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It will depend on whether the Florida divorce is contested or uncontested. A Florida uncontested divorce is where the parties agree on all issues like division of property, and debts and whether or not there’s to be alimony, the amount of child support, and the timesharing schedule with the children. (the agreement can be due to the parties attending mediation, or otherwise) Because of the agreement, there’s nothing really left for the judge to decide. Uncontested divorces in Florida can take just 4 or 5 weeks if all steps are finished and everyone cooperates to get it done. For Florida divorce cases where there are issues that the Court has to decide because the parties cannot agree on them, like alimony or amount of child support etc., the matters can take many months to be heard, depending on what part of the state you live in. Judges in particularly populated parts of Florida, such as Miami, Palm Beach, Boca Raton, and Fort Lauderdale and Hollywood and Pompano can have hundreds or even more than a thousand cases on their docket. So it can take a good while before the Court will have time to hear your case. (and in a typical Florida contested divorce, there may be several hearings on different topics before the judge makes a final determination on the issues)
Call 1-800-999-0119 No Matter Where You Live in Florida
It’s up to the judge but if for example the Court determines that you are really a Florida resident who is working for a company outside Florida or visiting somewhere for a short bit, etc., you might still be determined to be a Florida resident and will be eligible for a divorce. But if the judge decides that you have no plan of coming back, or that you’re permanently living elsewhere even though may come to Florida from once in awhile, you may not be determined to be a Florida resident. If you’re a Florida resident and in the Armed Forces, and you’re outside Florida on military assignment, your still a Florida resident.
The first issue is to show paternity through DNA or other scientific testing. You can ask the court to order such testing. Once paternity is established, issues pertaining to the child can be decided essentially the same as in a divorce case. (ie issues about child support and timesharing etc)
Call 1-800-999-0119 No Matter Where You Live in Florida
If all residency requirements are met we will file a Petition for Dissolution of Marriage that states your position on timesharing with children, child support, distribution of property and debts, and alimony etc. Usually the other side has to be served with the Florida Divorce papers by a process server. There are then a number of procedures and court rules that will govern the case. The law also requires that you complete a “Children and Divorce” program if there are minor children.
Call 1-800-999-0119 No Matter Where You Live in Florida
You should not have one lawyer represent both parties. A lawyer cannot represent both parties as they probably have opposite goals on at least some issues. Your spouse’s attorney should not be counted on to protect your interests. That lawyer is getting paid to fight for your spouses rights not yours. However, if the parties can come to an agreement on some or all issues, then the one who does not have an attorney can talk with the other parties’ lawyer to negotiate and/or conclude the matter. (ie without having to retain a lawyer)
Call 1-800-999-0119 No Matter Where You Live in Florida
If you and your spouse can come to terms on custody/visitation/timesharing concerningchildren, distribution of property and debt, child support and alimony if any, the attorney can prepare a settlement document. Coming to an agreement with your spouse can save alot of money, aggravation and time. If you and your spouse disagree on one or more matters, the Judge will have to decide them.
So communicate with your spouse to try and work out an agreement on as much as you can. You will not necessarily agree on everything in one meeting so keep trying. But if your spouse thinks they have the final say on everything, tell them that the judge runs the show. And in a non threatening way tell them that things can be done easily for everyone’s benefit, or in a difficult manner which hurts everyone involved
Sometimes of course the police must be called. Also, in Florida, you can apply for a domestic violence restraining order and you don’t initially have to notify them that you’re trying to get one. (speak with the local court clerk or an attorney) If a restraining order is issued without this notice to the other side, later there will be a court hearing where your spouse can try and defend themself. You can try and get a restraining order even before a Florida divorce is filed.
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You can go into court at the very beginning of the case (or at any other time) to ask for an immediate order of alimony or child support, custody/visitation, or an award of assets if there are extraordinary circumstances. This order could remain in effect until the final judgement in the case.
What Happens if You Need Child Support, Alimony, or Family Assets Before Filing for Divorce?
Filing for divorce is a frightening yet powerful decision that will forever change your life. Like any significant life commitment, you must consider many factors before making a final choice. One common question frequently asked is, “What if I need money such as child support, alimony, or family assets at the beginning of the case?” Although your mind might be racing with other ideas and thoughts regarding the finalization of a potential divorce, this is a pressing question that cannot be ignored. Besides, you are going to want to do everything in your power to get the best possible outcome, especially when it comes to legal matters such as a divorce, and particularly if children are involved.
With this in mind, you might be feeling a bit overwhelmed over the details of how your case may or may not be executed initially. The good news is that you can go into court at the very beginning of the case – or at any other time – to request an immediate order of alimony or child support, custody or visitation, or an award of assets in the event that there are extraordinary circumstances. This is a similar concept to temporary alimony. In the state of Florida, temporary alimony is when the law recognizes that a lower-earning spouse may need temporary financial support between the time the divorce is filed and the pending final order. In certain scenarios, an order of this kind could remain in effect until the final judgment in the case. To determine if you qualify, it is critical that you choose the right divorce attorney to represent you.
Luckily, Arnie Gruskin is an experienced divorce attorney who can assist you in achieving the results you are seeking during the course of your case. As a reputable divorce attorney for 41 years, Arnie is affordable, settles cases when possible, and will fight in court if needed. He can help with your divorce no matter where you live in Florida. In order to get the most desirable outcome before and during your case, hiring a divorce attorney such as Arnie Gruskin is your best bet. To get started, call 1-800-999-0119 today. Arnie will be happy to discuss your legal rights with you.
Although the times are changing, many of us rely on our spouse to provide financial assistance. If you need child support, alimony, or family assets before filing for divorce, don’t be afraid to ask a lawyer about your options. You can file for a divorce in Florida and ask to receive the spousal support that you’re used to receiving by enlisting the help of attorney Arnie Gruskin. He will fight for you whether you are looking to have a contested or uncontested divorce. It is Arnie’s goal to provide you with topnotch and effective services so that you receive the best possible resolution when it comes to your case. With his many years of experience, Arnie will listen to your concerns thoroughly in order to ensure you have all of your legal needs met. Don’t deny yourself of the future you deserve because you’re concerned about whether or not you’ll be able to afford a divorce because you won’t receive the financial support you’re accustomed to from your spouse. If you genuinely feel it is in your best interest to get a divorce, then it is a good idea to stay informed of your available legal rights. Contact Arnie today to learn more by calling 1-800-999-0119.
Call 1-800-999-0119 No Matter Where You Live in Florida
It’s possible that Legal Aid or similar organization can represent you if you financially qualify. Also, the Court can make your spouse pay your lawyer fees. If your spouse earns alot more than you and you cannot afford to pay a lawyer the court may award you attorney fees.You can ask an attorney if they take your case and wait to be paid by your spouse if the Court orders that.
But if you have money for a lawyer, although your money may be less than your spouse’s, the attorney is unlikely to wait and hope that your spouse is ordered to pay your fees. You might not get such an order if you have your own money to pay your own fees. Additionally, lawyers like everyone else may not want to work unless they get paid right away. A lawyer may agree to wait for their money if there’s assets that they can put a lien on. ( or if your spouse has a jobjob with a big salary and you have little to no money for fees)
Call 1-800-999-0119 No Matter Where You Live in Florida
Typically you have to show a “substantial change in circumstances” before support amounts can be changed. (Bridge the gap alimony is not modifiable as to amount or duration. Rehabilitative Alimony can also be modified upon non compliance with the rehabilitative plan, or completion of the plan) For example if your spouse’s income has increased alot, or your financial situation or income has changed alot you may be able to get a modification. But note that you don’t get more alimony money just because your former spouse gets a big pay raise. You have to have need for additional support. (It should be noted that you may get increased child support in Florida just by showing that your former spouse got a big raise)