Divorce Law FAQs
On this page
- The Law Offices of Travis R. Walker, P.A. Answers Questions
- What Is the Dissolution of a Marriage?
- What Are the Grounds for Divorce in Florida?
- Do I Really Need to Hire a Florida Divorce Attorney?
- Can I Avoid Going to Court and Still Get a Divorce?
- Does Each Spouse Need a Divorce Lawyer?
- How Long Does Divorce Take in Florida? When Will It Be Granted?
- What Issues Will We Need to Settle in Our Divorce?
- Can I Relocate with My Children Out-of-State Before or During Divorce?
- What If I’m Not Married to the Other Parent of My Child?
With the third-highest divorce rate in the country, things are not always sunny in the state of Florida’s many marriages. If you need an experienced divorce attorney, The Law Offices of Travis R. Walker, P.A. would be happy to represent you. We are knowledgeable about Florida’s laws regarding equitable distribution, parenting plans, child custody and support, alimony, and other issues related to contested and uncontested divorces. We take pride in being among the best divorce lawyers in Treasure Coast, FL, and many of the surrounding areas. Below, you will find frequently asked questions about divorce law. Should you not find your specific question addressed here, we urge you to reach out and request a consultation with our divorce attorneys. We are here to guide you through an overwhelming time.
In the state of Florida, one or both spouses may file for what is called a “Petition for the Dissolution of Marriage.” In layman’s terms, this is the process for filing for divorce. If both parties agree to file for divorce, it is referred to as an uncontested divorce. If only one party is filing, it is referred to as a contested divorce, and this is where things tend to get ugly. Having a skilled divorce attorney in your corner is typically in your best interest.
While it’s a breeze filing for a marriage certificate in the Sunshine State, it can be anything but when filing for a divorce. There are only two recognized grounds for divorce in Florida:
- Irretrievable breakdown of the marriage
- Mental incapacity of one of the parties
It is certainly in your best interest, as you have 20 days to respond after being served with divorce papers. Hiring a divorce attorney ensures all deadlines are met, and your rights are considered carefully. When it comes to matters pertaining to alimony (spousal support), child custody and support, and equitable property division, it can be tricky to negotiate beneficial terms with the opposing spouse. Our divorce lawyers at The Law Offices of Travis R. Walker, P.A. are here to ensure the best possible outcome for your divorce, providing solid, aggressive, and compassionate advocacy and representation.
Not all divorces go to court, especially uncontested ones. One of the biggest benefits of working with a skilled divorce attorney is their invaluable assistance with mediation to avoid litigation. Many divorces can be resolved outside of court if both parties are willing to negotiate and compromise. Your lawyer can help you choose which items are worth fighting hardest for and where it may be advisable to make concessions to the other party so that everyone involved gets at least part of the outcome they sought.
If your spouse has hired a divorce lawyer, then you should too. It is in your best interest to hire your own divorce lawyer separate from your spouse’s lawyer. This ensures you have an impartial advocate and negotiator on your side throughout the proceedings. Unless you have extensive divorce law experience in your background, you should not go up against someone else’s lawyer on your own.
Just as no two marriages are alike, neither are any two divorces. The average uncontested divorce in Florida takes about three months, while a contested divorce may take a year or even longer. The circumstances will dictate how long it takes for your divorce to be granted. Factors influencing the length of the divorce process include the county you file in, the judge involved, and any contested issues, including child custody, visitation, child or spousal support, and property division.
Issues that will need to be settled during your divorce include everything from the equitable distribution of debts and assets to making spousal and child support arrangements. Full financial disclosure of your assets, liabilities, retirement accounts, tax returns, health insurance benefits, and any pending claims must occur at the start of the process. The reality is divorces become more complicated whenever children are involved. In the state of Florida, parenting plans are required for spouses with children to establish the best arrangements for child custody. Both parties must agree to the terms of the divorce.
Generally, you will need the other parent’s permission or court approval before relocating more than 50 miles away with your children. If you want to move out-of-state, you will need to file a petition for relocation. This usually occurs after a parenting plan, child custody, or paternity case has been filed. Failure to receive permission from the other parent or court may result in contempt of court, which can cause severe consequences, especially for the future of your divorce proceedings. You could be ordered to pay the other parent’s legal fees, attend mandatory counseling sessions, or lose joint custody rights.
Although the state of Florida tends to recognize an unmarried mother as being the natural guardian of her children, there may be circumstances when you cannot relocate without the other parent’s consent or a court’s approval. If there is a pending court order regarding visitation or custody, you may need to file for a petition of relocation if attempting to relocate more than 50 miles away from the other parent. Always consult an experienced child custody lawyer when in doubt. Have additional child custody concerns? Request a consultation with some of the best divorce attorneys in Treasure Coast, FL today!
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