Tampa's Best Divorce Lawyers: 1112 E. Kennedy Blvd. * Tampa, FL 33602 * T 813.222.8210 * F 813.222.8211
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TAMPA DIVORCE LAWYER’S
ANSWERS TO FAQ
1. Equitable Distribution:
A. How are assets and debts divided through a Divorce?
B. Inheritance & Gifts
2. Child Custody, Time Sharing and Child Support:
A. Can my Tampa Divorce Lawyer help me to obtain custody of my child?
B What is the difference between Child Custody and Time sharing/ residence?
C. Can my Tampa Divorce Lawyer get me sole custody of my Child?
3. Alimony :
A. Can my Tampa Divorce Lawyer help me obtain Alimony?
B. When is Alimony appropriate?
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.
1. Equitable Distribution
A. How are assets and debts divided through a Divorce?
Generally, all assets and debts purchase, acquired or created during the marriage, except inheritance or
gifts, are equally divided between the parties. Assets and debts are divided regardless of which parties
name the assets are held in or which party created the asset or debt.
B. Inheritance & Gifts
Generally, inheritance and gifts to one party from the spouse or a third party remain with recipient. There is
a caveat that if the asset is co-mingled into the marital assets the asset may become marital property. Your
Tampa Divorce Lawyer will meet with you for a free consultation and evaluation of your case. Each case is
different and your Tampa Divorce Lawyer will explain the factors relevant to your case and the applicable
law.
2. Child Custody, Time Sharing and Child Support
A. Can my Tampa Divorce Lawyer help me to obtain custody of my child?
Possibly. Your Tampa Divorce Lawyer will meet with you for a free consultation and evaluation of your
case. Your Tampa Divorce Lawyer will explain that the Court will likely evaluate three issues in regard to
your child’s well being: Custody (or decision making ability), timesharing and child support.
B. What is the difference between Child Custody and Time sharing/ residence?
Your Tampa Divorce Lawyer will explain that child custody is the parents control over the major decisions in
the life of the child. These decisions include medical, educational and religious decisions. Time sharing is
the breakdown of the time that the child will spend with each parent during the week. Typically the Court will
assign a primary residential parent, or give the child a primary home, and the by default the other parent
will be the secondary residential parent or get visitation time.
C. Can my Tampa Divorce Lawyer get me sole custody of my Child?
Possibly. Sole custody is only appropriate in the most extreme cases. Your Tampa Divorce Lawyer will
meet with you for a free consultation and evaluation of your case. Your Tampa Divorce Lawyer will explain
that sole custody generally is appropriate if the other parent is a danger to the child. The danger must be
real and direct to the child, and not mere accusations that you are a better parent.
D. How does my Tampa Divorce Lawyer prove that I am the best candidate to be the child’s
primary residential parent?
Each case is different, but your Tampa Divorce Lawyer will meet with you for a free consultation and
evaluation of your case. Your Tampa Divorce Lawyer will explain how the facts of your case fit into the
factors that the judge will review, and even how your particular judge has evaluated similar cases in the
past. The Court is bound to look at the factors set forth in Fla. Stat. 61.13(3).
3. Alimony
A. Can my Tampa Divorce Lawyer help me obtain Alimony?
Possibly. Alimony is appropriate in many case. Your Tampa Divorce Lawyer will meet with you for a free
consultation and evaluation of your case. Your Tampa Divorce Lawyer will explain that alimony is a general
formula based upon need and ability to pay. You may be entitled to alimony if you have a need for financial
assistance and your partner has an ability to pay you alimony.
B. When is Alimony appropriate?
Alimony is appropriate in many case. Your Tampa Divorce Lawyer will meet with you for a free consultation
and evaluation of your case. Your Tampa Divorce Lawyer will explain that alimony is a general formula
based upon need and ability to pay. You may be entitled to alimony if you have a need for financial
assistance and your partner has an ability to pay you alimony.
ANSWERS TO FAQ
1. Equitable Distribution:
A. How are assets and debts divided through a Divorce?
B. Inheritance & Gifts
2. Child Custody, Time Sharing and Child Support:
A. Can my Tampa Divorce Lawyer help me to obtain custody of my child?
B What is the difference between Child Custody and Time sharing/ residence?
C. Can my Tampa Divorce Lawyer get me sole custody of my Child?
3. Alimony :
A. Can my Tampa Divorce Lawyer help me obtain Alimony?
B. When is Alimony appropriate?
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.
1. Equitable Distribution
A. How are assets and debts divided through a Divorce?
Generally, all assets and debts purchase, acquired or created during the marriage, except inheritance or
gifts, are equally divided between the parties. Assets and debts are divided regardless of which parties
name the assets are held in or which party created the asset or debt.
B. Inheritance & Gifts
Generally, inheritance and gifts to one party from the spouse or a third party remain with recipient. There is
a caveat that if the asset is co-mingled into the marital assets the asset may become marital property. Your
Tampa Divorce Lawyer will meet with you for a free consultation and evaluation of your case. Each case is
different and your Tampa Divorce Lawyer will explain the factors relevant to your case and the applicable
law.
2. Child Custody, Time Sharing and Child Support
A. Can my Tampa Divorce Lawyer help me to obtain custody of my child?
Possibly. Your Tampa Divorce Lawyer will meet with you for a free consultation and evaluation of your
case. Your Tampa Divorce Lawyer will explain that the Court will likely evaluate three issues in regard to
your child’s well being: Custody (or decision making ability), timesharing and child support.
B. What is the difference between Child Custody and Time sharing/ residence?
Your Tampa Divorce Lawyer will explain that child custody is the parents control over the major decisions in
the life of the child. These decisions include medical, educational and religious decisions. Time sharing is
the breakdown of the time that the child will spend with each parent during the week. Typically the Court will
assign a primary residential parent, or give the child a primary home, and the by default the other parent
will be the secondary residential parent or get visitation time.
C. Can my Tampa Divorce Lawyer get me sole custody of my Child?
Possibly. Sole custody is only appropriate in the most extreme cases. Your Tampa Divorce Lawyer will
meet with you for a free consultation and evaluation of your case. Your Tampa Divorce Lawyer will explain
that sole custody generally is appropriate if the other parent is a danger to the child. The danger must be
real and direct to the child, and not mere accusations that you are a better parent.
D. How does my Tampa Divorce Lawyer prove that I am the best candidate to be the child’s
primary residential parent?
Each case is different, but your Tampa Divorce Lawyer will meet with you for a free consultation and
evaluation of your case. Your Tampa Divorce Lawyer will explain how the facts of your case fit into the
factors that the judge will review, and even how your particular judge has evaluated similar cases in the
past. The Court is bound to look at the factors set forth in Fla. Stat. 61.13(3).
3. Alimony
A. Can my Tampa Divorce Lawyer help me obtain Alimony?
Possibly. Alimony is appropriate in many case. Your Tampa Divorce Lawyer will meet with you for a free
consultation and evaluation of your case. Your Tampa Divorce Lawyer will explain that alimony is a general
formula based upon need and ability to pay. You may be entitled to alimony if you have a need for financial
assistance and your partner has an ability to pay you alimony.
B. When is Alimony appropriate?
Alimony is appropriate in many case. Your Tampa Divorce Lawyer will meet with you for a free consultation
and evaluation of your case. Your Tampa Divorce Lawyer will explain that alimony is a general formula
based upon need and ability to pay. You may be entitled to alimony if you have a need for financial
assistance and your partner has an ability to pay you alimony.
Tampa Bankruptcy Lawyer 1112 E. Kennedy Blvd, Tampa Fl 33602, Galewski Law Group, P.A.
The Galewski Law Group provides Divorce and family law services including child custody, alimony, support, martial asset distribution and protection including Chapter 7, Chapter 11 and Chapter
13 bankruptcy, foreclosure defense, short sale,and loan modification representation to clients throughout the Tampa Bay Area in cities that include Tampa, Clearwater, Tarpon Springs, St.
Petersburg, Palm Harbor, Dunedin, Lutz, Holiday, Safety Harbor, Oldsmar, Sarasota, Crystal Beach, Bradenton, Brandon, Plant City, Trinity, Lakeland, Spring Hill, New Port Richey, Port Richey,
Largo, Seminole, Pinellas Park, Ozona and throughout Hillsborough County, Pinellas County, Manatee County, Pasco County, Polk County, Sarasota County and Hardee County.
13 bankruptcy, foreclosure defense, short sale,and loan modification representation to clients throughout the Tampa Bay Area in cities that include Tampa, Clearwater, Tarpon Springs, St.
Petersburg, Palm Harbor, Dunedin, Lutz, Holiday, Safety Harbor, Oldsmar, Sarasota, Crystal Beach, Bradenton, Brandon, Plant City, Trinity, Lakeland, Spring Hill, New Port Richey, Port Richey,
Largo, Seminole, Pinellas Park, Ozona and throughout Hillsborough County, Pinellas County, Manatee County, Pasco County, Polk County, Sarasota County and Hardee County.
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