.
Please call our office to schedule a confidential consultation to discuss your unique family law needs at 813-879-4600.
http://www.divorcelawyer-tampa.com
Showing posts with label divorce tampa. Show all posts
Showing posts with label divorce tampa. Show all posts
Wednesday, July 31, 2013
Tuesday, July 23, 2013
Child-custody-time-sharing
Child Custody and Time Sharing
Tampa Divorce Attorney Nilo J. Sanchez, Jr. is dedicated to achieving result oriented goals based upon your family law needs. Mr. Sanchez has more than 20 years of experience practicing family law in Florida. He practices in Hillsborough County, Pasco County and Pinellas County.
Tampa Divorce Attorney Nilo J. Sanchez, Jr. is dedicated to achieving result oriented goals based upon your family law needs. Mr. Sanchez has more than 20 years of experience practicing family law in Florida. He practices in Hillsborough County, Pasco County and Pinellas County.
Child Custody Attorney Nilo Sanchez located in Tampa understands that child custody cases and other family law issues can often be very emotional and complex. Hiring a child custody lawyer in Tampa to ensure that timesharing, visitation, child custody and child support are handled aggressively is important. Attorney Sanchez has many years of experience in handling child custody cases in the Tampa bay area, therefore, you can be assured that you are hiring a seasoned lawyer who is experienced in this particular area. We will do all that we can 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, timesharing 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 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.
Nilo Sanchez & Associates is a compassionate yet aggressive child custody and divorce lawyer in Tampa who you can depend upon for all of your family law needs. Please call our office for a consultation at 813- 879 4600. Click here for more information about hiring a child custody lawyer in Tampa.
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, timesharing 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 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.
Nilo Sanchez & Associates is a compassionate yet aggressive child custody and divorce lawyer in Tampa who you can depend upon for all of your family law needs. Please call our office for a consultation at 813- 879 4600. Click here for more information about hiring a child custody lawyer in Tampa.
Wednesday, May 29, 2013
Family Law and Mediation
Family Mediation
Tampa Divorce Attorney Nilo J. Sanchez, Jr. has been practicing family law for 20 years. If you have a family law concern and have inquiries regarding how a Florida Family Law mediator could assist, please contact our office. The detailed information below explains the process of mediation and how it is often required for contested divorce issues such as child custody, alimony, child support and other like matters.
Mediation is a process whereby the parties are given the opportunity to resolve their case without the need of litigating their issues before the court in a contested hearing. In some circumstances, the parties are able to resolve their case in full or in part by entering into a binding settlement agreement. The courts typically require the parties to attend mediation prior to allowing the parties the opportunity of bringing a contested issue before the court for resolution.
The mediator is typically an individual who is court certified as a mediator and/or an attorney who is familiar with family law matters. The mediator does not have the authority to make any rulings or determinations for the parties concerning the case. However, the mediator controls the mediation process and the mediator attempts to facilitate the parties with reaching an agreement. The mediator is not permitted to offer either party any form of legal advice. The parties usually attend the mediation with their attorneys who are there to advise their respective clients on the law concerning their issues.
With limited exceptions, the matters discussed and addressed during mediation are confidential and cannot be used against either party in court. As such, the parties are generally encouraged to engage in open and free communication in an effort to obtain an agreement. Often times if an agreement is reached, the mediator, with the assistance and guidance of the parties’ attorneys, drafts an agreement that is signed by the parties’ at mediation. The mediation agreement is then filed with the court and an Order is entered by the court that approves and incorporates the parties’ mediation agreement.
If successful, mediation can and often results in the parties’ saving significant dollars in attorney’s fees and costs. Mediation affords the parties the opportunity to be creative with the resolution of their case and allows the parties to achieve certainty of the outcome as opposed to placing the decision-making authority with the court.
For assistance with your divorce case in Tampa, Clearwater, Wesley Chapel, Carrollwood, New Tampa, Lutz or St. Petersburg please contact our Family Law office located in Tampa. With 20 years of experience as a divorce lawyer in Tampa Bay, Nilo Sanchez & Associates can aggressively handle your divorce matters, including modifications of child support, alimony, parental relocation and timeshare.
http://divorce-lawyer-tampa.net
Tampa Divorce Attorney Nilo J. Sanchez, Jr. has been practicing family law for 20 years. If you have a family law concern and have inquiries regarding how a Florida Family Law mediator could assist, please contact our office. The detailed information below explains the process of mediation and how it is often required for contested divorce issues such as child custody, alimony, child support and other like matters.
Mediation is a process whereby the parties are given the opportunity to resolve their case without the need of litigating their issues before the court in a contested hearing. In some circumstances, the parties are able to resolve their case in full or in part by entering into a binding settlement agreement. The courts typically require the parties to attend mediation prior to allowing the parties the opportunity of bringing a contested issue before the court for resolution.
The mediator is typically an individual who is court certified as a mediator and/or an attorney who is familiar with family law matters. The mediator does not have the authority to make any rulings or determinations for the parties concerning the case. However, the mediator controls the mediation process and the mediator attempts to facilitate the parties with reaching an agreement. The mediator is not permitted to offer either party any form of legal advice. The parties usually attend the mediation with their attorneys who are there to advise their respective clients on the law concerning their issues.
With limited exceptions, the matters discussed and addressed during mediation are confidential and cannot be used against either party in court. As such, the parties are generally encouraged to engage in open and free communication in an effort to obtain an agreement. Often times if an agreement is reached, the mediator, with the assistance and guidance of the parties’ attorneys, drafts an agreement that is signed by the parties’ at mediation. The mediation agreement is then filed with the court and an Order is entered by the court that approves and incorporates the parties’ mediation agreement.
If successful, mediation can and often results in the parties’ saving significant dollars in attorney’s fees and costs. Mediation affords the parties the opportunity to be creative with the resolution of their case and allows the parties to achieve certainty of the outcome as opposed to placing the decision-making authority with the court.
For assistance with your divorce case in Tampa, Clearwater, Wesley Chapel, Carrollwood, New Tampa, Lutz or St. Petersburg please contact our Family Law office located in Tampa. With 20 years of experience as a divorce lawyer in Tampa Bay, Nilo Sanchez & Associates can aggressively handle your divorce matters, including modifications of child support, alimony, parental relocation and timeshare.
http://divorce-lawyer-tampa.net
Thursday, May 23, 2013
Alimony in Florida
There are different types of alimony that can be awarded in a Florida divorce case. I will use my experience as a Tampa, Florida divorce lawyer to ensure effective representation when the court is determining alimony in your divorce case. If your divorce case is in Hillsborough, Pasco or Pinellas County, Florida, please contact me for more information about how I can help you with your alimony case or modifications of current alimony.
Types of Alimony Considered in Florida Divorces:
Rehabilitative Alimony - Awarded to assist a party in establishing self-support.
Durational Alimony - Awarded when permanent periodic alimony is inappropriate.
Permanent Alimony - Awarded following a marriage of long duration if such an award is appropriate.
To learn more about laws that govern alimony in the State of Florida, please read:
Types of Alimony Considered in Florida Divorces
Florida Statute 61.08 Alimony
After equitable distribution, the court may consider an alimony award. The court may grant alimony to either the husband or the wife. Rehabilitative alimony may be for a limited period of time to assist in redeveloping skills and financial independence. Parties requesting rehabilitative
alimony must have a plan for their rehabilitation such as the cost of going to school to improve skills and marketability. Bridge-the-gap alimony allows a party to make the transition from married to single life which may include the need to obtain a vehicle and/or money to find a place
to live. Permanent alimony continues until the receiving spouse’s remarriage or the death of either party. The court can also order alimony for a certain period of time, which is called durational alimony. Rehabilitative, permanent, and durational alimony generally are paid periodically
(i.e., monthly or semi-monthly); bridge-the-gap alimony can be paid in a lump sum at one time, or may be paid over a very short period of time. The court may also order lump-sum alimony where one party pays to the other party a lump-sum payment of money or property.
In awarding alimony, the court considers factors such as the parties’ prior standard of living; length of the marriage; age and physical and emotional condition of both spouses; each spouse’s financial resources and income producing capacity of the assets they receive; the time necessary to acquire sufficient education or training to find appropriate employment; and the services rendered in homemaking, child rearing, and education and career building of the other spouse. The court may consider any other factor necessary to do equity and justice between the husband and wife. You have the right to obtain information about your spouse’s income and assets through the use of discovery procedures. Discovery includes exchange of documents
and answers to written or oral questions.
For assistance with obtaining or modifying alimony in your divorce case, please contact us at 813-879-4600.
http://www.divorce-lawyer-tampa.net
Types of Alimony Considered in Florida Divorces:
Rehabilitative Alimony - Awarded to assist a party in establishing self-support.
Durational Alimony - Awarded when permanent periodic alimony is inappropriate.
Permanent Alimony - Awarded following a marriage of long duration if such an award is appropriate.
To learn more about laws that govern alimony in the State of Florida, please read:
Types of Alimony Considered in Florida DivorcesFlorida Statute 61.08 Alimony After equitable distribution, the court may consider an alimony award. The court may grant alimony to either the husband or the wife. Rehabilitative alimony may be for a limited period of time to assist in redeveloping skills and financial independence. Parties requesting rehabilitative
alimony must have a plan for their rehabilitation such as the cost of going to school to improve skills and marketability. Bridge-the-gap alimony allows a party to make the transition from married to single life which may include the need to obtain a vehicle and/or money to find a place
to live. Permanent alimony continues until the receiving spouse’s remarriage or the death of either party. The court can also order alimony for a certain period of time, which is called durational alimony. Rehabilitative, permanent, and durational alimony generally are paid periodically
(i.e., monthly or semi-monthly); bridge-the-gap alimony can be paid in a lump sum at one time, or may be paid over a very short period of time. The court may also order lump-sum alimony where one party pays to the other party a lump-sum payment of money or property.
In awarding alimony, the court considers factors such as the parties’ prior standard of living; length of the marriage; age and physical and emotional condition of both spouses; each spouse’s financial resources and income producing capacity of the assets they receive; the time necessary to acquire sufficient education or training to find appropriate employment; and the services rendered in homemaking, child rearing, and education and career building of the other spouse. The court may consider any other factor necessary to do equity and justice between the husband and wife. You have the right to obtain information about your spouse’s income and assets through the use of discovery procedures. Discovery includes exchange of documents
and answers to written or oral questions.
For assistance with obtaining or modifying alimony in your divorce case, please contact us at 813-879-4600.
http://www.divorce-lawyer-tampa.net
Tuesday, May 21, 2013
Modification of Child Support
If you have child support modification issues it is important to consult with an attorney who is skilled and experienced. Please contact Sanchez and Associates, P.A. Tampa Child Support attorney, Nilo J. Sanchez, Jr. at 813-879-4600 to schedule a consultation.
If you have child support modification issues it is important to consult with an attorney who is skilled and experienced. Please contact Sanchez and Associates, P.A. Tampa Child Support attorney, Nilo J. Sanchez, Jr. at 813-879-4600 to schedule a consultation.
Top AVVO Rated Child support lawyer Nilo J. Sanchez, Jr. located in Tampa, Florida often assists clients with the establishment of child support as well as with the enforcement and modification of child support orders. Top AVVO Rated Child Support in Florida is governed under Florida Statute 61.30. In determining child support, the court looks to many factors including, but not limited to each parties’ net income and the time-sharing schedule of the child between the parties. Under Florida law, both parents are required to contribute towards the support of their children. You should make sure you consult with an experienced Top AVVO Rated Tampa family law lawyer to fully comprehend all aspects of child support as it relates to your child support case.
Top AVVO Rated Child Support Lawyer Nilo Sanchez is able to assist clients in obtaining the child support amounts he/she is entitled to under Florida law, either through negotiations or in a contested court hearing. Nilo Sanchez assists his clients in obtaining court-approved child support modifications when their economic circumstances substantially change since the entry of the Final Judgment. When a parent’s economic situations change substantially, it may be possible for that parent to modify their child support by filing a Supplemental Petition for Modification. Additionally, substantial changes to a parent’s time-share schedule may also warrant and justify a modification of child support.
Monday, May 20, 2013
Tampa Family Law Attorney
Whether it’s child custody, alimony, divorce, child support, paternity, high asset net worth divorce, or another family law service that you are seeking, Attorney Nilo J. Sanchez, Jr. is a family attorney located in the Tampa Bay area. Nothing is more vital than your family. Mr. Sanchez strives to provide only the most individualized and caring representation for your family law needs. He is committed to creating legal strategies that are results-oriented, always bearing in the goal is to make choices that will ultimately be in the best interest for your loved ones. Mr. Sanchez specializes in handling any of the following types of Tampa, Florida family law matters. Hiring an extensively skilled divorce attorney with many years of experience in high asset divorce is often essential to protect individual investments.
(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 on 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 e 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.
Saturday, May 18, 2013
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.
Thursday, May 16, 2013
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.
(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.
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.
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