Frequently Asked Questions About Divorce
At Norback Law, LLC, we understand divorce can be a complex legal process. We have prepared answers for some of the questions we frequently hear from our clients.
What are the general differences in cost between contested and uncontested divorces?
Costs can vary in any divorce, contested or not. However, uncontested divorces generally cost much, much less than a contested divorce – because both parties have agreed early on in the divorce process as to what each wishes to accomplish.
What is an annulment?
An annulment is a legal procedure which cancels a marriage. Annulling a marriage is as though it is completely erased – legally, it declares that the marriage never technically existed and was never valid.
Does adultery affect a divorce case in Florida?
It can, particularly where one’s adulterous behavior has damaged the other spouse. In cases where adultery has cost the other spouse martial assets or property, or health, there can be serious consequences.
Can the court make a decision on where a primary parent lives in a custody case?
Not exactly. While the Court will not tell the parents where they may live, the Court will consider where the parties live as a part of any time-sharing or custodial determination.
How long does an uncontested divorce generally take?
An uncontested divorce can take as little as a month to accomplish. What is the general process for filing for divorce?
Generally, divorce pleadings or papers are drawn up by your attorney after you meet with them. They are then filed in many jurisdictions electronically.
Do parents have custody rights to their children when they are unmarried?
Not always. In Florida, paternity is determined by marriage. Simply being on a birth certificate does not confer legal paternity. That is why father are encouraged to establish paternity to establish their time sharing or custodial rights.
What generally happens when either I or my estranged spouse refuses to sign divorce documents?
If one spouse refuses to sign, then the case is considered contested.
What generally happens at a default divorce hearing?
A default in this context means that your spouse failed to file papers, plead, or otherwise appear on your case. At the default hearing, the judge will swear you in, will ask you questions, and will check the Court file to make sure all is in order.
What is the difference between a fault-based divorce and a no-fault divorce?
The difference between a fault and a no-fault divorce is the grounds for the divorce. In the first case, the spouse filing the divorce claims the other spouse is responsible for ruining the marriage, while in the other case no blame is placed on either party. Laws can vary in each state, however, Florida is a no-fault state.
What are the general guidelines of alimony?
In general, the court will consider one party’s need and the other party’s ability to pay alimony. In Florida, the length of one’s marriage is very important. Then, the court considers other factors such as the parties’ age, work history, present ability to work, length of marriage and health in determining whether alimony will be appropriate.
What do I need to start the divorce process?
To start the divorce process you need to speak with a qualified and experienced attorney.