FAQs About Florida Family Law
The experienced and knowledgeable family law attorneys at the Law Office of Scott Glassman, P.A. are ready to answer all of your questions about your Florida divorce or other family law matter. Below, we address some of the most common questions we receive from divorce and family law clients.
What is an Uncontested Divorce?
An uncontested divorce is a divorce in which the parties already agree on all issues in the divorce, including the child support, child custody, property division, and alimony. In an uncontested divorce, one party files for divorce and serves the petition on the other spouse. The parties ask the Court to approve an agreement covering all issues after all required legal documents (such as financial disclosures) are submitted. The Court will review the documents and the proposed agreement. The judge might conduct a hearing for the parties to attend and submit their agreement and will hopefully issue a final Order incorporating the agreement.
What is a No-Fault Divorce?
No-fault divorce is not the same as uncontested divorce. No-fault means that neither party is alleging some “fault” or wrongful conduct by their spouse that led to the divorce. Historically, parties needed to prove fault to obtain a divorce; fault included things like adultery, abuse, abandonment, fraud, or other bad conduct. Nowadays, parties can divorce without alleging and proving fault.
In Florida, one party need only file alleging the marriage is irretrievably broken to seek a divorce. The other party cannot stop the divorce by contending that the marriage is not broken; it is generally sufficient for at least one party simply to state that the marriage is broken and that they do not want to stay married.
How Long Does a Divorce Take?
Divorces can take time. The amount of time your divorce will take depends on several factors including the financial circumstances of each spouse, the duration of the marriage, the presence of children, the county where you reside, and, most importantly, whether the parties can reach agreement on most or all of the issues pertinent to the divorce. A short duration marriage with few assets and few points of contention can be resolved relatively quickly; if the parties file for an uncontested divorce, perhaps as little as four to five weeks. High net worth parties with a long marriage, significant marital assets, and who vigorously disagree will have a much longer process.
If I Have Custody, Can I Move to a New State?
If you have a Court Order establishing timesharing, you need to obtain either consent or a Court Order in order to relocate more than 50 miles from your current residence. If your child’s other parent objects to the move, you will need to petition the Court for the right to relocate and modify your parenting time arrangement. Filing a Petition to Relocate requires that you follow a technical set of rules and requires that we can assist you with.
What is a Juvenile Dependency Case? Can I Lose My Kid?
A juvenile dependency can arise when the Department of Children and Family Services has reason to suspect that a child has been subjected to neglect or abuse or has otherwise been put at risk of harm. The Department petitions the Court to render the child a dependent of the Court. The Court can then remove the child from the home in some circumstances. The parent or parents might then be required to take certain steps in order to demonstrate to social workers and the Court that they can provide a fit and safe home for the child before the Court will allow the child to return to the home. If you are subject to a dependency case, it is vital to have a seasoned legal representative on your side to protect your rights and your family.
Do I Need a Lawyer for My Divorce?
You can technically file for divorce and proceed through the matter without a lawyer (acting “pro se,” meaning you represent yourself in Court). In practice, it is almost always better to have an attorney. Your lawyer knows the legal process, they know how to negotiate, they know the Court rules and procedures, they know what evidence matters and how to obtain it, and they know how to defend against arguments from the other side.
Get Answers to All Your Divorce Questions From a Knowledgeable Florida Family Law Attorney
The seasoned Florida divorce attorneys at the Law Office of Scott Glassman, P.A. have more than 60 years of combined experience helping Florida family law clients get the results they deserve. For help with a pending divorce or other family law matter in Martin, Palm Beach, Broward, or statewide, call the Law Office of Scott Glassman, P.A. at (561) 688-5006 today!