Family Lawyers

Jacksonville, Florida

Uncontested Divorce

The law firm of Hardesty, Tyde, Green & Ashton, P.A. family lawyers stands ready to assist you when your marriage becomes broken. We can help you with family law issues such as contested and uncontested divorce, child custody, visitation, child support, alimony, dividing your assets and liabilities and many other family law issues.

GENERAL INFORMATION
Marriage and divorce is not considered to be the private undertaking of individuals. Being married or divorced is actually a legal status recognized by both society and the State. Marriage and divorce is given official recognition by the State of Florida as to the existence, or termination, of this legal relationship. The State of Florida abolished common law marriage in 1967. The State of Florida now requires that individuals seeking to marry obtain a marriage license from the Clerk of Court. It is only when a valid marriage license is issued that the State will recognize the marriage and all the rights flowing from it. "Divorce" itself is shorthand for a legal concept known as the "dissolution of marriage," and the terms are often used interchangeably. The dissolution of a marriage (divorce) is a statutory cause of action, and a marriage cannot be terminated without the entry of a Court Order dissolving the marriage. The Florida State Legislature determines the terms upon which dissolution of marriage will be allowed. In 1971, the Florida Legislature enacted the dissolution of marriage law, which provides that fault need not be proved to entitle a spouse to dissolution of marriage. Under Florida Law, one party need only allege that the marriage is "irretrievably broken."

At Hardesty, Tyde, Green & Ashton, P.A., in Jacksonville, Florida, our family lawyers have the experience to assist you in dissolving your marriage. The lawyers at Hardesty, Tyde, Green & Ashton, P.A., will help you understand the Florida Statutes and case law that are applicable to the facts of your case. As you begin to understand the dissolution of marriage process, you will undoubtedly hear stories of how other people in the community dissolved their marriage. The Florida "no fault" concept of dissolution of marriage seeks to enable the parties to end their marriage without becoming adversaries or scheming with each other to mislead the Court. This concept also seeks to eliminate disparaging one another and to keep all the dirty little secrets from ever being publicly disclosed.

FINANCES AND CHILDREN
The uncontested divorce lawyers at Hardesty, Tyde, Green & Ashton, P.A., are trained to consider the income of the parties, the assets and liabilities of the parties, and the special issues that arise in every divorce case. Each and every client faced with the hardship of dissolution of marriage gets customized, personalized counsel and advice on how best to achieve the result they seek. Parties who seek to dissolve their marriage with children not only have to deal with the economic strain of separation as a married couple, but also have to deal with the emotional strain of doing what is in the best interests of their children as they move on with their separate lives.

CHILD CUSTODY
One parent normally has primary residential custody, the other parent usually pays child support and has visitation with the children. The Fourth Judicial Circuit has set forth Visitation Guidelines for those who live here in the local area and also for cases involving a long distance visitation. The Fourth Judicial Circuit encompasses Clay, Duval and Nassau counties. These guidelines are intended to provide a framework from which the parties can build upon as they try to structure their visitation agreement as part of the overall dissolution of marriage. Each parent will be required to complete the "Children FIRST in Divorce" course prior to entry of the Final Judgment of Dissolution of Marriage. We can also explore other unique custody options, such as joint custody. Similarly, there are Child Support Guidelines, established by the State, which dictate the amount of money a parent will be required to pay for child support. However, these Guidelines may not be controlling if the judge determines there are reasons for an upward or downward departure.

The parties will consider the health insurance and daycare expenses as part of the overall child support calculation. The parties will also discuss out-of-pocket expenses that are not otherwise covered by insurance and expenses related to extracurricular activities of the parties' children as they grow. The parties may also discuss special needs for medical issues pertaining to their children and/or each other. All of these issues are issues which the lawyers of Hardesty, Tyde, Green & Ashton, P.A., are trained to deal with as part of helping you resolve your dissolution of marriage proceeding.

FINANCIAL AFFIDAVIT AND ALIMONY
The uncontested divorce process is in many ways controlled by the parties, but it is also controlled by the Court in terms of scheduling hearings, mediations, and trial. Each party involved in a dissolution of marriage will work closely with their lawyer in providing documents pertaining to assets, liabilities, children, retirement, daycare expenses, health insurance, tax obligations, tax return filings, and, potentially, any Personal Injury actions, or Workers' Compensation accidents which may relate to the dissolution of marriage proceeding. Long-term marriages will also have the added component of permanent periodic alimony. However, there are other forms of alimony which may be applicable to short or moderate duration marriages.

BACK SUPPORT, BACK ALIMONY AND PATERNITY
The family lawyers of Hardesty, Tyde, Green & Ashton, P.A., are experienced in handling post-dissolution of marriage proceedings, such as: enforcement of child support and alimony, visitation, child custody, and enforcement of other rights under a Final Judgment of Dissolution of Marriage. Unwed parties may also seek to establish paternity and all the obligations that flow from the determination of paternity. Paternity determinations are often necessary to establish a legal obligation on behalf of the putative parent to pay child support. If you need assistance in a Family Law matter, then call the Jacksonville, Florida law firm of Hardesty, Tyde, Green & Ashton, P.A. today.

Contact our Jacksonville, Florida family lawyers today for more info.