Frequently Asked Questions
Questions About Family Law in Jacksonville, FL
Family law can be a sensitive issue for anyone. Marriage begins as a celebration,
filled with joy and happiness. Unfortunately, this happiness does not
always last. Life can be a very messy business and sometimes a marriage
must suffer the consequences. With Florida's divorce rates continually
climbing, many families have to deal with the reality of separation. If
you are going through this process, you may have a number of questions
you would like answered. The attorneys at Hutchinson Law have compiled
an FAQ list to help you through this process.
I'm about to get married. What do I need to know?
What steps should I take prior to getting a divorce?
How do I file for divorce in Florida?
How is child support calculated in Florida?
How long will it take to resolve my divorce?
What should I know about setting up a visitation schedule?
If I have to relocate, what should I do about child custody?
Do I need a lawyer if both spouses agree on everything?
What if my ex-spouse violates our visitation schedule?
How do I modify my alimony agreement?
I'm about to get married. What do I need to know?
Marriage is an exciting step to make. It is also a life-changing event.
You must keep in mind that marriage is a legal relationship as well as
an emotional one. That means that when a marriage ends, the relationship
must go through a legal division as well. One way to make this dissolution
easier is by entering into a legal agreement prior to marriage that will
determine how the separation will take place. This is called a prenuptial
agreement.
This legal document essentially states how the couple's economic resources
and property will be divided should one spouse die or if the marriage
ends in divorce. This agreement does not extend to determining child support
but will help with property such as cars or a house. If you are looking
to enter into such an agreement, it is advisable to hire an attorney who
can answer any of your questions and will help make sure the process follows
every legal requirement.
For more information on marital agreements, read our
Marital Agreement FAQ.
What steps should I take prior to getting a divorce?
When you decide to file for divorce, there are a number of issues that
you must keep in mind. First you must find out if you meet all the legal
requirements to go through the process. In order to file for dissolution,
either you or your spouse must have been a resident of Florida for at
least six months or are stationed in the state as a member of the armed
forces. Once this requirement is met, either you or your spouse must believe
that the marriage is irretrievably broken.
As Florida is a no-fault state, you do not have to prove that your spouse
committed an act, such as adultery or abuse, in order to justify the divorce.
Second, you must be aware of the economic issues that will arise. Upon
dissolution of marriage, the assets and liabilities that you and your
spouse have accumulated will be divided between the two of you. This means
that any economic assist that developed over the course of the marriage
will be equitably distributed.
If you and your spouse agree as to how these resources will be divided,
you may be able to have an uncontested divorce. If not, a judge will decide
how these are divided. Third, you must consider the physical and emotional
safety of both you and your children. A divorce can be a trying time.
Anger can easily lead to
violence. If you are worried about how your spouse will react to the divorce, you
should take steps to protect yourself and your children. Do not neglect
yourself during this challenging time.
How do I file for divorce in Florida?
When a marriage is determined to be irretrievably broken, you can file
for a petition for dissolution of marriage. This petition will include
what you want from the court in terms of the divorce. There are four basic
types of petitions that you can file depending on your situation. These
include 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 for
Dissolution of Marriage with No Dependent or Property. A notice is sent
to the other spouse who must respond within 20 days.
This response will include an answer to the requirements of the initial
petition and any other issues the spouse wants resolved. Both spouses
will be required to provide a number of financial documents and an affidavit.
Separating financial resources is often the most difficult aspect of the
entire process. If you and your spouse cannot agree upon the division,
you will have to go through a judge. The judge will divide both the assets
and liabilities based on equitability, or what the judge deems to be fair.
This could be based on who is more capable of taking on debt and who needs
more help getting back on their feet. Often, it is helpful to have an
attorney during this process.
How is child support determined?
It is well known that children are often the party that is most harmed
in a divorce. Many children feel as though they must take on the responsibility
of their parents' separation. Because of this, you and your spouse
should have the wellbeing of your children as your top priority.
Custody must be determined, followed by
child support. When a court determines how much child support must be paid, they look
at a number of factors. They will look at the income of both parents and
what the child will need. This includes health care and schooling costs.
Much of this will depend on the child's age and the standard of living
the family enjoyed prior to the separation.
How long will my divorce take?
Every divorce is unique. This means that no set pattern can be followed.
Though every couple must follow the state's laws concerning the dissolution,
the amount of time that everything will take depends entirely on the couple's
specific situation and the type of divorce they are filing. The easiest
and quickest process is an uncontested, simple divorce. This kind of separation
could be completed within a number of weeks.
Such dissolution occurs when the couple agrees about every aspect of the
separation and there are no children or dependents involved. However,
the process will only take longer when more factors are entered into the
equation. If you and your spouse cannot agree on the details of the separation,
the courts will have to get involved and the time until completion could
be extended significantly.
What should I know about setting up a visitation schedule?
A
visitation schedule will most likely be set up by the courts while you and your spouse
are going through your divorce. Normally, a court will try to give equal
visitation rights to both parents so that the child can spend as much
time as possible with each individual. The schedule will primarily be
constructed according to the
type of custody that has been determined and the proximity of both parents. If one parent
lives far away from the child, they may receive a continuous period of
visitation time such as over the summer. When this schedule is determined,
you must keep in mind that the courts will make decisions based off of
what is in the best interests of the child.
If I have to relocate, what should I do about child custody?
When a parent decides to relocate with a child, it is called a change
of residence address. In order for a move to be considered
relocation, it must be a change of principal residence of more than 50 miles away
from their original place of residence. If you and your former spouse
both agree to the relocation, the two of you must sign a written agreement
that indicates their consent, designates visitation rights, and if necessary
describes transportation arrangements for the visitation.
If you and your former spouse have not entered into an agreement, you must
file a Notice of Intent to Relocate. This notice includes a description
of the location of the new residence and the reason for the move. It must
also include a proposal for a new visitation schedule as well as the transportation
arrangements to accommodate the schedule. Your former spouse must respond
to this notice within 30 days. A failure to do so will automatically validate
the relocation.
Do I need a lawyer if both spouses agree on everything?
When you and your spouse agree about every aspect of the divorce process,
it is called an
uncontested divorce. Such a divorce can be classified under two categories: standard and simplified.
A standard uncontested divorce occurs when both parties agree on how to
divide all assets and debts. A simplified uncontested divorce occurs only
when there are no children or dependents involved. In this process, you
and your spouse give up your rights to a trial and an appeal.
When going into an uncontested divorce, it is often best to go through
the mediation process. A mediator is an attorney or family counselor who
works as an unbiased third party to help mediate the process. Though you
do not need a lawyer to file a divorce or go through the whole process,
often it very helpful do so. Your lawyer can guide you through this process
and a mediator can help to assure that everyone is treated fairly.
What if my ex-spouse violates our visitation schedule?
Both you and your spouse must follow the support and visitation agreements
that the court prescribed. This acquiescence does not always happen though.
If your spouse has violated the agreed upon visitation schedule, they
may be held in
contempt of court. You must file a motion for contempt if you want your ex-spouse to face
legal consequences. Such consequences include fines, increased visitation
times to account for those missed, and even jail time. Such penalties
will be determined based off of the situation and how long the violations
have been occurring.
How do I modify my alimony agreement?
Alimony, or spousal support, is not necessarily a permanent payment. Often,
this support will need to be modified or even terminated based on the
changes in living situations that both parties see. If the spouse who
is paying the alimony can no longer sustain the financial support, they
may be able to appeal the courts to change the agreement.
If the spouse receiving the support no longer needs the consistent payments
or can live on less support, the other spouse may also file a petition for
modification or abatement. In most situations, financial documentation concerning the
change in financial status of either spouse must be provided. If you are
looking to modify your alimony agreement, an attorney can walk you through
the process.