Educate and inform your client about the virtual mediation process. The information does not have to be exclusively about a “virtual mediation”, but it should provide the parties some idea of the process, as well as mediations in general. The parties should receive the information well in advance of their mediation to allow time for feedback or questions. A follow-up with the them, prior to their mediation, is advised so they can know what to expect during the process.
Prior to the mediation get to know your virtual platforms and their nuances. Zoom, Skype and Microsoft Teams all have different features and capabilities. Practice with the mediator, friends and/or family before your mediation. Some things to consider – Ethernet connections are always preferred; make sure the mediator can caucus in private “virtual rooms”; have a secondary means of communication available, e.g. a Phone, tablet, laptop or desktop.
Privacy & Confidentiality –
The mediation environment should be safe and private to maintain confidentiality. A mediation can only be as secure as the people involved. Have your client periodically scan the room with their device to set the tone of security and privacy. It is important to discuss these topics with your client in advance of the mediation.
Unexpected Issues –
Expect the unexpected. Have a plan in place in case of a technology issue and let your client know ahead of time. If using a phone, keep a tablet nearby or have another device available. The attending parties may not be familiar with the platforms, technology and devices being used. A problem at the beginning of, or during, the mediation may result in frustrating a party and derailing the process.
Listen, Observe & Learn –
The virtual mediation process can be very successful one, despite the nuances. A party’s body language or facial expressions may be misinterpreted. Background distractions with animals, ceiling fans or bright lights can interfere with the process as well. Minimize the stumbling blocks by letting the attendees know at the beginning of the mediation to help ensure a successful process.
Distribution of assets can be one of the most complicated areas of a Family Court attorney‘s practice since it involves emotions as well as intricate legal considerations. In almost every dissolution of marriage, there is some property which is the source of disagreement. That is where the experience of our Tampa divorce attorneys at The Law Office of Amber Boles come into play.
Experienced matrimonial attorneys understand how to distribute what is known as “marital property“ pursuant to Florida law. This experience offers clients the steady hand that is needed during what is often a very hotly contested matter. Property that is acquired during the course of the marriage is considered marital property. Such property is normally divided equally between the parties. In the case of real property, like a home, it is often sold and the net proceeds are split between the parties. Real property is normally the biggest issue when it comes to that division of property. It is divided based upon when it was acquired during the marriage and how – and by whom – it has been paid for.
Property acquired by way of inheritance is typically exempt from equitable distribution. However, there are some circumstances where it can be considered.
Typically, the parties use marital assets to pay the mortgage, taxes, insurance and maintenance. This subjects the property to an equitable distribution between the spouses. If the parties cannot agree on a “agreement”, the property may be sold and the net proceeds divided.
Any property that was acquired prior to marriage is not considered marital property and is not subject to equitable distribution. However, if marital assets are used to maintain the property, then a certain percentage of that property may be subject to equitable distribution. This could result in a “buy out” from one party to another or will result in the sale of the property and the parties receiving their pro rata share of the proceeds.
As you can see, these can be extremely complicated legal issues that should only be left to skilled Tampa divorce lawyers.
Parties to a dissolution of marriage may also have other property that needs to be divided.
- Liquid assets are normally divided equally unless one party can show they are entitled to them exclusively, which is rare.
- Collectibles and other such property are normally divided based upon when the property was acquired and the respective interests of the parties.
- Items such clothing, furniture and things of that nature are typically left to the parties to determine. Of course, if the parties cannot handle that amongst themselves, the attorneys will handle it but it is costly and not a wise move.
In most cases, property that is acquired before the marriage is not subject to equitable distribution unless a part of it was paid for by marital property after the parties were married. Any property acquired after the marriage is subject to equitable distribution. Motor vehicles, liquid assets and collectible items also are subject to the same rules.
It is best that the parties attempt to work out a reasonable distribution of property before the attorneys become involved. This will save time and money. However, if the parties are unable to work this out among themselves, The Law Office of Amber Boles is capable of assisting with the distribution of property so that the parties may dissolve their marriage and move on with their respective lives
In the state of Florida, if you no longer want to be married, you can seek a divorce. It’s important to know how to go about doing this if you are unfamiliar with the state’s divorce laws. Certain aspects can affect filing.
In order to file for divorce in Florida, you or your spouse must have been a resident of the state for at least six months. You have to file in the specific county’s Circuit Court. If you meet certain criteria, you can file a Simplified Dissolution petition. Those requirements include the following:
• The wife is not pregnant
• There are no minor children within the marriage
• Both spouses agree on how to divide the property and debts
• Both spouses have agreed to sign the papers in the court and attend the final hearing
The other option is to file a Petition for Dissolution of Marriage in your county’s Circuit Court.
It’s also important to know that Florida is a no-fault divorce state, which means neither spouse is required to provide specific grounds for the divorce. Instead, you can simply state that the marriage is irretrievably broken, which also means you have irreconcilable differences. The other reason you can state on the petition is that one party is mentally incompetent.
After a petition has been filed, the other spouse has 20 days to file an answer. This may include a rebuttal against the terms that the filing spouse has requested, such as alimony and child support amounts. The answer must be filed within this time frame or the individual may lose their rights even if they have included a Counter Petition. It can be sent via regular mail or even emailed.
If you are planning to file for divorce in Florida, you need the Law Office of Amber Boles on your side. Contact the Law Office of Amber Boles at your earliest convenience to start your petition with experienced Tampa divorce lawyers.
Going through a divorce can be one of the most challenging times of your life. Navigating the ins and outs of the legal side of divorce can make things even harder. A divorce lawyer can assist with your case in many ways.
Why Contacting An Attorney Is Better Than Handling Things On Your Own
A divorce is an emotional time, which can cause you to make decisions based on feelings rather than logic. An experienced Tampa divorce lawyer can guide you every step of the way, giving you sound advice so that you’re making the best long-term decisions for yourself.
The legalities of a divorce can also be overwhelming for someone that doesn’t have experience in the legal field. The Law Office of Amber Boles has experienced attorneys that can handle every aspect of a divorce including: custody, the division of assets, and drafting an Agreement.
How An Attorney From The Law Office Of Amber Boles Can Help
A Tampa divorce lawyer from our office can consult with you about every aspect of your divorce, including:
• How to file for divorce
• Dividing up marital debt and assets
• Determining custody and child support
• Answering questions regarding spousal maintenance
• Whether or not you have a right to any retirement plans
We can also represent you if your case goes before a judge. This is particularly important in divorce cases where custody may be an issue.
When Is The Right Time To Contact an Attorney
You can contact an attorney before you even file for divorce. Our attorneys can give you sound advice about how a divorce will impact every aspect of your life. You should contact an attorney as soon as possible so your case can be resolved quickly and efficiently.
Mediation may be a term that you’ve heard when you’ve considered legal actions in the past, but you might not know how it applies to you. It’s a collaborative process that is useful for some types of disputes, but it’s not always the right time to consider it when you’re dealing with a major legal issue. There are, however, some signs that it may be wise for you to consider contacting a Tampa FL mediator like Attorney Amber Boles.
Most people who consider mediation in Tampa Florida do so because they’re looking at problems that might be more beneficially solved outside of the courtroom. While traditional legal solutions are fine for some, they aren’t actually able to solve all the problems that some parties may have. If you think you have a problem that can be solved in a unique way, mediation may benefit you.
It may also be a good idea to consider mediation if you are looking at a legal action involving a party with whom you expect to have a relationship after the action has finished. One of the major reasons why many people who divorce work with Tampa FL mediators is because they will have to be in one another’s lives due to custody issues. Mediation is collaborative and thus allows parties to find a way to get what they both need in order to move forward with their lives.
When should you consider Mediation in Tampa Florida? Generally speaking, whenever you know a non-traditional solution will help you and when you know that you’ll need to keep working with your opposite party in the future. Whether you’re looking at a business disagreement or the dissolution of a marriage, taking the time to consider whether or not mediation is a good fit for you is a good idea. Remember, mediation is binding but there’s no requirement to come to an agreement during your sessions. If you think mediation might help, contact The Law Office of Amber Boles today to learn fins a solution to your legal matter.
If you are seeking a divorce, it is usually best if it can be no-fault. In these situations, there can be substantial differences that will make the process much easier. For instance, since all states recognize no-fault divorces, it will be easy to do so no matter where you live. However, since there can be residency requirements and designated periods of time a couple must have been apart before being granted a no-fault divorce, always work with divorce lawyers in Tampa FL at the Law Office of Amber Boles to ensure no details are overlooked.
When seeking a no-fault divorce, the most common basis is “irreconcilable differences.” This makes the process easier, since this term can include numerous reasons for splitting up. In addition, if you are the spouse filing for divorce, you are not required to prove any fault from the other spouse. Also, your spouse will not be able to object to your no-fault divorce petition, since this will be seen by the court as falling under “irreconcilable differences.”
In most states, residency requirements do exist that must be observed prior to being granted a no-fault divorce. In most cases, this is a period of six months to one year where you and/or your spouse must have lived in the state where you are filing for a no-fault divorce. To increase the likelihood you will have the divorce and any custody arrangements or other matters go in your favor, it is best if you file for divorce in the state where you are currently living. Should you have any questions about this, contact divorce lawyers in Tampa FL.
While a no-fault divorce is certainly easier than one which is being contested, issues may still arise. To make sure you have experienced legal representation, schedule a consultation with the Law Office of Amber Boles.
All states have established waiting periods for divorce finalization. Actually, in many states, qualifying for a divorce can prove more difficult than the waiting period for finalization. Florida is in the group where filing for a divorce could be complicated unless it is filed as a no-fault dissolution. There are situations where one spouse may want to contest a divorce, usually based on failure to mediate an agreement regarding a parenting plan and child support along with an equitable division of property. Most states want divorcing couples to work out an agreement amiably before filing. Florida is no different, and a family attorneys in Tampa understand how to expedite a filing in many instances. State judges prefer divorcing couples to act appropriately when going through the separation process as opposed to intervening with a ruling that neither party may like. The best method of avoiding this scenario is always retaining an experienced attorney like the professionals at The Law Office of Amber Boles Tampa Florida divorce lawyers before beginning the process.
Depending on the situation, many divorces begin with a legal separation filing that allows both sides to evaluate responsibilities for minor dependent children and an inventory of marital property. This is not always as easy as it sounds in contemporary families, as traditional roles for parents have shifted. Personal property must be identified as well as determining the earning power and work schedule of each parent. Simple no-fault divorces are relatively easy when all particulars are worked out beforehand. An uncontested marriage dissolution that meets the six-month residency requirement in Florida is typically final after 20 days once the filing as registered.
Contested divorces are often much more difficult than a simple no-fault divorce. Grounds for divorce are either irretrievable breakdown or mental incapacity, which can revert to an evaluation period of up to three years prior to the filing. Spouses who have not maintained residency in Florida for over six months must also wait for this requirement to become effective. Issues such as division of marital property can also result in a delayed divorce until an agreement is reached or the state intervenes with a ruling.
It is always important to have family attorneys in Tampa when a divorce is inevitable and time is an issue. Always call the divorce professionals at The Law Office of Amber Boles Tampa Florida divorce lawyers for comprehensive representation.
If you and your spouse are thinking about getting a divorce soon, you might be wondering about the ins and outs of doing so. Tampa FL divorce attorneys, such as the experienced legal professionals at The Law Offices of Amber Boles, can assist you with answers to all of your questions. For example, you could be curious about Florida residency requirements if you are new to the Sunshine State. Contact our team at our family law firm in Tampa for answers to these questions and more.
How Long Do You Have to Live in Florida Before You Can Get a Divorce?
To file for divorce in Florida, you or your spouse must have lived in the state for a minimum of six months. If neither of you have lived in the Sunshine State for six months, then you will either have to wait a while to file divorce or look into divorce laws in the state that you were residing in prior to moving to Florida.
Do You Have to Provide Proof of Residency?
Not only do you have to be a residence of Florida for at least six months before you can file for divorce, you also have to be able to prove it. You also have to prove that you intended to make Florida a permanent home rather than just a vacation destination. For example, you’ll need to provide a copy of your lease or mortgage paperwork or proof that you have held permanent employment in Florida for an extended period of time. One of the experienced attorneys at The Law Offices of Amber Boles can assist you with proving your residency in the state.
Should You Hire an Attorney to Help With Your Divorce?
If you and your spouse are new residents in Florida and are ready to get a divorce, or if you are otherwise hoping to seek a divorce in Florida, then you should seek legal representation. You might need help with things like showing proof of residency, drafting up a divorce agreement and otherwise navigating the ins and outs of your divorce. Luckily, an attorney from a family law firm in Tampa can assist you.
Don’t try to handle your divorce without the help of experienced Tampa FL divorce attorneys. Contact us at The Law Offices of Amber Boles to schedule an appointment to talk about your case.
Getting a divorce in Florida requires more than just completing a form and paying a fee. You must have grounds for the divorce, which means you need a legitimate and legal reason to request the separation. If you’re considering a divorce, contact the Tampa divorce attorneys at the Law Office of Amber Boles for help.
Florida Grounds for Divorce
Unlike some other states, Florida only recognizes two legitimate grounds for divorce. You must prove the mental incapacity of your spouse or show that the marriage is broken beyond repair. Fault-based grounds for divorce, such as adultery, aren’t legitimate grounds for a dissolution of marriage in Florida.
Mental incapacity is rarely stated as grounds for divorce. But it is possible if your spouse has been officially judged as incapacitated for at least three years. The petition for divorce is served to your spouse’s nearest relative or general guardian.
In Florida, it’s more common to seek a divorce because the marriage is irreparable. This is a no-fault ground for divorce, and both parties accept responsibility for the dissolution of the marriage.
Using an Attorney in a Florida Divorce
Hiring an attorney to handle your divorce isn’t a requirement. But Florida divorce cases are sometimes complicated.
Even if you and your spouse are glad to divorce, you could still have disagreements. Issues concerning property, money, custody of children, and alimony can raise concerns. These issues are some of the main reasons why an otherwise peaceful divorce can become ugly.
At the Law Office of Amber Boles, you’ll find Tampa divorce attorneys who are dedicated to your divorce case. We’ll discuss your needs in detail but work to reach an agreement that’s acceptable to both you and your spouse. Contact us for a consultation today.
The state of Florida allows for divorce to occur in different ways. One common option chosen is that of a dissolution of marriage. This means that a marriage is ended without contest by either spouse. This also means that any terms that the couple will incorporate into this agreement must be discussed before the final decision. A dissolution of marriage is best to be examined by family lawyers in Tampa before proceeding. The Law Office of Amber Boles explains what this option of divorce will look like for you.
Responsibilities in a Dissolution of Marriage
When either spouse chooses to initiate the dissolution of marriage, both should have discussed and agreed on this method. The dissolution of marriage means that you do not wish to go through the process of mediation or asking a judge to decide on matters of the divorce. The process involves filing the completed forms with the Clerk of the Court and paying the necessary fees. The court can determine if the cost should be split between the two of you or if one spouse will be responsible for it on their own.
In addition to the filing of the petition, each spouse is responsible for bringing all issues forward to the other spouse to decide on outside of the petition. If it is difficult for you to do this on your own or you are unsure what you should include in this simultaneous agreement, family lawyers in Tampa can walk through this step with you.
Given that this form of divorce is quickly finalized, securing an attorney helps to ensure that you are thorough, and you consider the many important matters related to divorce. An attorney will also review your forms and give you advice for the final hearing.
Let the Law Office of Amber Boles help you prepare for your dissolution of marriage.