Florida Divorce FAQ
Have questions about your family law matters?
Attempting to resolve any type of family law issue is never easy, but it can be particularly difficult when it involves the dissolution of your marriage. For this reason, the lawyers at Charles E. Willmott, P.A. thought that it was important to address some of the most frequently asked questions about divorce and family law.
Below you will find a list of answers to some of these common inquisitions, but if you are looking for more specific information, I encourage you to get in touch with my firm directly.
Can I resolve the matters of my divorce outside of court?
If both you and your former partner are willing to resolve the matters
of your separation amicably, you may be able to avoid court intervention.
This would be called an "uncontested divorce," as it would require both parties to come to an agreement about
the issues of property division, child custody, child support, etc. on
your own. If you are unable to do so, it may be necessary to let the court
make a decision for you. If you are able, however, an uncontested divorce
would be a viable way to save time and money – as you would be able
to avoid going to trial.
How long does the divorce process take in Florida?
Every divorce is different. This means that there is no telling how long
your particular case will last, as it really depends on how willing you
and your ex-spouse are to resolve the matters of your separation. If,
for example, you decided to undergo an uncontested divorce, the process
could take as little as four to five weeks in which one or both of you will be
required to go to court to attend the final hearing, depending on whether you filed a regular
or a simplified divorce.
Should you decide to take the case to court, however, you could expect the process to take six months or longer. Either way, your divorce should be managed by a competent legal professional – as this would help you to keep the process moving forward.
How do I modify the terms of my child custody arrangement?
It is important to understand that a
child custody arrangement is not necessarily permanent. If you were stuck with a less
than favorable parenting plan in the wake of your divorce, you may still
have the opportunity to petition for a
modification. You will need to show that a significant change in circumstances –
on either the part of you or your ex-spouse – has taken place, however,
as there must be a legitimate reason to modify the original order. This
could involve, for example, any instance in which you believe your child
is unsafe with the other parent.
What if my ex-spouse has stopped paying child support?
Depending on the circumstances of your case, you may be able to take legal
action against your ex-spouse in the event that they fail to uphold their
end of the bargain. If, for example, they have simply decided that they
don't want to pay
child support anymore, you could bring this to the attention of the court. A judge would
subsequently be able to hold them in contempt until they decide to cooperate.
In the event that the other parent can longer afford to pay, however,
they can file a petition with the court to modify the terms of your divorce
agreement. For more information, read my
"What If My Ex-Spouse Won’t Pay Child Support?" FAQ page.
How can I protect myself from an abusive spouse?
If you are involved in an abusive marital relationship, it is important
that you act quickly to obtain an
injunction for protection. Also known as a "restraining order," this will prohibit your
spouse from coming into contact with you for 15 days. From there, you
will have the time to organize a case to present before the court –
which must include evidence of abuse. If the judge believes that your
personal safety is in danger, they will subsequently provide you with
a full restraining order. This process can be tricky without the help
of a qualified lawyer, however, so it is highly recommended that you contact my firm.
My ex-spouse is trying to move with my child. What now?
If you are a non-custodial parent, you may have major concerns about your
ex-spouse relocating – as they would be taking your child with them.
Fortunately, there are ways in which you can petition for a modification
before the move occurs. In doing so, you may be able to increase your
involvement in the custody arrangement, which would effectively provide
you with more of a say in the matter of your child's relocation. The court
has the power to deny the other parent's
relocation requests, as well, so you should not hesitate to organize a case.
Still Need Answers? Contact Charles E. Willmott, P.A.
If you still have unanswered questions, you should not hesitate to get in touch with a lawyer at my firm today. Mr. Willmott has been representing a wide variety of family law cases for more than two decades, so he may be able to provide you with the information that you are looking for – all you have to do is pick up the phone to get started.
When you contact the firm at (904) 849-5183, you will have the opportunity to schedule your initial consultation.