The Law Offices of Thomas J. Donnelly has been representing both men and women in divorce proceedings since 1980 and has successfully litigated all related issues including alimony, equitable distribution, child custody and child support, both in and out of the Tampa Bay area.

In Florida, divorce involves much more than simply dissolving the bonds of matrimony. First, there is a residency requirement of six (6) months to give the Florida court subject matter jurisdiction. Also, a divorce case should not be pending elsewhere in some other court or state. The court must also have personal jurisdiction over the parties. Jurisdictional issues can be complex and an attorney can help to resolve those issues to allow your case to proceed.

Once jurisdiction is established, Florida is a ‘no fault’ divorce state, meaning the only requirement to allow the court to grant a divorce is a claim that the marriage is irretrievably broken. Usually, the divorce itself is not an issue. The difficulties in a dissolution of marriage case depend on the specific circumstances of each case where the court must consider issues relating to children, support of a husband or wife, and distribution of assets and liabilities and attorney fees for either party. Equitable distribution, alimony, child support, custody or parental responsibility, visitation or time sharing and attorney fees are all specific issues which can be raised in a dissolution of marriage case.

To initiate a dissolution of marriage proceeding, one spouse files a petition with the court raising any issues he/she feels should be addressed and decided by the court. The other spouse has an opportunity to answer that petition and file a counter-petition to raise any issues he/she not raised in the petition. Both parties are required to disclose their finances and attest to the accuracy of their disclosure.

How the case proceeds after the financial disclosure depends on the specific facts and circumstances. There may be additional financial documentation requested by either party. Depositions of various individuals, including the parties, may be necessary. Appraisals and evaluations of various assets may also be necessary.

The parties may enter into a settlement agreement. In most cases the parties are ordered to mediate the case before a hearing on the issues can occur. If all of the issues cannot be resolved through a settlement agreement or at mediation, the judge will make a ruling on the issues at hearing or ultimately at trial.

Some of the different issues and concerns involved in a dissolution of marriage case are:

Equitable Distribution
Alimony
Child Support
Parental Responsibility
Custody/Substantial Time Sharing
Visitation/Time Sharing
Attorney Fees

Every case and situation is unique. Your attorney will evaluate your individual situation and advise you how best to proceed regarding these and other issues. The above statements are made for informational purposes only and should not be considered legal advice. The Law Offices of Thomas J. Donnelly shall not bear responsibility for any actions taken based upon the above information. Seeking professional help for your legal problems and concerns is imperative.