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.

Alimony Law in Florida

Entering the divorce process can be a very difficult and challenging time in a person’s life.  A divorce is the dissolution of a unique relationship that was once created.  The dissolving of this unique relationship is further complicated when the financial realities are faced and confronted.  It is a given that couples can live typically more financially secure under one roof than what can be achieved by being in separate residences.  Often times one spouse is dependent upon the other for financial assistance.  The spouse needing assistance may seek a form of alimony from the other spouse.  Alimony is based upon the years of marriage, the need of one spouse, the ability of the other spouse and is in consideration of the standard of living enjoyed during the course of the marriage. Hiring a divorce lawyer in Tampa who is experienced in areas of alimony can help you through this difficult transition.

For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing for divorce.

Under Florida law, the court can order bridge-the-gap, rehabilitative alimony, durational, permanent alimony or any combination of these forms of alimony.  Bridge-the-gap alimony is to assist one spouse in making the transition from being married to being single. Bridge-the-gap alimony may not exceed 2 years.  Bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of bridge-the-gap alimony is not  modifiable in amount or duration. It is wise to seek an experienced  divorce lawyer in Tampa who can assist you with your alimony case.

To assist you in determining whether alimony is a potential in your divorce case, contact our office at Attorney Nilo J. Sanchez Jr. 813 879 4600 to discuss your case in greater detail. With over 19 years as divorce lawyers in Tampa bay you can be confident that you’re hiring a lawyer with extensive knowledge of alimony, child support,custody and time sharing litigation experience.


61.08 Alimony

(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative durational, or permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.

(2) In determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance. If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)-(8), the court shall consider all relevant factors, including, but not limited to:

(a) The standard of living established during the marriage.

(b) The duration of the marriage.

(c) The age and the physical and emotional condition of each party.

(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

(g) The responsibilities each party will have with regard to any minor children they have in common.

(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.

(j) Any other factor necessary to do equity and justice between the parties.

(3) To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose.

(4) For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.

(5) Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of bridge-the-gap alimony shall not be modifiable in amount or duration.

(6)(a) Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either:

1. The redevelopment of previous skills or credentials; or

2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.

(b) In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan which shall be included as a part of any order awarding rehabilitative alimony.

(c) An award of rehabilitative alimony may be modified or terminated in accordance with s. 61.14based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan.

(7) Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. However, the length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.

(8) Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), following a marriage of moderate duration if such an award is appropriate based upon clear and convincing evidence after consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are written findings of exceptional circumstances. In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with s. 61.14.

(9) The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.

(10)(a) With respect to any order requiring the payment of alimony entered on or after January 1, 1985, unless the provisions of paragraph (c) or paragraph (d) apply, the court shall direct in the order that the payments of alimony be made through the appropriate depository as provided in s. 61.181.

(b) With respect to any order requiring the payment of alimony entered before January 1, 1985, upon the subsequent appearance, on or after that date, of one or both parties before the court having jurisdiction for the purpose of modifying or enforcing the order or in any other proceeding related to the order, or upon the application of either party, unless the provisions of paragraph (c) or paragraph (d) apply, the court shall modify the terms of the order as necessary to direct that payments of alimony be made through the appropriate depository as provided in s. 61.181.

(c) If there is no minor child, alimony payments need not be directed through the depository.

(d)1. If there is a minor child of the parties and both parties so request, the court may order that alimony payments need not be directed through the depository. In this case, the order of support shall provide, or be deemed to provide, that either party may subsequently apply to the depository to require that payments be made through the depository. The court shall provide a copy of the order to the depository.

2. If the provisions of subparagraph 1. apply, either party may subsequently file with the depository an affidavit alleging default or arrearages in payment and stating that the party wishes to initiate participation in the depository program. The party shall provide copies of the affidavit to the court and the other party or parties. Fifteen days after receipt of the affidavit, the depository shall notify all parties that future payments shall be directed to the depository.

3. In IV-D cases, the IV-D agency shall have the same rights as the obligee in requesting that payments be made through the depository.

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Tampa Florida Dissolution of Marriage

Attorney Nilo J. Sanchez, Jr., has been practicing family law for approximately 20 years in the Tampa Bay and surrounding area.  He is experienced in dissolution of marriage, child support,child custody, relocation, paternity cases in the Tampa, Florida area.  Mr. Sanchez realizes that not all dissolution of marriage cases are alike and require individualized attention to achieve the best results for his clients.

Dissolution of Marriage

(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 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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Equitable Distribution

As a Tampa Family Law Firm, (Attorney Nilo J. Sanchez, Jr.) we are committed to assisting our clients and protecting their financial well-being in all family law related matters such as divorce, child custody, equitable distribution, child support, paternity, spousal support, relocation, visitation rights and other family law related matters.

If you are contemplating a divorce, we are able to assist you by seeking an appropriate property division and fairness in alimony  and child support orders.  Mr. Sanchez is committed to creating legal strategies that are results-oriented, always bearing in mind the goal is to make choices that will ultimately be in the best interest for you and your loved ones.  

At Sanchez and Associates PA, we have been providing high quality legal services to the people of Tampa since 1993.  Mr. Sanchez strives to provide only the most individualized and caring representation for your family law needs.  

For further information regarding your unique family law case, contact us to speak with an experienced Family law attorney at Sanchez and Associates, P.A.  Contact our Tampa Family Lawyer, today at 813-879-4600 to schedule a consultation.

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Equitable Distribution

The Equitable Distribution of assets and debts in Florida is governed by Florida Statute 61.0075. Pursuant to this statute, the Florida Court is required to set apart to each spouse that spouses’s non-marital assets and liabilities .  In distributing the marital assets and liabilities between the parties (husband and wife), the court must begin with the premise that the distribution should be equal between the parties, unless there is justification for an unequal distribution based upon relevant factors.

Assets and Liabilities that are not subject to distribution between the parties are non-marital assets and non-marital and liabilities. Non-marital assets and non-marital liabilities include:

1. Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities;
2. Assets acquired separately by either party by non-interspousal gift, inheritance, and assets acquired in exchange for such assets;
3. All income derived from non-marital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital assets.
4. Assets and liabilities excluded as marital by a valid agreement between the parties.
5. Any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse.  Any such liability shall be a non-marital liability only of the party having committed the forgery.

The cut-off date for determining assets and liabilities to be identified or classified as marital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for divorce.

The date for determining  value of assets and the amount of liabilities classified as marital is the date or dates as the judge determines is just and equitable under the circumstances.  The Court can value different assets by using different dates.

In general, all assets acquired and liabilities incurred by either spouse after the date of marriage and that are not otherwise classified as non-marital, are presumed to be marital assets and liabilities, subject to distribution between the parties by the Court.

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Tampa Divorce and Child Support Attorney

Tampa Child Support and Divorce Attorney Nilo Sanchez Jr. is able to work with you to develop a legal plan to fit your Florida Family Law needs and goals whether they be filing for divorce, modifying your alimony due to changing circumstances, enforcing child support payments for the support of your child, and more. Every divorce case is unique because the people involved are unique. Call us today to schedule your consultation and discuss how Tampa Child Support and Divorce Attorney Nilo Sanchez Jr. can assist you with your unique legal challenges.

Florida Statutes 61.29, 1, 2 & 3 Child Support guidelines; principles:

(1) The guidelines schedule is based on the parent’s combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household.

(2)The guidelines schedule is based on the parent’s combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household.

(3)The guidelines encourage fair and efficient settlement of support issues between parents and minimizes the need for litigation.With over 19 years litigating divorce cases in Tampa Bay, Tampa child support lawyer Nilo J. Sanchez & Associates offers a high degree of skill, knowledge and experience in family law, including matters of child support.Obtaining the appropriate amount of child support through a court order along with the enforcement of child support is often necessary for the survival of your family. If you are not getting child support you should contact a Tampa Child Support Lawyer for help. Depending on your circumstances, you may need to first establish paternity or file for dissolution of marriage or ask the courts for temporary emergency child support. There are numerous factors that can effect your ability to obtain child support from an absentee parent, but hiring a Tampa Child Support Lawyer may assist you in getting the child support that your family needs.

Top AVVO rated Child Support and Divorce Attorney 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.

The court reserves jurisdiction (authority) to enforce child support.  By filing a Motion for an Order of Contempt and/or Motion for Order of Enforcement, Top AVVO rated Child Support Lawyer Nilo Sanchez is able to seek for his clients court enforcement of the ordered child support obligation by requesting the court to impose punitive measures against the non-paying parent.  The punitive measures could include but not limited to an order remanding the non-paying parent to a sentence of incarceration and could also include an award of attorney’s fees and costs against the non-paying parent.

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