Tampa Attorney
GALEWSKI LAW GROUP, P.A.
|
TAMPA DIVORCE LAWYER
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.
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.