Common Questions about Divorce
Why do I need to hire a divorce attorney?
There is no legal requirement in the State of Florida for you to hire any
type of legal professional to represent you during your
divorce, but it is highly recommended that you do so. Divorce can be a highly
complex and emotional experience, and it can be difficult to achieve a
favorable settlement when you represent yourself. An attorney can not
only guide you through the process, but also represent you in negotiations
and in court.
What are the requirements to file for divorce?
At least one of the spouses must be a resident of Florida for at least
six months prior to filing for divorce. Our state does not have fault-based
divorce, which means that one or the other spouse has to show that the
other did wrong during the marriage. The only reasons you would need to
provide to the court is that the marital relationship cannot be reconciled
or one or the other spouse has been mentally incapacitated for at least
Depending on your local county’s laws, there may be additional requirements
needed, so be sure to double check with your county court or call on one
of our knowledgeable South Florida divorce lawyers for assistance.
Do I have to go to court?
Because marriage is a legal institution, a judge will have to make the
final ruling on your divorce, but the amount of intervention you receive
from the court will depend in large measure on how effectively you can
work out solutions between you and your former spouse. You will have to
come to agreements on issues of
property division/equitable distribution and
child support before the court will approve your divorce, and if you are unable to reach
agreements on these topics the court will have to step in.
How long will my divorce take?
There is a
60 day waiting period from the date you file for divorce, and if there is no delay in resolving the terms of your divorce settlement,
at the end of this period your divorce will be finalized. An attorney
can help you speed the process significantly by helping you avoid common
pitfalls and representing you with your former spouse to facilitate negotiations.
How much will divorce cost?
The overall cost of divorce will depend mostly on the factors involved
in your situation, as well as the individual costs of your attorney fees.
In Florida, the filing fee for divorce is currently $408. Other factors
that make up the sum of your case cannot necessarily be predetermined
and/or are out of your control. For example, if your spouse’s behavior
makes the litigation process difficult, this can add to the expense. On
the other hand, good behavior can help make the process run smoother and
cut down on costs. Our South Florida divorce attorneys are committed to
providing services that are not only compassionate, but adaptable to your
overall needs, including finding ways to minimize the costs.
Will I be able to change the terms of the divorce settlement in the future?
Individuals who have been divorced commonly encounter life changes that
require a change to the terms of the divorce, and it is possible to petition
the court for
modifications. It is necessary to follow the proper channels and procedures when making
a post-settlement modification, to avoid being charged with violating
a court order.
How is child custody decided?
In any issue related to the custody or
visitation of a child, the court takes the approach of seeking an arrangement that
is in the best interests of the child. If there is any contest over custody
between you and your former spouse, it will be necessary for you to make
a persuasive case to the judge of the fact that you deserve to have custody
of the children and that it is for their benefit.
Divorce Attorney in South Florida
South Florida divorce lawyer from Hager, Schwartz & Ross, P.A. can meet with you personally to
answer all your questions and to help you get started on the process of
filing for divorce. We believe in offering detail-oriented service and
finding innovative solutions to your family law problems.
Contact a South Florida divorce lawyer
for additional answers to your questions about the divorce process.