Tampa's Best Divorce Lawyers: 1112 E. Kennedy Blvd. * Tampa, FL 33602 * T 813.222.8210 * F 813.222.8211
www.Galewski.com
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www.Galewski.com
www.GalewskiTitle.com
TAMPA DIVORCE ATTORNEY
Question of the week:
Custody:
Is it true that the law changed as to custody and that the parents will now have to have split or 50/50
custody.
This is a great misconception. There was a significant law change in regard to child custody and timesharing
that took effect on October 1, 2008, but that law does not necessarily translate to equal time. The Court is
looking to remove the fight over primary residential rights and now wants people to focus on how they will share
time with the child. This is different from mandatory 50/50 time. The Court must still look to the best interest of
the child to determine how time will be shared between the parents. Moreover, the Divorce Court will want you
to work with your co-parent to develop a time sharing parenting plan. To evaluate the specifics of your case
contact your Tampa divorce attorney.
Property:
I am up-side-down or have negative equity in my home, how do we divide the property?
If you owe more than your house is worth, the court will typically agree with any agreement that you and your
spouse may decide upon. Options that have worked are that the property is treated as an asset and the
mortgage is treated as a liability and each item is divided accordingly. Other times the property is sold and
each side will pay a portion of the loss at closing. More often than not, the property will be either paid by one
spouse that will continue to live in the home, or the house will be sold via short sale, where the bank will work
with the parties and cover the loss.
II. Tampa Divorce Action
a. How do you start an action for divorce or separation in Tampa?
An action for divorce or annulment is started by filing a Petition for Dissolution of Marriage. Thereafter, the
Petition must be served personally on your spouse and an affidavit of personal service must be filed in court.
b. What is a summons?
A Summons is a legal document which gives notice to your spouse (the Respondent) that an action was started.
c. What is a Petition for Dissolution of Marriage?
The Petition is a legal document in the action for divorce or annulment. It contains the specific details and
reasons for the relief requested, including your grounds for divorce or annulment; it also contains other
requests such as child custody, visitation, child support and alimony, equitable distribution of marital property,
health insurance, life insurance, payment of legal fees and experts' fees, exclusive possession of the marital
residence, orders of protection, etc.
d. What happens after my spouse is served with the summons?
You start the divorce action by serving a summons and a verified petition and your spouse has 20 days to
serve his or her answer to your petition. The Answer may also contain counterclaims against you. You have 10
days to reply to the counterclaim.
e. Do I have a right to see my spouse's financial records?
In Tampa, both spouses have the right to complete Financial Disclosure as to the other spouse's income,
assets and expenses before the case can proceed to trial or amicable settlement negotiations.
f. How do I prove my divorce case?
Whatever ground, or reasons you rely on to file for divorce, it will have to be proved. The evidence necessary
to prove a certain ground is established by prior cases. If your spouse contests the action for divorce, there
must be a trial or hearing at which at least one witness (it may be you) will have to testify about your allegations.
Florida does not require much proof that the marriage is irretrievable broken and will often take the parties
statement about the condition of the marriage as proof.
g. What are the grounds for a divorce in Tampa?
A party must show that the marriage is irretrievably broken or that irreconcilable differences exist between the
parties. This is a very low burden to prove.
h. Am I required to reside in Tampa before I can begin my divorce action?
There are a number of factors to consider in regard to venue and jurisdiction, but generally a case is proper in
Florida if you reside in Florida for six month prior to the filing of the petition for dissolution of marriage. A case
is proper in Hillsborough when your resided as husband and wife last in the county.
I. How long will it take to get divorced in Tampa
A simple uncontested divorce can be processed within 30-90 days. A complex contested divorce action,
involving contested custody, support, valuation and property issues can take from 6-9 months or longer.v
Question of the week:
Custody:
Is it true that the law changed as to custody and that the parents will now have to have split or 50/50
custody.
This is a great misconception. There was a significant law change in regard to child custody and timesharing
that took effect on October 1, 2008, but that law does not necessarily translate to equal time. The Court is
looking to remove the fight over primary residential rights and now wants people to focus on how they will share
time with the child. This is different from mandatory 50/50 time. The Court must still look to the best interest of
the child to determine how time will be shared between the parents. Moreover, the Divorce Court will want you
to work with your co-parent to develop a time sharing parenting plan. To evaluate the specifics of your case
contact your Tampa divorce attorney.
Property:
I am up-side-down or have negative equity in my home, how do we divide the property?
If you owe more than your house is worth, the court will typically agree with any agreement that you and your
spouse may decide upon. Options that have worked are that the property is treated as an asset and the
mortgage is treated as a liability and each item is divided accordingly. Other times the property is sold and
each side will pay a portion of the loss at closing. More often than not, the property will be either paid by one
spouse that will continue to live in the home, or the house will be sold via short sale, where the bank will work
with the parties and cover the loss.
II. Tampa Divorce Action
a. How do you start an action for divorce or separation in Tampa?
An action for divorce or annulment is started by filing a Petition for Dissolution of Marriage. Thereafter, the
Petition must be served personally on your spouse and an affidavit of personal service must be filed in court.
b. What is a summons?
A Summons is a legal document which gives notice to your spouse (the Respondent) that an action was started.
c. What is a Petition for Dissolution of Marriage?
The Petition is a legal document in the action for divorce or annulment. It contains the specific details and
reasons for the relief requested, including your grounds for divorce or annulment; it also contains other
requests such as child custody, visitation, child support and alimony, equitable distribution of marital property,
health insurance, life insurance, payment of legal fees and experts' fees, exclusive possession of the marital
residence, orders of protection, etc.
d. What happens after my spouse is served with the summons?
You start the divorce action by serving a summons and a verified petition and your spouse has 20 days to
serve his or her answer to your petition. The Answer may also contain counterclaims against you. You have 10
days to reply to the counterclaim.
e. Do I have a right to see my spouse's financial records?
In Tampa, both spouses have the right to complete Financial Disclosure as to the other spouse's income,
assets and expenses before the case can proceed to trial or amicable settlement negotiations.
f. How do I prove my divorce case?
Whatever ground, or reasons you rely on to file for divorce, it will have to be proved. The evidence necessary
to prove a certain ground is established by prior cases. If your spouse contests the action for divorce, there
must be a trial or hearing at which at least one witness (it may be you) will have to testify about your allegations.
Florida does not require much proof that the marriage is irretrievable broken and will often take the parties
statement about the condition of the marriage as proof.
g. What are the grounds for a divorce in Tampa?
A party must show that the marriage is irretrievably broken or that irreconcilable differences exist between the
parties. This is a very low burden to prove.
h. Am I required to reside in Tampa before I can begin my divorce action?
There are a number of factors to consider in regard to venue and jurisdiction, but generally a case is proper in
Florida if you reside in Florida for six month prior to the filing of the petition for dissolution of marriage. A case
is proper in Hillsborough when your resided as husband and wife last in the county.
I. How long will it take to get divorced in Tampa
A simple uncontested divorce can be processed within 30-90 days. A complex contested divorce action,
involving contested custody, support, valuation and property issues can take from 6-9 months or longer.v
Tampa Bankruptcy Attorney’s Update to the Bankruptcy Mortgage Reduction or Bankruptcy Mortgage Modification
Amendments:
Senate Rejects Mortgage Cramdown Provision
The Senate defeated by 51 to 45 votes an amendment to the Helping Families Save Their Homes Act that would have granted bankruptcy judges broad
authority to modify the mortgage terms for at-risk homeowners.
Assistant Senate Majority Leader Dick Durbin, D-Ill., chief sponsor of the ‘cramdown’ provision, said he was disappointed with the vote but would continue to
bring the issue to the floor “until the Senate decides to put the interests of homeowners above the interests of bankers.” Durbin noted that the number of
homeowners at risk of losing their homes now stands at over eight million, compared to nearly two million only two years ago.
“We’ve given the bankers who got us into this crisis every opportunity to responsibly address this crisis and they have failed,” Durbin said.
The White House said that notwithstanding the Senate vote on the Durbin amendment it looks forward to working with Congress to craft “appropriately tailored
legislation to provide a mechanism for homeowners who are out of other options to file for bankruptcy and implement a responsible plan to pay the debts that
they are able to pay.”
Meanwhile, Senate Minority Leader Mitch McConnell, R-Ky., said the provision would have lead to higher interest rates and even greater uncertainty in the
housing and credit markets. “It’s clear that we cannot fix the housing problem by implementing bad policies,” he said.
The American Bankers Association agreed, noting that Congress and the administration have taken several strong steps to help troubled borrowers and get
the economy back on track. “Giving bankruptcy judges broad cramdown authority would work against those efforts and effectively undermine the goal of
stabilizing the housing market,” the association said.
Analysis: Your Tampa Bankruptcy Lawyer notes that this means that for the time a Bankruptcy cannot be used to
reduce the principal amount due on a first mortgage, but since the House has passed the Bankruptcy Reform Bill,
it is possible that a Bankruptcy Judge may have the authority to cramdown or modify a mortgage in the near
future.
Amendments:
Senate Rejects Mortgage Cramdown Provision
The Senate defeated by 51 to 45 votes an amendment to the Helping Families Save Their Homes Act that would have granted bankruptcy judges broad
authority to modify the mortgage terms for at-risk homeowners.
Assistant Senate Majority Leader Dick Durbin, D-Ill., chief sponsor of the ‘cramdown’ provision, said he was disappointed with the vote but would continue to
bring the issue to the floor “until the Senate decides to put the interests of homeowners above the interests of bankers.” Durbin noted that the number of
homeowners at risk of losing their homes now stands at over eight million, compared to nearly two million only two years ago.
“We’ve given the bankers who got us into this crisis every opportunity to responsibly address this crisis and they have failed,” Durbin said.
The White House said that notwithstanding the Senate vote on the Durbin amendment it looks forward to working with Congress to craft “appropriately tailored
legislation to provide a mechanism for homeowners who are out of other options to file for bankruptcy and implement a responsible plan to pay the debts that
they are able to pay.”
Meanwhile, Senate Minority Leader Mitch McConnell, R-Ky., said the provision would have lead to higher interest rates and even greater uncertainty in the
housing and credit markets. “It’s clear that we cannot fix the housing problem by implementing bad policies,” he said.
The American Bankers Association agreed, noting that Congress and the administration have taken several strong steps to help troubled borrowers and get
the economy back on track. “Giving bankruptcy judges broad cramdown authority would work against those efforts and effectively undermine the goal of
stabilizing the housing market,” the association said.
Analysis: Your Tampa Bankruptcy Lawyer notes that this means that for the time a Bankruptcy cannot be used to
reduce the principal amount due on a first mortgage, but since the House has passed the Bankruptcy Reform Bill,
it is possible that a Bankruptcy Judge may have the authority to cramdown or modify a mortgage in the near
future.
Tampa Divorce Lawyer 1112 E. Kennedy Blvd, Tampa Fl 33602, Galewski Law Group, P.A.
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