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Florida Divorce Handbook, by Gerald Keane
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This updated sixth edition reflects the most recent changes in family law in Florida. It offers an overview of the divorce process, introduces the basic vocabulary and legal concepts associated with divorce, and familarizes you with what to expect if you are planning to divorce in Florida or if you are already divorced and have questions about your rights. Property division and child custody are outlined in separate chapters. Special topics include the mediation process, financial affidavit preparation and tax aspects of divorce. This book also covers the simplified dissolution of marriage procedure, which allows couples who have no children or property disputes to file for divorce without an attorney.
- Sales Rank: #195937 in eBooks
- Published on: 2013-05-01
- Released on: 2013-06-01
- Format: Kindle eBook
About the Author
The author has practiced marital and family law for 40 years. He has been president of the Sarasota County Bar Association, chairman of the Florida Bar Grievance Committee, and author of child support and contact guidelines for the 12th Judicial Circuit. He is also the author of Florida Law, published by Pineapple Press.
Most helpful customer reviews
5 of 6 people found the following review helpful.
Make your divorce sunny in the Sunshine State
By H. B. Baker
Divorce Florida style changed dramatically when the Sunshine State and several others followed California's lead circa 1970 in passing legislation abolishing blame as a condition for putting a couple's wedlock asunder, a reform that came to be popularly known as "no-fault divorce."
No longer would a couple be condemned by outdated draconian laws to lives of quiet desperation simply because their marriage had gone rottenly sour and the partners had nothing left in common, the least of which was any semblance of love.
Florida has even changed the terminology in its statutes from "Divorce" to "Dissolution of Marriage."
Without a doubt, plenty of cheating husbands and wives had legitimate claims that amply satisfied the laws, yet proving them usually required pricey private detectives and could get very messy if not actually dangerous at times. But many couples didn't cheat or commit any other nasties on one another; many simply wanted to get away from each other for good.
Now, with the passage of the no-fault laws, no longer would an embattled couple have to hang all its dirty laundry out for public view and titillation. No longer would innocent couples have to concoct elaborate scenarios in which one or the other had fictionally engaged in adultery, cruelty, desertion, alcoholism, felonies, nonsupport, impotence and a devil's brew of other little impediments to marital bliss just to legally end a miserable marriage.
Such mendacious shenanigans inevitably created rolling tsunamis of mutually agreed-upon and universally ignored perjuries in America's divorce courts: the charges were phony and everyone knew it, never mind that they were made under oath. Lawyers and judges were simply using common sense by ignoring a legitimate law -- perjury -- in order to satisfy a stupid law and thereby serve the public's needs. Such nonsense was actually a driving force behind the reforms.
No-fault divorce is now the law of the land in all 50 states, with the last obstinate holdout -- control-freak New York -- finally agreeing in 2010 to butt its bureaucratic nose out of one of the most private decisions a married couple could make.
Nevertheless, slicing the ties that bind is not necessarily a smooth, clean cut in any state, and Florida couples wanting to split the sheets are fortunate to have the 2013 Sixth Edition of veteran marital and family law attorney Gerald B. Keane's classic "Florida Divorce Handbook" available to make sense of what can easily still become a confusing, nightmarish process even with all the reforms.
Written in clear, almost conversational language, Keane's handbook is beautifully and logically organized from Introduction to Index. It is truly a handbook, in which you can quickly find whatever specific information you're looking for. Each chapter heading includes a bulleted list of items summarizing what you'll learn in it. Sidebars containing important facts and definitions of legal terms that would otherwise clutter the main text are sprinkled generously throughout the chapters. Bold-text subheads in the main text make finding specific information quick and easy.
Keane doesn't pretend to turn you into a do-it-yourself divorce lawyer: "You won't be a legal expert when you finish reading this book," he writes, "but you'll be able to assist your lawyer during your case. You'll understand what he or she is talking about and be able to contribute to your cause."
The author makes clear that even though the legal requirement for one partner to place blame on the other is gone, the major issues that complicate a divorce remain -- children, distribution of assets and alimony -- and that's exactly what the handbook is all about. Ideally, you and your partner would amicably agree upon all issues so your divorce can proceed smoothly, but you'll first need to know exactly what issues will be involved in your specific case. You'll find all the possible problems in this handbook and learn exactly how to deal with the ones that pertain to your situation. Once that's out of the way, all that's left would be for your lawyer to put the details before a court. And you'll save a bundle of money in attorney's fees.
But suppose you DON'T agree on a number of issues. Keane devotes a chapter to explaining the difference between mediation and arbitration and why mediation is the better course of action. He also explains how Texas is on the cutting edge of collaborative law, in which attorneys for both sides work together as a team rather than adversaries, and Florida is behind the curve on this innovative method of resolving issues.
Also included are important sections on taxes and prenuptial agreements. Nine appendices reproduce a number of divorce-related forms and deal with choosing a lawyer and preparing a financial affidavit.
Here's the complete list of Contents:
Introduction (Don't skip it.)
Chapters:
1. What is Dissolution of Marriage?
2. Crisis Time: Crossing the Threshold into Divorce
3. Dissolution Proceedings
4. Simplified Dissolution of Marriage
5. Timesharing with Children
6. Child Support
7. Alimony
8. Equitable Distribution
9. Enforcement
10. Modification
11. Taxes
12. Mediation/Collaborative Law
13. Roles after Dissolution
14. Nuptial Agreements
Appendices:
A. Choosing and Dealing with Attorneys
B. Petition for Dissolution
C. Preparing a Financial Affidavit
D. Parenting Plan Form
E. Statewide Child Support Guidelines
F. Simplified Dissolution of Marriage
G. Parent Education and Family Stabilization Course
H. Child Support Worksheet
I. Depositions
Glossary
Index
Believe it or not, there's a bright side to divorce if you live in Florida: "No one is fortunate to go through a divorce," says Keane, "but I don't think there's a better place to get a divorce than in Florida. I think it tries to be fair to men, women and, especially, children."
1 of 1 people found the following review helpful.
Simple and Direct Advice
By Henry Flood
This is a clear and concise guide for doing an uncontested divorce in Florida.
0 of 0 people found the following review helpful.
Excellent book and it is unfortunate that there might be ...
By carlos
Excellent book and it is unfortunate that there might be no follow or update on this book.The author, explains the whole process of divorce in terms a lay person can understand.Clearly, besides being an attorney,the author is also an excellent writer.
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