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Clearwater Divorce Attorney | St. Petersburg, Tampa Family Law

Clearwater Divorce Attorney Noteworthy News and Developments
Going through or contemplating a divorce in Pinellas or Hillsborough County?  Alimony is the name for support payments from one ex-spouse to another after the divorce is finalized.  The payments are to permit the receiving ex-spouse to continue living a similar life-style outside of the marriage, but it can be a hard-ship for the paying ex-spouse.  The different types of alimony are bridge-the-gap, rehabilitative, durational, and permanent alimony.  Either a wife or a husband can end up being ordered to pay alimony in Florida.  Alimony can be avoided if the paying spouse doesn’t have sufficient income to afford it or if it is not warranted under the law. If you are thinking of facing a divorce in the Tampa, St. Petersburg or Clearwater area, understand alimony and the different forms it takes as well as when it might be a factor by reading my blog article, Alimony in a Florida Divorce | Clearwater, St. Petersburg,Tampa” by clicking here.

Divorce Attorney for St. Petersburg, Largo, Tampa, Pasco and Clearwater Family Law Cases

Clearwater attorney Garry Potts provides complete divorce and family law legal Clearwater Divorce Lawyerrepresentation in the Tampa, Clearwater and St. Petersburg area working to help you resolve all aspects of your case.  Clearwater attorney Garry L. Potts is a former prosecutor with over twenty years of experience in litigation and courtroom trial work.  In Clearwater, Largo, St. Petersburg, Pinellas County or in Hillsborough (Tampa), Pasco or Manatee / Sarasota Counties, he will work with you from the outset of a divorce case in order to guide you in the many decisions you will need to make and defend your rights as to child support and custody, division of marital assets, alimony and other issues of a divorce. Our office is ready and experienced to help you protect your rights in a very difficult situation. You will have an experienced trial lawyer who will aggressively seek to provide strong and reliable representation based on over 22 years of experience.

Working Toward the Right Solution for You

Divorce and the resulting issues effecting your children, your assets and your emotions can be one of the most devastating events in life.   Clearwater divorce / family law attorney Garry Potts will put his experience as a former prosecutor and trial litigator  to work for you in the Clearwater / St. Petersburg, Pinellas County area in the areas of:

- The legal term for divorce is “dissolution of marriage”.  Florida is a “no-fault” divorce state, which means that you can get a divorce without needing to prove a reason or to place blame on the other spouse, as long as the marriage is “irretrievably broken”.  Residency in Florida for at least six months by one of the spouses is a requirement for filing for divorce in Florida.  The Petition for Dissolution of Marriage is filed in the Circuit Court of the county of residence of one of the spouses.  A little pre-filing preparation can save time and money on a divorce as pointed out in my blog article “Prepare First for a Speedy Divorce”.

- Parental responsibilities are generally shared in a Florida divorce, unless the spouses agree otherwise or there are circumstances that lead the judge to award sole parental responsibility to one parent, usually with visitation by the other.  Shared parental responsibility is governed by a written parenting plan and schedule in order to provide guidance to the parents in case of disagreement or scheduling conflicts.  In addition, both parents are expected to share in the decision making in raising the children.

- child support in Florida is determined by formula which takes into account the relative incomes and expenses of both parents as well as the needs of the children in order to allocate the available pool of money fairly between the parents.  Child support payments are for the benefit of the children and are enforced strictly by the State of Florida Department of Revenue and the courts.

- marital assets are those assets which were accumulated during the marriage.  Generally it is assumed that marital assets will be divided equally between the spouses in a divorce.  However, the law provided for “equitable” distribution, which give the court authority to award one spouse a bigger share of the marital assets than the other if there are reasons which make that fair.  Marital assets include all property, including houses, automobiles, and retirement accounts which have been acquired during the marriage.

- alimony can be awarded in some divorces, particularly long time marriages.  Alimony payments are meant to provide a means of support to one of the spouses who require it to maintain their standard of living alone after the divorce.  Alimony can be for various periods of time, including permanent; and it may be taken care of in one lump sum payment.

- commonly called restraining orders, injunctions are issued by the courts in order to protect someone who has shown that they have been the victim of past violence and reasonably are in fear of future violence.  Often they are abused in order to gain an advantage in the divorce, particularly regarding parental responsibilities.  A domestic violence injunction hearing should never be taken lightly since the effects of an injunction can be significant.

- a divorce is a time to review your life planning documents and update them if needed.  Life planning documents offer peace of mind in the event of an unforeseen tragedy or medical emergency by providing for the wishes of someone even after they are unable to make decisions or communicate.  Disposition of belongings, medical treatment preferences and conferring the power and authority on someone you know and trust to handle essential business and make medical decisions are some of the reasons you should have up to date life planning documents.

-Whether marriage is contemplated or not a carefully drafted and thought out written agreement between the parties will provide security, certainty and guidance in the event of a future divorce or breakup.  Issues such as future alimony or support payments, splitting of jointly held and other assets, property and debt accumulated during the relationship and procedures for resolving other disagreements upon any future break up can be addressed in the written agreement, leading to less problems and less expense at a time that is likely to be troubling and emotional anyway.

Clearwater family law and divorce attorney Garry Potts will  work with you to give you strong representation at a reasonable cost.  Our firm is agile, knowledgeable and able to adapt to your unique needs. Garry L. Potts will work closely with you during your case to find the solutions best for your situation.

Put an Experienced Lawyer Behind Your Case

As a former prosecutor, insurance defense attorney and a private practice trial attorney in family law, personal injury, criminal defense and commercial litigation , Garry Potts brings two decades of effective client service to work for people facing legal proceedings in Clearwater, St. Petersburg and the rest of the Tampa Bay area.

Call 727-538-4166 today or click here for email to schedule a consultation.

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