Understanding Divorce in Florida

November 14, 2017

What to Expect When Getting a Divorce

If you and your spouse have decided or are thinking about getting a divorce, it can be a confusing and long process. In Florida, divorce is known as dissolution of marriage and there are different types of dissolution dependant on your circumstances. The process for each type and the outcomes are different. Below is a summary to help you understand the basics of getting a divorce and what options are available to you.

Petitioning for Dissolution of Marriage in Florida requires at least one person from the marriage to be a Florida resident for at least six months. The average cost of divorce in Florida can vary depending on the type of divorce and the circumstances between the divorcing party.

LaFrance Family Law has Moved

June 30, 2017

At LaFrance Family Law, we know that family law matters, such as an impending divorce or custody hearing are stressful for those involved and our goal is always to provide excellent service with empathy for our client’s unique situation.

In order to provide our clients with the best representation possible, we have moved to a new location in Tampa’s SoHo business district. Our new office at 2503 W Swann Avenue is located approximately one mile south of the I-275 Armenia/Howard exit to provide easy access for clients in Tampa and the surrounding Hillsborough, Hernando, Manatee, Pasco, Pinellas, Polk and Sarasota counties.

The Effect of Substance Abuse on Custody

May 31, 2017

Creating a parenting plan and time-sharing schedule that both parents agree on can be challenging. If parents cannot come to an agreement, the matter can be taken to court to be resolved. While in court, accusations of substance abuse may be brought up. Often, these allegations are made in an attempt to sway a judge’s ruling in the accuser’s favor. Whether it’s ultimately founded or fabricated, the state of Florida court system will take the accusation seriously to make sure that no children are being put into a potentially unsafe situation.

6 Most Common Questions About Child Custody

May 8, 2017

One of the most stressful aspects of a separation or divorce is how it affects children. The state of Florida always encourages parents to put aside any differences and do what is best for the child. As parents, there can be a lot of questions and concerns that arise regarding your children. At LaFrance Law, we have been helping families develop and execute effective child custody agreements for over 20 years. To help you navigate the regulations set by the state of Florida here are some of the most common questions we hear.

Top 10 Things To Know If You’re Getting Divorced

May 1, 2017

Whether you have already started the divorce process or believe divorce is in your future, it is important to be as prepared as you can be for such a life-changing event. Our years of experience with divorce law has provided insight that we can share.

1) Gather your financial documents, such as tax returns, bank account records, retirement statements, and investment account records. Inventory your assets, including taking photographs of the property in your home. If you do not know all the finances related to your marriage, this information will be obtained in the divorce process. Don’t forget to include pension and retirement asset information.

2) Every case is different. Your friend who went through a divorce is well intentioned, but their facts and circumstances are not the same as yours. Trust your attorney, they went to law school and practices divorce law for a living.

What Happens After the Loss of Parent?

April 25, 2017

No matter the circumstances, having a parent pass away is an emotionally challenging time for the whole family. There are additional challenges for children of divorced or separated parents: what will happen now, where will they live, what else is going to change?

Government-Provided Benefits for Children

The United States Social Security Administration provides survivors benefits to unmarried children under the age of 18 and disabled children who were diagnosed before the age of 22. These benefits are calculated based on what the deceased parent would have received in social security upon retirement.

The State of Florida takes special interest regarding children of divorced and single parents to ensure that their day-to-day life remains as stable as possible during a separation. When a parent has passed away the state has also created guidelines regarding child support and custody to prevent additional stress for children and their family.

Why Do I Need a Divorce Lawyer?

December 7, 2016

Why Do I Need a Divorce Lawyer?

It can be tempting to forego consulting a lawyer when preparing for a divorce, but representing yourself in any legal matter is not as easy as it may sound. Those who choose to represent themselves in legal procedures without the aid of an attorney are known as “pro se”. Although you have the right to represent yourself in a court of law, many do not understand that choosing to do so means that the courts will expect you to follow the same rules and procedures that an attorney must follow.

Representing yourself in court requires researching precedents on local, state and federal issues relevant to your case that must be followed by Florida judges. Judges are not permitted to give any legal advice, as this may violate the principle of impartiality. Court staff are also restricted from providing legal advice. Even filling out forms is considered legal advice and you will need to seek the assistance of a licensed attorney if you have any questions before submission.

What happens to the house in a divorce?

December 1, 2016

What happens to the house during a divorce if you bought it before you were married? Courts in Tampa and throughout Florida apply the principal of equitable distribution when dividing the assets and debts between husbands and wives during a divorce. Before the assets and debts are equitably divided, it is necessary to first determine what assets and debts are nonmarital and which are marital. Generally, any asset and debt acquired during the marriage is considered marital and subject to equitable distribution between spouses. Under certain circumstances there can be exceptions in equitable distribution, these can include inheritance, gifts received by one spouse from someone other than their spouse and assets or debts that existed before the parties were married.

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What to Expect When Getting a Divorce

How to Co-Parent with School Aged Children

Government-Provided Benefits for Children