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The Ticktin Minute February 20, 2017 – Annulment and Divorce Law in Florida

Not everyone who decides to get married stays married. If you fall into this unfortunate circumstance where your marriage is heading for failure, then you have a few remedies. The remedies for an ending marriage are different depending on when the end occurs. In Florida, a marriage can be end in one of two ways: Annulment and Divorce. An annulment is a court decree that a marriage is void. In other words an annulment basically states that a legal marriage never actually took place. Since there are very specific guidelines to seek annulment in Florida, it is most often times more practical to seek a divorce. For purposes of this blog, we will focus on the requirements of a Florida Annulment.

As mentioned above, when a couple annuls their marriage, the court makes it so that the marriage never existed. Ultimately, an annulment stems from contract law, since marriage is a contract in common law. A marriage contract that is annulled is done so based on the concept of voidable contracts. Voidable contracts are contracts that are valid and enforceable, however, they can be terminated by the innocent party without triggering breach of contract. A marriage that was created by fraud or duress will provide grounds for annulment. If one or both of the parties are underage and have not obtained the consent of their parents will also allow for a marriage to be annulled by one or both of the parties. Florida courts may sometimes even allow the parents of the child to seek an annulment in some circumstances. Other grounds for annulment include incapacity, marriage under the influence of alcohol and/or drugs, bigamy and/or incest. To seek an annulment, you should hire a knowledgeable divorce attorney to assess whether you qualify and if you do, to file annulment paperwork with the county court where you live.

Contact the attorneys of The Ticktin Law Group to assist you with Divorce, Family Law and/or any other legal issues you may have.

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The Ticktin Minute February 13, 2017 – Florida Divorce Process

In order to seek a divorce and/or annulment in Florida, multiple hoops need to be jumped through with regard to the court process. The first step in the process is to seek a knowledgeable divorce attorney to assist you with the process and to determine whether you qualify for an annulment or whether you must seek a full divorce. Failure to seek professional help with regard to the divorce may result in filing the wrong forms and/or delay in the divorce process.

The first step in seeking a divorce is to determine which court to file the divorce Petition in. The Petition should be filed in the county where the marital residence or homestead exists. The spouse seeking the divorce is called the “Petitioner” and the other spouse is called the “Respondent.”

In Florida, to seek a divorce, the marriage must be irretrievably broken. In other words, the marriage must have failed to the point of no return. The other way to obtain a divorce in Florida is to prove that one of the spouses have been mentally incapacitated for three (3) years prior to filing the Petition. The court can still consider other factors, such as cruelty and infidelity when considering alimony and/or marital support payments, however, if the marriage is not irretrievably broken, then the divorce has no grounds for filing.

The next step is serving the forms onto the other party. Depending on the situation, this can be done as easily as the other party accepting or as difficult as a Sheriff delivering the Petition onto your spouse. After service has occurred, there are certain financial disclosures that need to be prepared and submitted to your spouse within forty-five (45) days of the Divorce Petition. Then comes mandatory mediation prior to the setting of the court date. Once the court date comes near, the parties may either settle or head to court. In court, the judge will make an order with regard to the divorce, alimony, child support and the division of assets.

Contact the attorneys of The Ticktin Law Group to assist you with Divorce, Family Law and/or any other legal issues you may have.

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The Ticktin Minute – February 06, 2017 Grounds for Divorce in Florida

Ending a marriage is not an easy step or decision to make for anyone, but in some cases it is absolutely necessary. Every state has different rules with regard to the divorce process. For instance, grounds for granting a divorce typically vary from state to state. Of course, Florida is no exception to this rule. It is important to know the rules in your state to ensure the process goes as smoothly as possible.

In Florida, the term “divorce”, or dissolution of marriage, is the legal definition of ending a marriage. Two of the grounds courts will grant a divorce in Florida are as follows:

  1. The marriage is “irretrievably broken” and can never be fixed; or
  2. One of the parties has been declared mentally incapacitated by a judge at least three (3) years before filing for divorce.

The second case “mentally incapacitated as adjudicated by a judge at least three (3) years prior to filing for divorce” is not as commonly used as the first ground for divorce. It would seem logical why this is so. It is limited to cases of incapacity and is extremely burdensome. That leaves the first option as the most common ground for divorce in Florida.

Irretrievably broken typically means that the married couple has such fundamental differences or disputes with regard to every day life that the marriage is deemed completely broken without any possibility for repair. If there are children, however, the Petition may be denied initially and the Petitioners (husband and wife) may be forced to seek counseling with a continuance of the proceedings for a few months. The court may also take any other actions that may be in the best interests of the parties involved. In other words, the irretrievably broken ground is easiest and quickest to claim when there are no children involved.

Contact the Attorneys of The Ticktin Law Group to discuss your divorce and/or family law options. We offer complimentary consultations!

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Ticktin Minute August 29, 2016 – Common Question and Answers Regarding the Divorce Process

Common Question and Answers Regarding the Divorce Process

Filing for divorce is never easy, but knowing the law will make the process go much smoother for both parties involved. Divorce is defined as the legal dissolution of a marriage by a court or other competent body.

The most common question our clients ask is under what circumstances can a divorce petition be filed against their spouse. Well, generally, Florida is a no-fault state. That means that one spouse can file for divorce for any reason or for no reason at all. No-fault divorces occur when the marriage becomes irretrievably broken. However, there may still be complications when it comes to determining child support/custody matters and/or settlement of alimony payments. There is also another divorce process in Florida called the “simple divorce.” This procedure can only be utilized under the following circumstances:

  • The parties agree that the marriage cannot be saved;
  • There are no minor or dependent children born from the marriage;
  • The wife is not currently pregnant;
  • The parties have determined how to divide their assets and liabilities;
  • There are no alimony settlements involved; and
  • The parties agree to sign the Petitions and go to the final hearing together.

The second most common question clients ask is how long the divorce process takes. An uncontested divorce is a much shorter process than a contested divorce. An uncontested divorce can be resolved in as little as four (4) to six (6) weeks as long as both parties cooperate and fill out all of the required legal applications. If there are unresolved issues in the divorce such as alimony, child custody and/or child support, the process can become much lengthier – up to six (6) months or more.

If you are interested in obtaining a divorce and/or need help with a child support or custody matter, contact the attorneys of The Ticktin Law Group for a free consultation.

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Victory in a Family Law Trial

Our Palm Beach Attorney, Jon Hodges, recently obtained an outstanding result for one of our Family Law clients at trial.

There were numerous issues at trial, including a determination on alimony, distribution of the marital assets, and tax related issues.

Jon’s hard work and preparation paid off when, at the conclusion of the trial, the Judge found his argument convincing and ruled in our client’s favor on every substantive issue.

Need an attorney? Just dial **LAW!

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