Each person’s case is unique. Anyone who has questions about divorce, custody, child support, property division, or any family law issue should make an appointment with an experienced Boca Raton divorce lawyer. Proper advice can help ease the emotional trauma of moving forward and the financial difficulties of starting over. Here are some common questions and answers for Florida residents contemplating a divorce.
What Are the Grounds for Divorce?
Florida no long requires that one of the parties prove that the marriage failed due to the fault of one of the spouses. A divorce in Florida is called a “dissolution of marriage.” The key requirements are:
How Long Does a Florida Divorce Take?
It depends on whether the issues are contested or not. If the spouses agree to the divorce, the division of property, a parenting plan for any children, alimony, and any other issues – then the divorce can be completed in about four to eight weeks.
If any issues are contested, the divorce can take months or even a year. In Florida, there are procedures to help move the family law issues forward. Parties may be forced to mediate disputes. They can agree to a collaborative divorce. Parenting coordinators can help resolve time-sharing and other issues involving minor children. When a settlement is just not reachable, a judge will hear the open issues and make the final decisions.
Is a Divorce Attorney Required?
Spouses do not need to hire an attorney. There are a lot of complexities and strategies involved in Florida cases, though, so an experienced Boca Raton divorce lawyer can definitely help. Couples who have tangible assets, businesses, or differing abilities to earn an income need to understand that once an agreement or decision is made on the equitable division of assets or the award of alimony, it can be difficult to change the division or alimony award.
Parenting plans can rarely be changed unless there is a significant change in circumstances. Parents with young children may be bound to a parenting plan for 18 years.
Sometimes there are especially difficult issues. A child may have special needs. There may be domestic violence. One spouse may be hiding assets. Another spouse simply may not have any funds to even contest the family issues.
All these complexities mean it is crucial to get the right result the first time. A skilled attorney helps to level the playing field during the divorce and works to achieve just long-term results. Good attorneys are adept at negotiating fair settlements but also in fighting for clients when one spouse just is not being reasonable.
When is My Divorce Final?
A divorce is final when the judge signs the Dissolution of Marriage decree. Normally, all issues need to be resolved before the divorce decree is signed. Spouses cannot remarry until the Dissolution of Marriage decree is signed.
Can a Wife Change Her Name Back to Her Maiden Name?
A wife can normally ask the judge to restore her maiden name. The judge will inquire if the decision to go back to the prior name is for personal reasons and not financial or criminal reasons. A spouse cannot revert to her maiden name if doing so would be fraudulent, is to avoid paying creditors, or is to avoid criminal charges.
Can I Stay in the House While the Divorce is Proceeding?
There are a number of factors that a Boca Raton divorce lawyer reviews. One crucial factor is whether the spouses have children. Generally, courts do not like to move children. It is difficult enough for children to cope with the breakup of their parent’s marriage. Forcing the children to move is an added emotional burden that Florida family courts try to avoid.
Another key factor is how the house is titled and how the mortgage payments can be paid. If the property is jointly owned, and the spouses cannot agree on who should stay in the home, a partition action may be a remedy. A partition action is a separate legal action which makes it easier for one spouse to force the sale of the home if the other spouse does not want to sell. Partitions are complicated procedures that are best handled by experienced Boca Raton divorce attorneys.
A third factor is where the spouse who may be forced to leave the house can live. Living apart often costs much more than living together.
Florida family courts consider the likely equitable distribution of the property, the likely child support that will be paid, the probable spousal support for the duration of the marriage, and the probable alimony that will be due after the marriage. The more likely a spouse is to keep the home after the marriage, the more likely that spouse will be allowed to stay in the house with his/her children during the divorce proceedings. Unless there is an agreement, a spouse cannot list the home for sale even if the home is only titled in that spouse’s name.
Does Florida Have a Legal Separation Provision?
No. In Florida, spouses are either married, or they are not married. Spouses can physically separate which means one spouse moves out of the marital home or residence. Spouses can also enter into an agreement to resolve all their personal and financial issues, such as the division of property, alimony, child support, a parenting plan, marital debts, and other issues. If the parties divorce, the separation agreement can be used as a guide to resolving all the family law issues. An experienced Boca Raton divorce lawyer can help prepare a postnuptial agreement and explain whether the agreement is binding if one spouse files for divorce.
Help for Spouses Who are Divorcing is Just a Phone Call Away--Call a Boca Raton Divorce Lawyer Today
Going through a divorce is an emotional time. It can be hard to think clearly or to have any idea what to do - at precisely the time when important decisions need to be made. Personal choices have to be made so that children and both spouses can lead happy and productive lives. Financial decisions can impact all involved for their lifetimes. Strong Boca Raton family law advocates take the time to answer questions, explain the divorce process, and fight hard for their clients.
What Are the Grounds for Divorce?
Florida no long requires that one of the parties prove that the marriage failed due to the fault of one of the spouses. A divorce in Florida is called a “dissolution of marriage.” The key requirements are:
- One of the spouses has to file for the divorce. Either spouse can file.
- One party must have been a legal resident of Florida for at least six months prior to the request for the divorce.
- There must be a demonstration that the marriage is irretrievably broken. The reason for the breakup is not material to the granting of the divorce. The reason may, however, impact the award of alimony, how the assets are divided, and how the parenting plan is crafted.
How Long Does a Florida Divorce Take?
It depends on whether the issues are contested or not. If the spouses agree to the divorce, the division of property, a parenting plan for any children, alimony, and any other issues – then the divorce can be completed in about four to eight weeks.
If any issues are contested, the divorce can take months or even a year. In Florida, there are procedures to help move the family law issues forward. Parties may be forced to mediate disputes. They can agree to a collaborative divorce. Parenting coordinators can help resolve time-sharing and other issues involving minor children. When a settlement is just not reachable, a judge will hear the open issues and make the final decisions.
Is a Divorce Attorney Required?
Spouses do not need to hire an attorney. There are a lot of complexities and strategies involved in Florida cases, though, so an experienced Boca Raton divorce lawyer can definitely help. Couples who have tangible assets, businesses, or differing abilities to earn an income need to understand that once an agreement or decision is made on the equitable division of assets or the award of alimony, it can be difficult to change the division or alimony award.
Parenting plans can rarely be changed unless there is a significant change in circumstances. Parents with young children may be bound to a parenting plan for 18 years.
Sometimes there are especially difficult issues. A child may have special needs. There may be domestic violence. One spouse may be hiding assets. Another spouse simply may not have any funds to even contest the family issues.
All these complexities mean it is crucial to get the right result the first time. A skilled attorney helps to level the playing field during the divorce and works to achieve just long-term results. Good attorneys are adept at negotiating fair settlements but also in fighting for clients when one spouse just is not being reasonable.
When is My Divorce Final?
A divorce is final when the judge signs the Dissolution of Marriage decree. Normally, all issues need to be resolved before the divorce decree is signed. Spouses cannot remarry until the Dissolution of Marriage decree is signed.
Can a Wife Change Her Name Back to Her Maiden Name?
A wife can normally ask the judge to restore her maiden name. The judge will inquire if the decision to go back to the prior name is for personal reasons and not financial or criminal reasons. A spouse cannot revert to her maiden name if doing so would be fraudulent, is to avoid paying creditors, or is to avoid criminal charges.
Can I Stay in the House While the Divorce is Proceeding?
There are a number of factors that a Boca Raton divorce lawyer reviews. One crucial factor is whether the spouses have children. Generally, courts do not like to move children. It is difficult enough for children to cope with the breakup of their parent’s marriage. Forcing the children to move is an added emotional burden that Florida family courts try to avoid.
Another key factor is how the house is titled and how the mortgage payments can be paid. If the property is jointly owned, and the spouses cannot agree on who should stay in the home, a partition action may be a remedy. A partition action is a separate legal action which makes it easier for one spouse to force the sale of the home if the other spouse does not want to sell. Partitions are complicated procedures that are best handled by experienced Boca Raton divorce attorneys.
A third factor is where the spouse who may be forced to leave the house can live. Living apart often costs much more than living together.
Florida family courts consider the likely equitable distribution of the property, the likely child support that will be paid, the probable spousal support for the duration of the marriage, and the probable alimony that will be due after the marriage. The more likely a spouse is to keep the home after the marriage, the more likely that spouse will be allowed to stay in the house with his/her children during the divorce proceedings. Unless there is an agreement, a spouse cannot list the home for sale even if the home is only titled in that spouse’s name.
Does Florida Have a Legal Separation Provision?
No. In Florida, spouses are either married, or they are not married. Spouses can physically separate which means one spouse moves out of the marital home or residence. Spouses can also enter into an agreement to resolve all their personal and financial issues, such as the division of property, alimony, child support, a parenting plan, marital debts, and other issues. If the parties divorce, the separation agreement can be used as a guide to resolving all the family law issues. An experienced Boca Raton divorce lawyer can help prepare a postnuptial agreement and explain whether the agreement is binding if one spouse files for divorce.
Help for Spouses Who are Divorcing is Just a Phone Call Away--Call a Boca Raton Divorce Lawyer Today
Going through a divorce is an emotional time. It can be hard to think clearly or to have any idea what to do - at precisely the time when important decisions need to be made. Personal choices have to be made so that children and both spouses can lead happy and productive lives. Financial decisions can impact all involved for their lifetimes. Strong Boca Raton family law advocates take the time to answer questions, explain the divorce process, and fight hard for their clients.