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Tampa Divorce Lawyer 813-222-8210

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.   412 E. Madison Street *  Suite 1106 * Tampa, FL 33602 * Stan “The Man” Galewski * www.Galewski.com * 813-222-8210  

Contact Us for a Free Consultation

Did you know: Divorce and Family Law Tampa Insurance Attorneys at the Galewski Law have been involved in over 1,000 cases over the last decade, but we take a personal approach to each case.  There is no substitution for competent legal counsel. The decisions that you make now about your  can have a long lasting impact on you and your family.  I often say that everyone gets their day in court.  There is rarely a second chance to come back and change things with the judge or in a settlement agreement.  The same is true in all insurance claims and BP oil spill claims.   BP Oil spill claims should be handled and argues by a competent attorney that has a long history in insurance claims.  failure to properly handle your claim can cost thousands of dollars.  BP claims are highly technical, have numerous timelines and deadlines that must be honored.  Failure to comply with the requirements of the BO claim trust could result in a denial of your claim, or settlement less than what you deserve. This means that you should do things correct the first time. Just because a friend went through a similar situation, does not mean that they have had the same case or that they know your situation.  There is just no substitute for hiring the right law firm the first time.  Call the Galewski Law Group at 855-Stan-the-Man or 813-222-8210 now and get a free consultation.   Divorce Attorneys at the The Galewski Law Group are available at 855-Stan-the-Man or 813-222-8210.  Our attorneys also  provide Accident, Insurance Claim, Injury, Chapter 7, Chapter 11 and Chapter 13 bankruptcy, foreclosure defense, mortgage modification, Divorce, and Personal Injury representation to clients throughout the Tampa Bay Area including Hillsborough, Pinellas, Manatee, Pasco, Polk, Sarasota and Hardee County and in cities that include Tampa, Clearwater, Dover, Seffner, Tarpon Springs, St. Petersburg, Palm Harbor, Dunedin, Safety Harbor, Lutz, Holiday,, Oldsmar, Sarasota, Crystal Beach, Bradenton, Lakeland, Brandon, Plant City, New Port Richey, Trinity, Spring Hill, Port Richey, Largo, Seminole, Pinellas Park, and Bartow. 412 E. Madison Street *  Suite 1106 * Tampa, FL 33602 * Stan “The Man” Galewski * www.Galewski.com * 813-222-8210