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Frequently Asked Questions about Family Law Matters
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How Is a Divorce Started?A divorce in Florida, called a dissolution of marriage, begins with a petition filed with the court. The petition will state what you are seeking in terms of the divorce. Four basic types of petitions exist depending on the circumstances of your situation. They are a Petition for Simplified Dissolution of Marriage, Petition for Dissolution of Marriage with a Dependent or Minor Child, Petition for Dissolution of Marriage with Property but no Dependent, and Petition of Dissolution of Marriage with No Dependent or Property. A copy of the Petition will be sent to your spouse who will have 20 days to respond with his or her own issues that will need to be resolved.
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Do I Need an Attorney for My Divorce Proceeding?If you and your spouse have good communication and can agree on most of the major issues that must be decided as part of a divorce proceeding, it may seem unnecessary to hire a divorce attorney. However, a divorce is still a legal proceeding with all of the paperwork and formality that it implies. A seemingly minor typographical error can have major implications down the road and result in significant legal expenses to correct. Having a lawyer on your side from the beginning can ensure that your interests will remain protected and that everything will be done correctly according to Florida law.
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How Long Does a Divorce Usually Take?It depends on the situation. If you and your spouse can agree on all issues, the divorce will generally go much faster. If you do not agree, then the court must step in and resolve the issues that are contested. The time this takes will vary depending on the complexity of the issues, court schedules, and more. The quickest and easiest divorce is one that is uncontested and simple where there are no dependents.
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I Know That the “best Interests” of the Child Is How a Court Decides Custody. What Does That Mean?There is no set definition for this term. Each child custody situation is resolved on a case-by-case basis. Every case is different with varying factors which must be reviewed to determine the best resolution in terms of both parents and the child. Florida courts strongly favor a continuing relationship with both parents for the child unless there is a valid reason factor against it, such as a parent with a history of domestic violence.
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I Am Not Receiving Court-ordered Child Support Payments. What Can I Do?If your child’s parent is failing to pay child support, we can help pursue an enforcement action. This may require little more than a sternly-worded reminder of the parent’s legal obligations. It may also involve additional steps to be taken, including wage garnishment or seeking to hold the parent in contempt of court. We can help explore your options and determine the best path forward for your situation.
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Can a Parent Who Has Physical Custody of a Child Move Out-of-state?A parent with physical child custody may relocate to another state or even another country. However, they must inform the other parent of their intention to move and any modifications to a custody agreement or a child support agreement must be approved by the court. Failure to follow the law can have serious consequences. We help both parents who are wishing to relocate and parents whose custody arrangements may be impacted by a move.