Divorce
A Family Law Attorney Can Make Divorce Easier
Divorce is never easy. Even when both parties agree that it is the right thing to do, divorce takes a physical, financial, and emotional toll. For couples with children, the toll is even higher, and dividing up time, finances, and assets can certainly be burdensome. Whether you want to make sure that both parties get equal rights or you are looking to protect your children from a parent that could be a danger to them, divorce is never simple. A qualified family law attorney in Fort Lauderdale, Florida, is always the best option when a marriage comes to an end, and the right child support attorney can help ensure that everything is decided fairly and properly.
The simple truth is that going into divorce court without a lawyer can be a lot like going into war without a weapon. When protecting your children is your first priority, you need to have someone at your side who understands the law and who can present the right arguments and evidence to show why you should retain custody or why you should qualify for child support payments. If you believe that you should not have to make payments, a child support attorney can also help you show the other parent’s assets and income in a way that could reduce or eliminate your obligations.
Nobody should have to deal with divorce alone, and while friends and family members can be a great help, they are not the kind of help that you need in a courtroom. Having character witnesses can be great, but the simple fact is that a family law attorney is needed in order to present your case in a legally approved manner. The judge will want facts and evidence when making decisions regarding custody and child support, and a cheap divorce attorney can really make all the difference in the world for your case.
If you are faced with a divorce and are looking to ensure that you do not lose out when it comes to custody, finances, or assets, contact a family law attorney from the Law Office of David Scott, P.A. Our affordable legal team has the experience and qualifications needed to provide child support attorney services as well as many other legal services. If you need a cheap divorce attorney who is willing to fight for you, contact us right away. With offices in Fort Lauderdale, Palm Beach, Broward, and Dade Counties to serve you, we can offer the help you need to ensure that you are not alone throughout your case.
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A Step-By-Step Guide to the Divorce Process
The unknown is scary. And if you’ve never gone through a divorce, the entire process can be downright terrifying.
But if you had a better idea of what was going to happen along the way, you might be able to quell your fears and go into your divorce with less stress and anxiety.
So if you’re contemplating getting a divorce, here is a step-by-step guide of what you can expect from beginning to end.
Simplified Dissolution of Marriage
A simplified dissolution of marriage is essentially an “easy” divorce. It tends to make the process quicker and less stressful. Which sounds pretty great, right? But in order to qualify for this “simplified” divorce, couples have to meet every single one of the below requirements:
- One spouse needs to live in Florida for at least six months prior to filing for a divorce
- Both spouses agree the marriage isn’t salvageable
- The couple doesn’t have any kids
- The wife isn’t pregnant
- No one is seeking alimony
- Both spouses have filed financial affidavits or agree they don’t need them
- Both spouses agree on the division of property
- Both spouses agree to the simplified procedure and give up the right to a trial and appeal
If you meet all of these requirements, all you will need to do is:
- File all the necessary paperwork
- Appear together before a judge who will grant your divorce
Pretty easy, right?
This can be a great solution if couples agree on everything and don’t have any children. If you are unable to seek a simplified dissolution of marriage, you will want to seek a regular dissolution of marriage.
Regular Dissolution of Marriage
Many divorces are a bit more complicated than the simplified divorce process allows for, so a regular divorce is needed. Following these steps will help you prepare for your own divorce.
- File a petition. The first step in the divorce process is when either spouse files a “Petition for Dissolution of Marriage.” The petition says the marriage is broken and details what the filing spouse seeks in terms of alimony, time-sharing with children, child support, and division of property. The other spouse will then answer the petition and file it in court.
- Temporary orders. If one spouse needs financial support from the other spouse for child support or maintaining their current lifestyle, that spouse can ask for a temporary order during the divorce proceedings. A temporary order can be granted pretty quickly and will stay active until the full court hearing.
- Negotiation. All divorces are different. If you and your spouse can agree on all the terms of your divorce then this part will be easy. You can sign a settlement agreement and then your divorce will be granted.
If you and your spouse don’t agree on some issues, you will need to work them out to be able to come to an agreement. Mediation might be great here. The purpose of mediation is to help couples agree while also avoiding a long court process.
If you and your spouse can’t agree on anything, you will most likely have to go to trial where a judge will make decisions for you on all of the issues in question. These kinds of divorces are long, often hostile, and almost always expensive.
During a regular divorce, both spouses can also examine and cross-examine the other spouse as a witness and get any necessary documents about the other spouse’s finances, assets, and so on.
Hopefully, this paints a clearer picture of the divorce process. But if you still have questions or are still unsure of how everything will work for you, your best option is to consult with an experienced Florida divorce attorney who can give you answers and guide you every step of the way.
You can talk about Divorce with the following specialists in any of our offices:
Related FAQs
Book a consultation hereDo I Have to Live in Florida to Get Divorced in Florida?
Short answer: yes. In order to get divorced in Florida, you do have to meet the residency requirement. Either you or your spouse has to be a Florida resident for at least six months. You can show proof of your residency with a valid Florida driver’s license, which was issued more than six months prior to filing for divorce. A voter registration card would also work, or a Florida resident can complete an affidavit or testify on your behalf.
How Is Spousal Support or Alimony Determined?
Alimony is determined by the need of the spouse who is requesting alimony and the ability of the spouse who will be paying the alimony. The goal of alimony is to maintain the marital lifestyle the spouse has become accustomed to for a specific period of time. Numerous factors are taken into consideration, such as the length of the marriage, income, earning capacity, how each spouse contributes to the marriage and others.
How Is Time-Sharing with Children Determined?
In the state of Florida, both parents go into a divorce with equal rights concerning time-sharing with children. If the parents are able to create and agree on their own time-sharing schedule and parenting plan, the court will most likely approve the plan. If the parents cannot reach an agreement, the court will establish a plan that is in the best interests of the child.
Should I Hire a Family Lawyer?
While you can handle a divorce on your own, a Florida family lawyer can be a great asset in figuring out the best and easiest way to proceed. Every situation is different, and because of that, a family lawyer will be able to draw upon their experience and knowledge to give you the best advice and representation you need.