Family Law FAQ
Counsel from Our Fort Myers Divorce Attorneys
When it comes to resolving family law matters, things can get very complicated and messy. The more you are informed and prepared for what is to come, the more likely your legal concerns will be resolved in an amicable manner. That is why our firm has provided this frequently asked questions section for you to review.
What is involved in a divorce settlement?
When a couple no longer wants to remain married, they will likely chose to pursue a divorce. While this may seem like a straightforward legal step, there are many factors that go into a divorce, especially if it has to be settled by the court. For example, if a couple cannot agree on a certain factor or one spouse refuses to cooperate, the divorce will be handled by the court. Here, factors like child custody, spousal support/alimony, child support, property division, visitation rights, and other issues must be decided.
I want to change my child custody order. How can I do that?
Whether you want to increase the amount of time you spend with your child or give the other parent a little more responsibility, there is always room to change a child custody order. However, the court will likely not agree to the modification if there is not substantial reason for the change. A new job, change in health, financial obstacle, change in geographic location, or new relationship may be enough to grant a modification. If the other parent opposes, it will be trickier to get the order changed, which is why you need a lawyer by your side.
Will all of my property be divided with my spouse in a divorce?
No. Florida is an equitable division state, which means property will not be divided equally, but fairly. In that regard, only marital property will be divided between spouses, which is anything that was obtained during the marriage. This includes items like homes, vehicles, electronics, real estate, bank accounts, savings, etc. Any property obtained prior to the marriage or through inheritance or a gift will be considered separate property and will not be included in the division.
Is there a real difference between an uncontested and contested divorce?
Yes. When going into an uncontested divorce, both spouses are willing to come to an agreement on all the major factors (child custody, property division, etc.) and resolve matters outside of the court. However, in a contested divorce, the court must intervene to make decisions on these factors. In either case, it is wise to have the counsel of a seasoned divorce lawyer throughout the process.
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