LET THE EXPERTS AT BUDGET DIVORCE CENTER ANSWER YOUR QUESTIONS

  • WHAT ARE THE GROUNDS FOR A DIVORCE?

    Florida is a "no-fault" state. Neither party needs to be blamed for the breakdown of the marriage. There are two grounds for divorce. The most common ground for a divorce is that the marriage is irretrievably broken. This means the marriage cannot be saved with the help of counseling or medical help. Also, in rare cases when one party is declared mentally incompetent, the parties can get divorced if one of the parties has been mentally incompetent for at least the past three years.

  • WHAT IS AN UNCONTESTED DIVORCE?

    An uncontested divorce is one where everything has been agreed upon by you and your spouse prior to filing a Petition for Dissolution of Marriage. The agreements resolve all issues concerning property division, matters related to children, child support, and alimony in a way you both believe to be reasonable and fair. It is easier and less stressful than a contested divorce. Everyone can save money and time. If you and your spouse have come to an agreement, our office can prepare all the necessary documents to make sure your divorce goes smoothly.

  • WHAT IS A CONTESTED DIVORCE?

    A divorce is contested when you and your spouse have not yet reached an agreement to settle the issues prior to either one of you filing the petition. Once a petition is filed, the court gets involved, and various documents are required to be provided to the other party. Additionally, the case may have to go to a Case Management Conference and Mediation even before you see a judge on any issues, even temporary support or parenting time. This may resolve prior to a trial but usually takes a lot longer and costs more attorney fees than an uncontested divorce.

  • CAN I USE MEDIATION TO RESOLVE SOME OR ALL OF THE DISPUTES THAT MAKE MY DIVORCE CONTESTED?

    Yes. Mediation is a process whereby you and your spouse sit down and attempt to resolve the issues involved in your divorce. The mediator is a neutral third party who will try to help you and your attorney reach an agreement in the divorce. Our attorney is also a Family Court Mediator. For more information on mediation, check out our tab on mediation.

  • HOW LONG DOES A DIVORCE TAKE?

    In an uncontested divorce where both sides reach an agreement on everything, my office usually can have the paperwork ready to be signed by the parties within 7 - 10 business days. Once the attorney has all the executed paperwork and filing fee, the office will file it with the court within 1 -2 business days. The order is then sent to the judge for his/her signature. That usually takes about a month.


    Contested divorces usually take about 3 - 4 months just to get to mediation, and a trial could take an additional 3 -4 months after that if no agreement is reached.  Some cases that are more complex can take longer.


  • DOES THE MOTHER ALWAYS GET CUSTODY OF THE CHILDREN?

    "Custody" has been replaced by a concept called "shared parental responsibility," which means a court-ordered relationship in which both parents retain full parental rights and responsibilities for raising their child. Parents are to confer with each other so that major decisions affecting the welfare of their child will be determined jointly. You could say that both parents have "joint legal custody" under shared parenting. This does not mean the children spend an equal amount of time with each parent. Shared parental responsibility is the most commonplace relationship between parents and children. Shared parenting is appropriate when both parents are fit parents, and both parents desire to have a healthy relationship with their children. It is most effective when both parents are able to cooperate in an appropriate parenting plan. The father must be given the same consideration as the mother in determining a parenting schedule for a child, irrespective of the age or sex of the child. This means that mothers and fathers start out equal when determining what is in the best interest of the child. It does not mean that mothers and fathers are automatically equal in their ability to be good parents. That will depend on the facts and circumstances of your particular case. The parties can come to an agreement on "time-sharing" for the children, which determines when the children spend overnight with a parent. This is usually better than having a judge determine this since the parents know their children better than the judge. However, the judge will use the "best interest standard" in determining the "time-sharing."

  • CAN I PERMANENTLY LEAVE THE STATE WITH MY CHILD?

    Permanent relocation out of Florida or to a distant location (more than 50 miles), which would disrupt contact between a child and the other parent, might not be permitted by the court unless both parents agree, depending on the circumstances of your case. There is no presumption in favor of or against allowing a parent to relocate with a child. The court looks at the positions of both parents and the best interests of the child in determining whether relocation is proper.

  • HOW DO I KNOW HOW MUCH CHILD SUPPORT I MAY HAVE TO PAY?

    Generally, the child support amount is determined by the Child Support statute and uses the following figures in the determination: net income of the parents, health insurance for the children, daycare costs, and the time-sharing schedule. However, other factors can be taken into consideration in the amount, i.e., inputting income to a parent or health issues of the child. Our office has the ability to calculate the amount of child support after discussing the factors used to give you an idea of what you may have to pay or receive.

CAN’T FIND WHAT YOU’RE LOOKING FOR? SIMPLY CALL US AT 239-574-4171.

Share by: