If you were recently served divorce papers or have made the decision to end your marriage yourself, the future may seem uncertain. From addressing property division to making child custody decisions, it can be difficult to navigate a divorce on your own. However, by retaining a skilled Polk County divorce lawyer, you can help combat the stress and uncertainty of getting divorced.
At Fairway Law Group, our team of dedicated family lawyers works tirelessly to protect the rights of our Florida clients going through divorces. Our attorneys have extensive experience in a wide range of family law areas such as property division, child custody, alimony, and more. We can provide you with legal advice, strong representation, and assistance throughout each step of your case.
Once you have found an experienced family law attorney in Polk County, you can begin the divorce process. To qualify for divorce, there must be a valid marriage that the courts can dissolve. If the marriage is not valid in the first place, you can work with your lawyer to annul it because you will not qualify for divorce. This effectively means that the marriage never existed because it was unlawful.
A typical divorce in Polk County begins when one spouse works with a lawyer to file a petition for dissolution of marriage, which is the main divorce petition. Once the petition and supporting documents are filed, the other spouse must be notified of the court case. This is often done by hiring a process server who physically hands the respondent a copy of the petition.
Before a judge declares a marriage as dissolved, both parties will have to show the courts that important matters have been agreed upon. There are a variety of topics that must be addressed in every Florida divorce. These topics include:
Generally, there are two main ways that divorcing couples make decisions during their divorce in Florida. They can either work together to make agreements outside of court, or they can use litigation and the help of a judge to make final decisions.
When both parties reach an agreement that aligns with state law and the family code, the courts typically approve those decisions and formalize the divorce. However, when both parties cannot make agreements on important topics, both spouses will have to go to court to fight for their interests. This is known as divorce litigation. Divorce litigation is a complex process that can also take months, sometimes years, to complete.
Sometimes, a divorcing couple may opt to use mediation to avoid litigation. Mediation involves a neutral third-party mediator who helps both spouses work together to make decisions that can be mutually beneficial. Mediators are professionally trained to help spouses come to a consensus over tough subjects.
While modifying a finalized divorce agreement can be difficult, it is still possible under certain circumstances. However, working with a skilled lawyer during your divorce is essential in helping you obtain a divorce order that hopefully suits your needs long-term. Generally, issues such as child custody and child support can be modified if one party has evidence proving there has been immense change in their life.
For example, when one parent needs to move far away, this can impact the current child custody order and require modification. A parent may also be able to request custody modification if there is evidence of child abuse, neglect, or abandonment. Child support orders can be modified when there is a significant change in the earning capacity of the parent who pays child support.
A: The cost of a divorce lawyer in Florida largely depends on the amount of time and resources that go into a case, along with the lawyer’s hourly rate. Attorneys who have practiced law for many years and have a track record of helping clients achieve favorable results in court generally charge more for their services. If you are looking to retain a divorce attorney, make sure to discuss their rates and any fees that come along with hiring them.
A: In most divorce cases, both parties should be prepared to pay for their own legal counsel. This is because paying for a spouse’s legal fees is not required in every divorce. In rare cases, clients may be able to convince the courts that they have a financial need that merits attorney’s fees. If you believe you qualify for attorney’s fees or you’re being asked to pay them, talk to a trusted family lawyer first.
A: An amicable divorce, commonly known as a simple divorce, tends to be considerably cheaper than a contested divorce. This is because contested divorces require litigation and require months of court dates and discussions to complete. Simple divorces, however, allow an amicable couple to make their own decisions and then send them for final approval.
A: Every divorce varies immensely in its total cost. This is due to varying incomes, assets, and issues that every couple has to deal with. Because contested divorces take longer than simple divorces and require a variety of services from your attorney, they tend to be more expensive than amicable divorces that are settled outside of the courtroom.
When a divorce becomes inevitable, it is highly advisable to seek experienced legal counsel. Having the right attorney can help you avoid losing more assets than you are lawfully required to share. You can also better protect your parental rights by having a lawyer who will work to help you maintain meaningful time with your children.
Once the divorce process is completed, you can begin focusing on the next chapter of your life. Going through a divorce doesn’t have to mean that you lose the things that matter most to you. The attorneys at Fairway Law Group have helped countless clients navigate the divorce process with favorable outcomes. Contact our office today to schedule your consultation.
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