Divorce Lawyer Neptune Beach - Griffin Family Law (2022)

Divorce Lawyer Neptune Beach - Griffin Family Law (1)Going through a divorce is one of the most stressful and emotional things you may ever experience. Itis not easy to come to terms with the fact that the relationship you believed would last forever is ending. During this emotional and turbulent time, dealing with the legal system is something you may have a challenging time handling. This is we can be invaluable.

At Griffin Family Law, you can feel confident that we can help guide you through the legal process with experienced, compassionate legal services that ease the burdens you face. Mr. Griffin has been serving clients in and around Jacksonville and Neptune Beach for years, and we can provide you with the same professional, quality, and personalized services we offer every client.

Why You Should Hire Our Neptune Beach Divorce Lawyer?

If you do not have children or any assets or debts, hiring a divorce lawyer may not be necessary. However, for others, using our legal services is essential for getting a fair divorce settlement, especially if you consider the consequences of the decisions you make and how an attorney can help you avoid expensive mistakes.

For most, divorce is a tense and emotional time. With the help of Griffin Family Law, you can have a stress-free process. This is possible because we will explain your options and serve as an intermediary between you, your spouse, and your spouse’s legal counsel. In fact, we will handle virtually all the details related to your case. This means you can focus on helping your family overcome the emotional toll that the divorce causes.

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It is challenging to handle a divorce on your own and understand the complexities of the law. If you make a mistake, it can greatly impact your rights and situation. However, when you hire our legal team, you can feel confident we fully understand the local and state laws related to divorce. We will work to protect your rights and ensure that your best interests are protected throughout the process.

Grounds for Divorce in Neptune Beach

There are two different grounds for divorce allowed in Florida:

  1. Mental incapacity of one spouse
  2. Breakdown of the marriage

If you file for divorce based on an irretrievable breakdown of your marriage, you do not have to prove what caused the divorce. In the state of Florida, there are no fault-based grounds for divorce, which is when one spouse blames the other for the divorce.

Of the two legal grounds you can file for divorce in Florida, mental incapacity is not common. In fact, based on Florida law, you can only file for divorce because of mental incapacity if one spouse is judged for mental incapacitation for a minimum of three years. The spouse who files for divorce must provide evidence to show the other person’s mental state.

The Process of Filing for a Divorce in Florida

If you are ready to file for divorce, you must file the “Petition for Dissolution of Marriage. “The person who files for divorce needs to use this petition to outline any issues that the court should cover during the divorce proceedings, including requests for child custody or alimony.

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To be eligible, one spouse must be a Florida resident for at least six months prior to filing for the divorce. Once you have filed for divorce, your spouse is served with the papers and will have 20 days to reply.

If your spouse contests the divorce or if you and your spouse have minor children, it is required that you attend counseling and wait for a divorce hearing to be scheduled. For contested divorces, the process may take months or even years to resolve and to receive the final divorce decree.

What Does “No-Fault” Mean for Your Florida Divorce?

Florida operates under a no-fault system for divorce. This means that you or your spouse have the right to file for a divorce based on “irreconcilable differences” alone.

In the divorce petition, you do not have to list a reason, like an affair, addiction, or abuse. You do not have to provide evidence that proves your spouse was responsible, either. While this is true, the judge may look at your spouse’s misconduct when they divide your marital assets or when determining child custody.

The Division of Assets in a Florida Divorce

According to Florida law, the court will divide your marital estate equitably during your divorce. Keep in mind that equitable division does not always mean an even division. Judges will consider a few factors when dividing property in your divorce. These include:

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  • How long the marriage lasted
  • Each person’s contribution to the marriage, which includes earning money, supporting the other’s career, parenting services, and household services
  • Each spouse’s ability to earn income moving forward and current financial/economic standing

The court will only divide debts and assets that are a part of your marital estate. Usually, this includes anything that was acquired during the marriage. Each spouse’s assets and debts before the marriage or what was acquired as part of inheritance during the marriage are usually considered separate property and not divided.

While this is true, there are some exceptions. One is if you have “comingled” your individual assets and marital assets. If you deposit money from your inheritance to a joint account, this may occur. In this case, the money may be considered during the equitable division process.

You may have earned retirement benefits from a job that you left before getting married in another situation. Your spouse might be able to claim the benefits if the asset’s value increased during your marriage.

We understand how to assess your marital estate and can help you understand if you have any right to some of your spouse’s assets. We can also represent your best interests by negotiating for you to ensure a fair settlement.

Determining Child Custody in Your Florida Divorce

Absent an agreement, the court will determine how much time the minor children will spend with each parent and how the parents will share parental responsibility. During Florida child custody cases, the court’s top priority is what is in the best interest of the child.

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The courts will consider a few factors to make this determination. These include:

  • The mental and physical ability each parent has to care for the child
  • The relationship, ties, and affection the child has with each parent
  • Creating a custody arrangement that allows for continuity in the child’s religious affiliation, education, extracurricular activities, medical care, and interaction with family and friends
  • The child’s health and age
  • The likelihood that each parent will follow the time-sharing schedule, encourage the child to communicate with the other parent, and accommodate any type of reasonable change that is needed
  • Concerns with each parent like substance abuse or history of domestic violence
  • How well each parent meets the developmental and emotional needs of the child
  • Involvement of each parent in the child’s life and how much they will personally provide

Call Our Neptune Beach Divorce Lawyer For Help

It does not matter what type of divorce you are going through; we are ready to help. We can handle:

  • Contested divorce
  • Uncontested divorce
  • Same-sex divorce
  • Military divorce

Along with helping with your divorce case, we will also help with an array of other issues that may pop up during the proceedings. This includes things like:

  • Spousal support
  • Child support
  • Child custody
  • Postnuptial and prenuptial agreements
  • Property division
  • Enforcement
  • Modifications

You can count on Griffin Family Law to be your advocate through this difficult and emotional time. We are proud to serve clients in and around the Neptune Beach area and would like to get started with an initial consultation. During this meeting, our team will get to know about your case and what your goals are. You can count on us to fight for your rights and seek to help you achieve the desired outcome for your divorce case.

At Griffin Family Law, Mr. Griffin has extensive experience handling a wide array of divorce situations. We will give you and your case the personalized attention needed along with compassionate representation. If you are ready to get started, give us a call or reach out online. We will help you with the case and provide guidance along the way.

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FAQs

What is the average retainer fee for a divorce lawyer in Massachusetts? ›

Most attorneys in Massachusetts require an initial "retainer fee" of $3,500 to $10,000 for a divorce, usually a little less for child custody or child support cases. A retainer is simply a pre-payment for services.

How much does a divorce lawyer cost in CO? ›

On average, Colorado divorce lawyers charge between $230 and $280 per hour. Average total costs for Colorado divorce lawyers are $11,000 to $11,700 but are typically significantly lower in cases with no contested issues.

How much is contested divorce Alabama? ›

Contested divorces are almost always more expensive, requiring higher retainers and more work from an Alabama divorce lawyer. Estimated costs for a contested divorce range from $3,000 to $5,000 or more, depending on litigation time and other factors.

How much does a divorce lawyer cost in Mississippi? ›

Divorce Filing Fees and Typical Attorney Fees by State
StateAverage Filing Fees
Mississippi$400
Missouri$133.50 (without minor children), $233.50 (with minor children) (District specific fees. This example is from Jefferson County Circuit.)
Montana$170
Nebraska$158
48 more rows
21 Jul 2020

How much does it cost to get a divorce if both parties agree Massachusetts? ›

For example, if you have an “uncontested” divorce (under Chapter 208, Section 1A), the cost of your divorce will be somewhere between $220 (the approximately filing fee cost, assuming you don't have attorneys) and $5,000. Typically, our firm can complete a relatively simple “1A” divorce between $3,500 and $5,000.

What is the cheapest price for a divorce? ›

If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500.

Why is divorce so expensive? ›

What makes a divorce so expensive has a lot to do with conflict and disagreements. Frequent miscommunication doesn't help to lower costs, either. If you can handle your case using an alternative method to litigation, you're likely to find yourself saving some money.

What is a rose motion? ›

Under this case, a Colorado court can force the spouse with the money to give a set amount of money to the other spouse to fund the divorce. These requests are called “Rose motions” because of the case from which they originated.

How long do you have to be separated before divorce in Colorado? ›

How long do you have to be separated before divorce in Colorado? In this state, the legally separated party is required to wait six months before they can pursue a divorce. This means the waiting period begins when the separation decree is put in place and at the end of that six months the spouse may request a divorce.

Is Alabama an alimony state? ›

Under current Alabama divorce law, a court may award alimony in order to allow an ex-spouse to maintain their standard of living after the divorce or for “rehabilitative” purposes. As a rule of thumb, the longer the marriage, the more likelihood that alimony may be awarded.

How long does contested divorce take in Alabama? ›

A contested divorce can take anywhere from 30 days to months or years, depending on if there is a trial or not. If both parties cannot reach an agreement during the contested divorce and a trial is necessary to determine the contested issues, then it can take much longer than an uncontested divorce.

How long does it take for a divorce to be final in Alabama? ›

There is a 30-day waiting period from the time that you file your divorce papers with the court until the court can grant a divorce. In most cases, the divorce will take longer than 30 days to process. Most uncontested divorces can be resolved within 10 weeks. However, contested divorces may take much longer.

How long before a divorce is final in Mississippi? ›

After you've filed your joint complaint based on irreconcilable differences, Mississippi has a 60-day waiting period before your uncontested divorce can be finalized. You generally won't need to attend a hearing. Rather, a judge will review your settlement agreement and other paperwork.

How long do you have to be separated before divorce is automatic? ›

There's no legal time limit on when you can start divorce proceedings, as long as you've been married for one year. You can begin divorce proceedings as soon as you separate.

Can you get a divorce without going to court? ›

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.

How long can a spouse drag out a divorce? ›

There is no deadline on divorce, so your spouse could delay the process for months and even years depending on the circumstances of your situation. However, you don't have to sit around while your spouse takes their time. With the help of a lawyer, you can request a court hearing to address these issues.

How long after a divorce can you remarry in Massachusetts? ›

Final divorce

You can't remarry until the nisi period is complete. A “1A” divorce isn't final until 120 days from the date of the judgment. A “1B” divorce or fault divorce isn't final until 90 days from the date of the hearing if a judgment is entered.

What happens at an uncontested divorce hearing? ›

Once you have answered basic questions about your divorce agreement, the judge will ask you to state the reason for the divorce, known as a “cause of action.” During the hearing, the court will also ask you to confirm the date and place of your marriage, the names and birth/adoption dates of any children, living ...

How long is divorce process? ›

On average, it takes 12 months to complete a divorce, from filing the divorce petition to finalizing the judgment. If the case goes to trial, the average time is about 18 months. The average cost of divorce in 2019 was $12,900, which includes $11,300 in attorney's fees and about $1,600 in other expenses.

What is the easiest way to get divorced? ›

Divorce by mutual consent is considered to be the quickest and the easy way to get a divorce in India, under Section 13 B of the Hindu Marriage Act, 1955. The process under mutual consent divorce is considered to be inexpensive and non-tortuous.

What is an uncontested divorce? ›

Unlike a contested divorce, an uncontested divorce is one where both parties agree on all terms of the divorce. This includes child custody, child and spousal support, and the division of marital property and debts.

How much money does wife get in divorce? ›

Periodical alimony amount: The Supreme Court of India guides the husband or the wife to pay 25% of their monthly income to the other for court expenses and leading a livelihood. Hever, there is no alimony calculator to find out the actual amount that one has to pay as alimony.

What are the four main issues in divorce? ›

There are four major issues in divorce: property division, alimony, child custody, and child support.

What is the #1 reason for divorce? ›

According to various studies, the three most common causes of divorce are conflict, arguing, irretrievable breakdown in the relationship, lack of commitment, infidelity, and lack of physical intimacy. The least common reasons are lack of shared interests and incompatibility between partners.

How much is a divorce in Colorado? ›

You may be surprised to hear that the average cost of a divorce in Colorado is between $9,800 and $11,800, according to research from Martindale-Nolo. This includes the cost of hiring the lawyers and/or mediators from the beginning to the end of the process, as well as filing fees, court fees and other sundry costs.

What are reasonable attorney fees in Colorado? ›

The average hourly rate for a lawyer in Colorado is between $128 and $507 per hour.

How many years do you have to be married to get alimony in Colorado? ›

Requirements for Spousal Maintenance

First, you must be married for at least ten years. Second, you must show that you are unable to support yourself. Lastly, you must show that your spouse is able to support you. If you meet these requirements, then you may be eligible for alimony in Colorado.

Is alimony mandatory in Colorado? ›

A: No, spousal support is not mandatory in Colorado. If both spouses can support themselves after the divorce, the court is unlikely to order spousal support.

Can you date while separated in Colorado? ›

Can I date while legally separated from my spouse? According to Colorado law, while you are legally separated from your spouse, you are still technically married. You can date other people without violating bigamy laws. Colorado is a no-fault state which does not consider fault in reasons for divorce.

Does adultery affect alimony in Alabama? ›

The Effect That Adultery Has on Alimony In Alabama

In the state of Alabama, infidelity by a spouse is not a bar to alimony for the offending spouse. In some situations when adultery was a substantial factor in the dissolution of the marriage, however, a judge may withhold an alimony order from a spouse.

Does the wife get half in a divorce in Alabama? ›

Alabama is not a community property state in which all assets are split 50/50 and divided between the couple. Alabama is an equitable distribution state, which means that assets gained during the marriage or used for the benefit of the marriage should be split in a fair and equitable way.

Who gets the house in a divorce in Alabama? ›

Alabama courts always prefer that the spouses decide amongst themselves who gets the house and all marital assets. Courts will only step in and make a decision if the couple is not able to arrive at one themselves or with the help of their lawyers.

What is considered abandonment in a marriage in Alabama? ›

Abandonment means that one spouse has left the other spouse without consent. To satisfy Alabama's abandonment requirements, individuals must demonstrate that a spouse was absent from both the marital home and relationship for at least one year prior to the initiation of the divorce.

Does it matter who files for divorce first in Alabama? ›

Not Being the First to File

There are advantages to being the first party to file. By filing first, you become the plaintiff and your spouse the defendant. As the plaintiff, you have the advantage of being on the offense and setting the tone of the divorce.

What is the penalty for adultery in Alabama? ›

Alabama Does Not Punish Adultery as a Crime

Accordingly, Alabama, like every other state, no longer punishes the crime of adultery. Regardless of whether you are cohabitating, separated, married, annulled, divorcing or divorced, you will not be arrested or criminally penalized for adultery.

What happens if spouse does not respond to divorce papers in Alabama? ›

If the MIA-spouse still does not respond, the filing spouse can appear at their divorce hearing and will likely be granted divorce by default and receive everything they asked for in their original complaint.

Do both parties have to agree to a divorce in Alabama? ›

In Alabama, if both spouses do not agree to all terms, the divorce will proceed as a contested divorce. The Plaintiff's attorney (your attorney) will file a complaint for divorce with the court. In this complaint, you will establish the grounds for your divorce. The most common is an incompatibility of the parties.

Can you get a divorce without the other person signing in Alabama? ›

You can, in most cases, still get a divorce even if the other spouse is not ready. A divorce that is filed without an agreement is called a contested divorce in Alabama. The first thing you need in filing for any type of divorce is grounds. In Alabama, you can file for divorce without fault attributed to either spouse.

Can you date while going through a divorce in Mississippi? ›

It is commonly asked by clients, “Can I date others?” The short answer is NO. In Mississippi divorce there is no such thing as “legal separation.” You are married until you are divorced. That means either party could get “fault grounds” against the other at any time prior to the divorce being granted.

Can a divorce be denied in Mississippi? ›

If your spouse has contested the divorce or denied that there are irreconcilable differences, the judge can still grant the divorce if your spouse withdraws (takes back) or cancels the denial/contest.

How long does alimony last in Mississippi? ›

Period Alimony in Mississippi consists of payments set at specific time intervals for a certain period. For example, this could be a monthly payment for exactly ten years, or an order that lasts until a specific event occurs. This type of alimony ends when the dependent spouse gets remarried or if either spouse dies.

Does a husband have to support his wife during separation? ›

a person has a responsibility to financially assist their spouse or former de-facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets. Where the need exists, both parties have an equal duty to support and maintain each other as far as they can.

What should you not do during separation? ›

5 Mistakes To Avoid During Your Separation
  • Keep it private.
  • Don't leave the house.
  • Don't pay more than your share.
  • Don't jump into a rebound relationship.
  • Don't put off the inevitable.
19 Oct 2016

How do I know if my marriage is over? ›

"If you're no longer spending any time together, if one or both partners is spending all their time at work, with friends, online — and if feels like a relief not to be with each other — it's a sign that you've already disengaged from the marriage." You don't support or listen to each other.

Is it possible to get divorce within a month? ›

No, as per different divorce laws in India, to apply for a mutual consent divorce, the couple must have lived separately for at least one year. Therefore, couples cannot file a petition for mutual divorce within 6 months of getting married.

Can you get a divorce if the other person refuses? ›

Firstly, your spouse cannot refuse a divorce. If you wish to divorce, it is your right to do so. However, the terms of the divorce are a different matter altogether. The important thing to remember is that your husband or wife cannot refuse a divorce and in doing so effectively force you to stay married.

Can you get divorce without your spouse signature? ›

In case your spouse is not agreeing to the mutual consent divorce, then you can file a petition under any of the grounds mentioned under Section 13(1) of the Hindu Marriage Act.

What is a typical retainer fee? ›

What is a typical retainer fee attorney? Some lawyers charge retainer fees of $1000, while others charge $5000+. Depending on the lawyer and the complexity of your case, you can usually expect to pay a retainer fee of between $3000 and $5000.

How much does it cost to get a divorce in Massachusetts? ›

Fees
NameFee
Divorce filing fee$200
Divorce filing surcharge$15

How are assets divided in a divorce in Massachusetts? ›

If a court, rather than the couple themselves, is deciding how to divide assets, Massachusetts law (Chapter 208, Section 34) specifies that “the court may assign to either husband or wife all or any part of the estate of the other.” In other words, the court can take all the property of one spouse, even premarital, and ...

How long does a divorce take in MA? ›

An uncontested divorce will finalize within 90 to 120 days. If there is a separation agreement involved, the timeline is closer to the 120 days. There are simplified divorce procedures for people who are in complete agreement and they may apply to you.

Do you get retainer fees back? ›

About retainer fees

If the fee agreement is a nonrefundable retainer agreement, you may not be able to get your money back, even if the lawyer does not handle your case or complete the work. A retainer fee also can mean that the lawyer is “on call” to handle the client's legal problems over a period of time.

How do you negotiate a retainer fee? ›

How to Win and Secure a Great Retainer Agreement
  1. Target your Most Important Clients. ...
  2. Position Yourself as Invaluable. ...
  3. Consider Dropping your Rate. ...
  4. Don't Skip the Proposal Part. ...
  5. Shoot for a Retainer that's Time-Bound. ...
  6. Be Clear About the Work you Do Under the Retainer. ...
  7. Add the Details. ...
  8. Track Time.
29 Jun 2015

How do you calculate a retainer? ›

Multiply the number of hours by your hourly rate to calculate your monthly retainer. For example, multiplying 25 hours by an hourly rate of $107 equals a $2,675 monthly retainer.

Is dating during separation adultery in MA? ›

There is no law in Massachusetts that prevents spouses from dating after separating or divorcing, but if a spouse does choose to date, he/she should be mindful of how it can impact his/her divorce.

How long do you have to be separated before divorce in Massachusetts? ›

As long as the desire to seek a divorce is mutual, then you can seek a divorce as long as you have proof that you have been separated from each other physically for at least 18 months.

How long after a divorce can you remarry in Massachusetts? ›

Final divorce

You can't remarry until the nisi period is complete. A “1A” divorce isn't final until 120 days from the date of the judgment. A “1B” divorce or fault divorce isn't final until 90 days from the date of the hearing if a judgment is entered.

Does a wife get half the 401k in a divorce? ›

A 401(k) account allows employees to set aside a portion of their monthly paycheck for their golden years. If you decide to get a divorce from your spouse, you can claim up to half of their 401(k) savings. Similarly, your spouse can also get half of your 401(k) savings if you divorce.

How much is alimony in MA? ›

Massachusetts laws
Length of marriageLength of general term alimony
5 up to 10 yearsNo more than 60% of the number of months of the marriage
10 up to 15 yearsNo more than 70% of the number of months of the marriage
15 up to 20 yearsNo more than 80% of the number of months of the marriage
20 or more yearsIndefinite
1 more row
6 Sept 2022

Can my wife get my retirement if we divorce? ›

If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. Your ex-spouse is age 62 or older.

How can I speed up my divorce in Massachusetts? ›

Couples going through a contested divorce might be able to speed up the process with a status conference with the judge or a pre-trial conference. If they're unable to reach a divorce settlement, they will have to go to court after six months have passed.

Does it matter who files for divorce first in Massachusetts? ›

Filing first for divorce does not matter in Massachusetts. The first person to file will choose the grounds for divorce or whether to file a no fault divorce.

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