All Areas of Family Law
and Divorce
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Weston is a suburban city located in Broward County. Its population consists of about 70,000 residents and is growing rapidly. The median family income as of 2010 was about $120,000. Pursuing a divorce in Weston may be a complicated process, especially when issues like property division, alimony, timesharing, and child support are involved. In some cases, couples are able to work through their issues and negotiate a settlement with the help of an experienced Weston divorce attorney. However, there may be one or more aspects of the divorce that may not be able to be settled, and it is important to choose an attorney who is skilled in both negotiations and litigation. Carmen Soto has practiced as a divorce lawyer for more than 15 years, and she provides flexible payment plans that accommodate the financial needs of each client.
In Florida, there is a simplified divorce procedure available when both spouses agree that the marriage is irretrievably broken, there are no children in the marriage (and the wife is not pregnant), the spouses are able to agree on how their property and debts should be divided, no alimony is sought, neither spouse needs financial information beyond what is set forth in the financial affidavit forms, and the spouses agree to give up their rights to trial and appeal. However, often, the spouses disagree about one or more major issues.
A couple may try to negotiate a marital settlement agreement with the help of experienced attorneys. These agreements may settle most or all matters, and any remaining issues may be left for the judge to decide.
Often, couples disagree about how to divide their property and debts. Florida follows the doctrine of equitable distribution. Under Florida law, property and debts are supposed to be fairly and equitably distributed. The court may consider alimony, timesharing, and child support when deciding what would be fair. They may also consider factors such as spousal contributions to the marriage, economic circumstances, how long the marriage lasted, whether the personal career or education of either spouse was interrupted and whether the other spouse contributed to these things, the contributions of each spouse to acquiring assets or debts, whether it is desirable for one spouse to maintain an asset free from interference by the other spouse, and intentional waste by either spouse.
In some cases, the court will award alimony to a spouse based on that spouse’s need and the other spouse’s capacity to pay. There are four types of alimony: permanent, durational, rehabilitative, and alimony awarded to bridge the gap. Generally, bridge the gap alimony is supposed to help a spouse transition to life as a single person. It is awarded to allow a spouse to pay off identified short-term needs over a two-year period at most. On the other hand, permanent alimony may be awarded to a spouse who is financially unable to meet their needs as established by the marriage. In deciding which type of alimony may be appropriate, the court will consider the standard of living during the marriage, how long the marriage lasted, the financial resources of each spouse, their physical and emotional condition, their earning capacities and resources, contributions made to the marriage, child care responsibilities toward minor children, tax consequences, income streams, and any other factor that may be necessary to make a fair decision.
For most families, divorce is stressful. If you are considering going through this process, Weston divorce lawyer Carmen G. Soto can help ensure that your best interests and the best interests of your family are protected. Members of her staff can speak Spanish for your convenience. Contact us at 954-523-0703 or via our online form to set up a free appointment with a family law attorney. Our office is located directly across the street from the new Broward courthouse, so we charge no travel costs or parking fees when we assist you in proceedings there.