Tampa Divorce Lawyer | Tampa Family Lawyer

"Your Tampa Bay Divorce and Family Law Attorney"

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consultation

(813) 272-2345

Contested Divorce

MAIN OFFICE
TAMPA
505 East Jackson
Street
Suite 304
Tampa, FL 33602

SATELLITE OFFICE
ST PETE
146 Second Street
North
Suite 310
St Petersburg, FL
33701
(by appointment
only)

MAIN PHONE:
(813) 272-2345

Contested Divorces are dissolution of marriage proceedings in which the parties
do not agree on one or more specific issues. The Office is experienced at handling
these contested cases in the courtroom and at the mediation table. William S.
Foley is a Tampa Divorce Lawyer who will provide you with high-quality
representation in a heated alimony, property, or children's issues case. The
majority of the Divorce matters the Office handles are contested on one or more
issues at one point during the case, therefore the Office has a wealth of
experience in dealing with these types of Divorce matters.

                                          Alimony

One area of divorce that may become contested during some point in divorce
matters is Alimony. Alimony is a complicated area of divorce law that it is
important to speak to an attorney about your options if you willing be paying
alimony or if you may be receiving alimony.

The Florida Statutes provide the framework for alimony rights and
determinations. The Courts however, rule on the law and determine whether or
not alimony is appropriate and the amount in which to award. There are a number
of forms of alimony in Florida: permanent periodic alimony, transitional,
temporary, bridge-the-gap, lump-sum and rehabilitative.

The statutes changed om 2010 and there is also a new form of alimony-
Durational Alimony. Please call the office today to speak about the new Alimony
Statute and how it may affect your rights and responsibilities.

The divorce court judge can rule that one divorcee must make recurring payments
to the other for spousal support. These payments are generally calculated based
on the income that each former spouse generates, but many other extraneous
factors must be taken into consideration during the calculations. For example, the
federal income tax consequences of alimony payments, that is, the deductibility of
qualifying payments by the payor spouse and the taxability of payments to the
payee, may affect the planning and negotiation of a settlement between the
parties. The office also can refer you to an accountant or a tax attorney if you
have tax questions with regards to alimony or your family law matter.

William S. Foley, P.A. is prepared to take all such factors into consideration in
working to obtain the appropriate alimony settlement, or award by the Court, for
our client.

                                   Property Division

Florida Statutes 61.075 governs property distribution and division in dissolution
of marriage proceedings in Florida. The norm in a majority of divorce cases is
equitable distribution of assets and liabilities. The Court begins with the premise of
equal distribution, unless there are facts to support an unequal distribution of
assets and liabilities. Pursuant to the statute, the Court can look to the following
factors when determining whether there should be an unequal distribution of
assets and liabilities:

"(a) The contribution to the marriage by each spouse, including contributions to
the care and education of the children and services as homemaker.

(b) The economic circumstances of the parties.

(c) The duration of the marriage.

(d) Any interruption of personal careers or educational opportunities of either
party.

(e) The contribution of one spouse to the personal career or educational
opportunity of the other spouse.

(f) The desirability of retaining any asset, including an interest in a business,
corporation, or professional practice, intact and free from any claim or
interference by the other party.

(g) The contribution of each spouse to the acquisition, enhancement, and
production of income or the improvement of, or the incurring of liabilities to, both
the marital assets and the nonmarital assets of the parties.

(h) The desirability of retaining the marital home as a residence for any dependent
child of the marriage, or any other party, when it would be equitable to do so, it is
in the best interest of the child or that party, and it is financially feasible for the
parties to maintain the residence until the child is emancipated or until exclusive
possession is otherwise terminated by a court of competent jurisdiction. In making
this determination, the court shall first determine if it would be in the best interest
of the dependent child to remain in the marital home; and, if not, whether other
equities would be served by giving any other party exclusive use and possession
of the marital home.

(i) The intentional dissipation, waste, depletion, or destruction of marital assets
after the filing of the petition or within 2 years prior to the filing of the petition.

(j) Any other factors necessary to do equity and justice between the parties."

                                                              Florida Statute 61.075

                            Other Contested Areas

Some other areas that may be contested during your divorce are:
Time-sharing, Child Support, Attorney's Fees, among other areas.

                                Complex Litigation

WILLIAM S. FOLEY, P.A. also handles high income and substantial asset
cases, please see the following link for these matters: High Asset and Complex
Litigation Divorce- William S. Foley, Tampa Divorce Lawyer