:mb_convert_encoding() []: Illegal character encoding specified in on line How A Tampa Divorce Attorney Can Use Floridas Divorce Law Presumptions To Advance His Clients Goal

The filing of a Florida divorce petition may give rise to many disputes between the two parties. If the parties do not agree to an uncontested marriage dissolution the two parties can end up in a long, drawn out battle over many contentious issues. Often, the request of alimony payments by one spouse results in rigorous negations and debate between the two parties. The Tampa divorce attorney representing each spouse will use all pertinent facts and favorable Florida divorce laws to try and advance his clients goals regarding alimony negotiations. Frequently, the Tampa divorce lawyers will rely on the legal presumptions under Florida divorce law to advance their clients interests.

A legal presumption means that the court will presume that an underlying fact is true. A Tampa divorce lawyer will not need to prove the presumption or provide any evidence to support it. A Florida family law court will apply the legal presumption unless the opposing Tampa divorce attorney provides enough evidence to defeat the presumption. Thus, if the legal presumption weighs against a spouses position regarding alimony the spouse has the burden of proving the presumption should not apply.

Florida divorce law presumes that marriages lasting less then seven years are short term marriages and no alimony should be paid. However, if the Tampa divorce attorney can provide enough evidence to prove that refusing to award alimony would be inequitable the presumption will be defeated and alimony will be awarded. For instance, if the requesting spouse was involved in an accident, which resulted in the spouse being disabled and unable to work a Florida family law court may find that denying alimony payments would be inequitable.

On the other hand, long term marriages have the legal presumption that alimony is equitable and should be awarded. Under Florida divorce law, a long term marriage is a marriage that lasts more than 17 years. The length of the marriage will be measured from the date of the marriage certificate up to the date the petition for dissolution of marriage is filed. However, much like the legal presumption for short term marriages, the Tampa divorce lawyer does have an opportunity to defeat the legal presumption for long term marriages. If the Tampa divorce lawyer can prove that alimony payments would be inequitable the Florida family law court will not award alimony payments. For instance, if both of the spouses earned the same amount of money throughout the marriage the Florida family law court may rule that alimony is inequitable.

Regardless if the legal presumptions favor or hinder your goals regarding alimony payments a Tampa divorce attorney may be able to help. If your marriage is irretrievably broken and you are seeking a divorce you should contact Florida Law Group for a free consultation with one of our skilled Tampa divorce lawyers.