The Role Discovery Plays in How Long it Takes to Get a Divorce at the Delray Beach Courthouse
How long does a divorce take in the Delray Beach Clerk of Courts shouldn’t be at the top of anyone’s list of priorities. Instead, a focus on the future should take precedence. In this world, nothing is certain but death and taxes. Financial planning while separated is a friend to any families divorce. As a result, if you want to know how to prepare for a divorce in Palm Beach County, this is key.
A Good Starting Point to Plan for the Future is to Look at a History of Marital Finances
Florida Family Law Rule of Procedure 12.285 lays out mandatory disclosure requirements. These are the documents parties must exchange before a judge will sign a final judgment at the county courthouse beach location. All parties subject to automatic mandatory disclosure must file a certificate of compliance with the Delray Beach Clerk of Courts. A certificate of compliance with mandatory disclosure identifies the documents and certifies the date of service of the documents by that party. Additionally, a party must affirm that their mandatory disclosure is complete, accurate, and in compliance with Rule 12.285.
There are three clerk offices that all process divorces in Palm Beach County. The south county courthouse Delray Beach location is in Downtown Delray FL, the main courthouse is in West Palm Beach and the north county location is in Palm Beach Gardens.
How Long Does a Divorce Take in Florida? At Least 45 Days
Mandatory disclosure is unique to family law. A party’s financial affidavit and child support guidelines worksheet are filed with the Delray Beach Clerk of Courts. Other documents required for mandatory disclosure are exchanged only between spouse divorce and, therefore, not made part of the public recording centers at the county’s courthouses. The parties have 45 days from the service of the Petition to comply. However, the time for complying with mandatory disclosure may be extended via agreement of the parties. Either party can also file a motion with the court requesting an extension directly from the divorce courts. The Delray Beach Clerk of Courts, like all Florida clerks’ offices mandate that Rule 12.285 applies to all proceedings except the following:
- simplified dissolution
- injunctions for domestic violence, and
- uncontested dissolutions when the respondent is served by publication and an answer isn’t filed
Delray Beach Divorce Lawyers Warn That the Answer Varies to How Long Does A Divorce Take In Florida
A financial affidavit, as part of mandatory disclosure, should include all gross income, deductions, expenses, and assets and liabilities. This also includes those associated with a closely held business. You also have to include monies received from governments or a community job. Every listed expense should be accurately recorded.
If your income is below $50,0000.00, you qualify to file a financial affidavit short form with the Delray Beach Clerk of Courts. If a party’s annual gross income is above $50,000 a financial affidavit long form must be filed before a finalized divorce. The financial affidavit long form is provided by the Florida Supreme Court under the heading of Florida Family Law Rules of Procedure Form 12.902c. A financial affidavit must be filed in all cases, with narrow exceptions.
How Long Does a Divorce Take at the Delray Beach Courthouse If I Comply with Florida Rules?
When confronted with the fact that a marriage is ending, the last thing on a person’s mind is Uncle Sam. Remember, there’s a reason you’ve heard Ben Franklin’s words tossed around ad nausea since grade school! On your wedding day, you rolled your eyes at your father’s advice to never let your blushing bride hold you by the purse strings. You even ignored Great Aunt Ida’s comments about how odd it was that so many of your groom’s friends were from exotic passport destinations like Belize and Luxembourg. Didn’t he go to school in Poughkeepsie?!
Yet, you were blinded by the certainty that true love knows no harm. Then again, you couldn’t find the Delray Beach Fl Courthouse unless you had a map in front of you. This may be a good time to point out some other words of wisdom offered by Big Ben. Distrust and caution are the parents of security. If only you had paid as much attention to your junior high American History teacher as you did to playing MASH. Maybe then you’d have ended up making $10 million a year, living in a mansion in Hawaii with the hot substitute teacher, and a dog named Todd, instead of ducking the IRS.
The Best Answer to How Long Does a Divorce Take Depends on the Knowledge of How the Delray Beach Clerk of Courts Operates
Unfortunately, the realization that your beloved has been taking a page out of Wesley Snipe’s accounting book doesn’t become an issue until things go south. Your divorce attorney lets you know that you are jointly and individually responsible for any taxes, interest and penalties due on your joint return for the previous year.
Your fear heightens. You realize you probably waited a bit too long to look into how the Delray Beach Courthouse operates. Would you like a side of salt with that gaping wound from the knife in your back? This applies even if the filed divorce requires that a former spouse be solely responsible for any amounts due on previously filed returns. As you can see, the answer to how long does a divorce take varies depending on the circumstances.
Best Delray Beach Divorce Lawyers Advice: Know the Liabilities of Filing a Joint Tax Return
Fear not, young Jedi. There are three ways to find relief for joint liability. The first is innocent spouse relief. A person can be relieved of responsibility for paying tax, interest and penalties if his/her spouse, or former spouse, improperly reported items or omitted items on the tax return. The second way to secure relief for joint liability is separation of liability. This applies to joint filers who are divorced, widowed, legally separated, or who have not lived together for the 12 months ending on the date election of this relief is filed. The last is equitable relief. Unlike innocent spouse relief or separation of liability, a person can get equitable relief from an understatement of tax or an underpayment of tax. An underpayment of tax is an amount of tax properly reported on a return but not paid.
The best Delray Beach Divorce Lawyers will go over the consequences of filing a joint tax return or refer you to a CPA or tax attorney. Make sure you are timely in finding out how to prepare for a divorce in Florida. Don’t let your focus on questions like how long does a divorce take distract you from the big picture. As Mr. Franklin also famously said, by failing to prepare you are preparing to fail.
Click Boca Raton Divorce Family Law Attorney to schedule your consultation. Proudly Serving Boca Raton, Delray Beach, West Palm Beach, and all of Palm Beach County, South Florida.
West Palm Beach Divorce Lawyers Practice Areas Include:
Simplified Dissolution of Marriage
High Net Worth Divorce
Florida Alimony Laws
Mandatory Disclosure Florida
Financial Affidavit Florida
Legal Separation Agreement
Division of Property
Dissipation of Marital Assets
Contempt and Enforcement