RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
“Prospective clients may not obtain the same or similar results.”
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Divorce Planning

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Family in need of attorney

The Gainesville Divorce Attorneys of the Law Office of Alba & Yochim P.A. understand that the decision to leave your spouse, in and of itself, may be a difficult choice to make—however, knowing when and how to do so, and in a manner that allows you to be self-supporting, meet financial obligations, provide for your children, as well as remain physically safe from harm, can be even more stressful. Knowing your rights and options in advance, can ensure that you are adequately prepared to enter the next stages of divorce—separating and commencing the legal process of dissolving the marriage.

With our client focused results driven approach, you can be sure the process will proceed as smoothly as possible. We encourage you to read testimonials from previous clients, and their acknowledgement of our dedicated approach to each and every one of our clients.

As seasoned practitioners, we are well-acquainted with the notion that the key to success is often ‘preparation, preparation, preparation.’ This concept also applies to a spouse who is considering divorce. By having a carefully-thought out, and well-developed strategy, the transition from being married to single can be a much smoother process, because you will already have the groundwork laid out to carry out your plan.

You may be wondering precisely how divorce planning may benefit you, given your unique circumstances. Quite simply, planning for divorce can offer advantages to spouses on either side. Consider marital unions in which the couple shared minor children. Here, there may be concerns over custody and/or time-sharing, as well as support of the child(ren) during the pendency of dissolution.

On one side there may be a need to seek temporary custody, establish provisional/interim child support payments; and/or address other issues pertaining to the needs of the child or responsibilities of each parent. On the other side, there may be a need to defend an inappropriate, excessive, or unwarranted request(s) for custody, support, or other matters involving the child(ren). Our experienced divorce attorneys can help establish a plan to address these issues which may involve anything from a custody evaluation or an occupational evaluation, to a contested temporary custody hearing or protective order.

Divorce planning can also be helpful in marriages in which one spouse is seeking to obtain spousal support. On one side, the spouse may be entitled to support, and therefore wants to secure payment of temporary alimony as soon as possible following separation. On the other, the spouse may be defending a request for temporary support, and therefore needs to ensure that the recipient’s needs and payer’s ability are properly evaluated by the court.

In addition to custody and support matters, planning for divorce can also protect the financial interests of a spouse by ensuring the evidence is properly preserved, and that no marital assets are removed, transferred, destroyed, spent, hidden. The law in Florida is clear in that distributing marital assets must be both fair and equitable. It is important to consider your options, while also knowing the potential impact that your actions can have on the outcome of a divorce proceeding.

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Jurisdiction is another consideration in the divorce planning process. For example, where a couple separates, and one spouse relocates to Florida, state law requires six (6) months residency in order to petition for dissolution. Jurisdictional issues can also arise where there is separation without divorce, and the relocation of one spouse results in custodial disputes/issues/requests being presented to courts in two different states.

The examples provided, outline just a few of the way in which creating a plan can simplify the divorce process, and provide you with peace of mind to move on with your life. Consider the advantage of having a request for custody, child support, and/or alimony—or, on the other side, defenses for such requests—already prepared and ready to go—at the earliest stage possible. In addition, evidence can be preserved, assets can be protected, and you will have gained a basic and realistic understanding of your rights and obligations under Florida law, given your particular scenario.

For some, planning for divorce is necessary to protect people, as opposed to things. Through simply watching the news, one can see how prior instances of abuse or violence, and the potential for future retaliation, are both important considerations when deciding to leave your partner. As attorneys that represent clients in domestic violence proceedings, we understand the concerns that go along with a divorce involving circumstances of this nature—from the perspective of both the victim, as well as the alleged perpetrator. If you’re contemplating divorce, preparation and planning can be a crucial component to ensuring your safety and stability.

At the Law Office of Alba & Yochim P.A. we are not just divorce attorneys, we are family law practitioners that have years of experience in handling a full range of domestic matters. We have the resources necessary to achieve results, including medical, financial and occupational professionals that we regularly consult with, and/or use for expert testimony purposes. Beyond this, however, we offer the compassion and attention to client needs that only comes with a small firm.