What can a Divorce Lawyer do for me?
Even simple divorces require many documents, and may require at least one appearance before the judge. The lawyer is responsible to help you through that process. It is the lawyer's role to give you up-to-date information on laws involving children, support, and property division. The lawyer acts as your advocate and assists you in negotiating an agreement that is in your best interest and will minimize future problems. If a divorce agreement cannot be reached with your spouse, the lawyer will represent you at court appearances.
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Grounds for Divorce
In Florida, we have no-fault divorce: the standard for granting the divorce is that the marriage is irretrievably broken. It is not necessary for a party to prove the other party is guilty of fault. Divorce is referred to as Dissolution of Marriage.
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How long does the divorce process take?
If uncontested, a divorce can be finalized in as little as a few months. If the divorce is contested, however, it could take 6-8 months at the very least, and can last up to a year or longer.
What is an uncontested divorce? An uncontested divorce is a divorce in which both parties have agreed on everything, including custody, child support, debt and asset division, etc. If both parties have not reached a mutual agreement, the divorce is considered contested.
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How is child support calculated in Florida?
The state of Florida uses a formula known as the Child Support Guidelines to determine the amount of child support. The combined net incomes of both spouses and the number of children are used to calculate the total support needed for the children - and then the court will decide how much support the non-custodial parent will pay.
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Can the amount of child support change if I lose my job?
The court will consider modifying child support agreements when a significant change in financial circumstances occurs. Loss or a drastic reduction of the non-custodial parent's income may constitute such a change - as would a sudden increase in the custodial spouse's income.
If you have other questions about Florida child support, the Goldberg Law Firm, P.A., has answers. We have been helping residents of Hillsborough & Pinellas County for many years. Contact our Hillsborough County family attorney today by calling (813) 477-9719 or by filling out our online form.
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If my final divorce hearing isn't for several months and I need money now to care for my children, what are my options?
You can request an order from the court for temporary child support, alimony, visitation rights or child custody if your spouse isn't cooperating and you need assistance before your final hearing. Consult an experienced divorce lawyer for advice on how to request a temporary order.
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What is Temporary Relief?
There are several types of temporary relief which can be requested from the Court before a final resolution of your case, such as the following:
- Injunction Against Domestic Violence: If there is physical abuse, or harassment by your spouse of you or your children, consider discussing with your attorney filing for protection against this type of behavior. You can ask that the abusive spouse be removed from the marital residence if the conduct is especially harmful.
- "Freezing" Assets: If you suspect that your spouse will dissipate or hide any of your marital assets, you should discuss with your attorney the possibility of "freezing" certain bank accounts, IRA accounts, pension accounts, other financial accounts, or business assets to preserve the property of the marriage.
- Temporary Alimony: If you need funds and your spouse is unwilling to assist you in handling the finances during the divorce, you can request temporary alimony (spousal support).
- Temporary Child Support: In the event there are children under the age of 18 who are not self-supporting, it will be necessary that you and your spouse determine together how you are going to provide for their financial support during the case. If your spouse is unwilling to financially assist you, then you can ask the Court for relief. Florida has very strict child support laws which the courts are required to follow and enforce. The amount the Court will set is contained in guidelines which are based upon the total of both incomes (yours and your spouse's) allocated proportionately between you. Additional expenses for the children, such as health care and insurance, child care, after-school and summer activities and religious or private school will also be proportionately allocated between the parents based upon incomes.
- Temporary Attorney's Fees and Litigation Expenses: If you are not financially able to afford an attorney and your spouse has the financial ability to provide funds for you to obtain an attorney and for the expenses of litigation, you can request that the Court award these fees and costs during the course of the lawsuit.
- Temporary Custody: If your spouse is no longer residing in the marital residence with you and custody is an issue, you can request that your attorney help you obtain temporary custody of the minor children.
- Temporary Restraining Order Regarding Removal of Minor Children: If you believe your spouse will remove the minor children from the State or your locality and will hide or prevent you from having meaningful contact with your children during the pendency of the litigation, then you can discuss options with your attorney.
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