Attorney Valentine knows that divorce is difficult for a family to go through, and he provides representation in both uncontested and high-conflict divorce cases. He works hard in each case to ensure that his client's rights are protected throughout the divorce process and that each of his clients is positioned for a smooth transition into post-divorce life. Attorney Valentine is there to efficiently and effectively advise his clients on all of the legal issues that can arise in a divorce. He handles divorce matters throughout the Pinellas County and Tampa Bay.
Applying P.E.A.C.E. in Divorce
Even in high-conflict divorce cases the parties should be thinking about
PEACE. This acronym is used in divorce to outline the five major areas
that need to be addressed through agreement or litigation. They are
outlined below.
Parenting Plans
Child related issues are the most important issues in a divorce. Because
of their importance they are often the most contentious issues as well.
It is almost always best for the parents come to an amicable agreement
regarding parental responsibility (child custody), time-sharing (visitation), child support and other issues relating to thier children. The agreement that parents enter into with regard to child-related issues is called a parenting plan. Attorney Valentine has negotiated or parenting plans for hundreds of clients throughout Pinellas, Pasco, Hillsborough and Hernando Counties, and in the event that he cannot secure a parenting plan through an agreement then he will present his client's case in front of a judge in family court and obtain a judicial resolution.
Equitable Distribution
(Property Division in Divorce)
Many of our clients ask us "How does property get divided in a divorce?", or "What property will I get in the divorce?" The short answer is that you will get what you and your spouse agree to, or, if you cannot agree then the court will award you your "equitable" share of the marital assets. Under Florida law "equitable" does not necessarily mean equal, and there are many factors that a court may consider in dividing a marital estate. That is why it is important for your to consult with an experienced divorce attorney to discuss the specifics of your case. Attorney Valentine has handles high asset divorce matters in which there are substantial assets to be divided and those in which the parties' main concern iss who is going to pay for what debt. In each case he presents his clients with a fair assessment of their marital estate and advises them of what they can reasonably expect to receive.
Alimony
Most people know that alimony is the payment by one former spouse to the other following a divorce. However, in Florida there are many different types of alimony which can be awarded based upon the unique circumstances of the parties. It is important that you consult with an attorney regarding what type of alimony you may be ordered to pay or entitled to receive. The Florida Courts consider many factors in making a judgment regarding the amount and duration of alimony. The questions that the Courts must answer before determining whether alimony should be awarded at all are (1)Whether one spouse has an actual need for alimony; and (2) Whether the other spouse has the ability to pay. If the court determines that one spouse has an actual need and the other has the ability to pay then it will consider the following factors in determining the type, amount and duration of alimony awarded, including but not limited to the following (these are outlined in the Florida Statutes at 61.08(2)(a)-(j):
(1) The standard of living established during the marriage
(2) The duration of the marriage
(3) The age and physical and emotional condition of each party
(4) The financial resources of each party, including the nonmarital and marital assets and liabilities distributed to each
(5) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for
either party to acquire sufficient education or training to enable such party to find appropriate employment
(6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education and
career building of the other party
(7) The responsibilities each party will have with regard to any minor children they have in common
(8) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
(9) All sources of income available to either party, including income available to either party through investments of any assets held by that
party
(10) Any other factor necessary to do equity and justice between the parties.
If you have questions about alimony you should contact Attorney Valentine at 727-536-0022 today.
Child Support
Child Support is determined after alimony in a divorce and is generally based upon the parents incomes and child-related expenses including daycare and health insurance. Child support amounts are determined by the child support guidelines and should be calculated by an attorney to ensure that you are paying the proper amount. In limited circumstances there may be a justification for deviating from the child support guideline amount.
Everything Else
All families are unique, and Attorney Valentine understands each client has different priorities and concerns in a divorce. Sometimes those concerns revolve around a family business, who is paying for attorney's fees, or even how parties will share a pet. Regardless of the circumstance, Attorney Valentine will offer sound legal advice regarding all of the client's concerns and fight for a fair resolution.
