If it’s time to end your marriage, waiting another month is costly in more ways than one. You may be paying household bills from separate homes, negotiating how you’ll split school drop-offs, or asking yourself if you can stay in the family home. It’s only natural to start looking for divorce lawyers in Florida who can help reduce avoidable delays.
What matters is knowing how a divorce attorney can minimize unnecessary hold-ups while advocating for your best interests. Having your attorney thoroughly analyze your finances, prepare a feasible parenting proposal and clarify settlement terms can help the process run more smoothly. But no one can predict how long it’ll take your spouse to consent to a settlement or how soon a judge will issue a final judgment.
For families in Hialeah and nearby South Florida areas, selecting a divorce lawyer comes down to identifying the unique problems in your marriage. A couple who owns a company together requires a different strategy than a pair who’s already negotiated nearly everything. The next several questions are meant to aid you in making the right decision and to fully understand the effort involved.
What to Look for in Divorce Lawyers in Florida
Look for opportunities to learn whether the lawyer would be a good fit. Divorce and family law involve finances and parenting matters that might remain intertwined for years after the marriage is over.
Ask the lawyer how he or she would handle your particular situation. What would the lawyer need to know about a house in order to determine whether to offer a buyout? What would it take to convert a vague parenting arrangement into a concrete time-sharing schedule? Experience is crucial when it relates to these questions.
Ask the potential family law attorney about his or her experience with contested and uncontested divorce cases, settlement discussions and trial representation. An attorney who is ready for a possible hearing can also tell you which disputes are best resolved and which require additional proof before taking action.
The lawyer’s approach to communication is important as well. Ask who on the legal team will be available for everyday inquiries, who will be making recommendations and how the client will be kept informed.
Request the fee agreement and get an explanation of the attorney fees and what work those fees include. A low price doesn’t tell you much if you don’t know how additional services will be billed.
Bring up language needs at the first meeting. It will be much easier to discuss assets, liabilities, support or child custody when you feel comfortable asking questions and understand the answers before you sign any documents.
An Uncontested Divorce Requires More Than Agreement to Separate
A couple can reach a consensus that the marriage is over and still have differences over the effect of ending the marriage. Who gets the house? How are retirement assets handled? Will one party pay alimony to the other? Who sees the children during holiday breaks? The answer to all of these questions could vary between the two of you.
The basic premise of an uncontested divorce is that the spouses have settled on all the matters that need resolution in the case. There is still a process to follow, including preparation of documents and obtaining the judge’s signature. In a contested divorce, there are still issues that haven’t been resolved, but those issues may be narrowed as negotiations take place throughout the litigation.
You should begin with a list of agreed upon and disputed items. Perhaps you both want to sell the house but don’t agree about when it should go on the market or who pays the mortgage payment up until the house closes. These are distinct items that must be considered. If you identify the disagreements early on, you can provide the information to your attorney and they can work on the issues from there.
Don’t sign an agreement just because it’s labeled as an “uncontested” agreement. Make sure your attorney reviews the agreement and explains to you what the marital settlement agreement does and how it applies to you. Which rights would you give up, and which obligations would continue after the divorce? Are there outstanding financial disclosures that haven’t been completed? Don’t make assumptions based on an early settlement offer. You might save yourself some time now but have more difficulty down the road.
Understand the Florida Divorce Process and Timeline
At least one spouse must have lived in Florida for six months before filing for divorce. The case starts with a petition for dissolution of marriage, the formal name for a divorce. The most common reason for a divorce is that the marriage is irretrievably broken. Your Florida divorce attorney should check on residency, where to file and any other issues of jurisdiction before filing. Read Florida's residency requirements and grounds for dissolution.
In addition, there is a waiting period before a final order can be entered. Section 61.19 requires at least 20 days between the date the initial petition was filed and the date a final judgment may be entered. However, the court may enter judgment earlier if the court finds that imposing the 20-day delay would work an injustice. This does not mean your divorce will take only 20 days to finalize.
Other factors can influence the time frame, such as service, incomplete information, contested issues or the judge's schedule. Your lawyer should explain the difference between the next action you can take on your own and one that relies on the efforts of others. You can assemble financial records; the valuation of a business may take more time.
The timeline for the divorce process should include your responsibilities as well as dates. Determine what records you need to turn over, when your attorney needs you to make a choice and what time limits are spelled out in court filings.
Prepare Financial Records for Property Division
Negotiating a settlement is difficult without a clear view of the financial status. Determine who gets what only after deciding what there is to divide and who owes what. Retirement accounts and outstanding debts, even if in one spouse's sole name, should be considered.
Documents you might legally obtain to assist in determining the overall status include:
- Recent tax returns, pay stubs and other income information.
- Bank, investment and retirement account statements.
- Mortgages, property deeds and loan statements.
- Credit card statements and other debt documents.
- Business records and any prenuptial or postnuptial agreement.
If a record is unavailable, tell your attorney. Do not estimate or access information using another person's credentials. Your attorney can advise how to request missing documentation.
The equitable distribution statute governs property division in Florida. It differentiates nonmarital property and obligations from marital assets and debts. The court begins with the premise that the marital portion should be divided equally, but relevant factors can justify an unequal division. How property was acquired and the source of the funding used can be significant. Consequently, having one's name on an account or title doesn't settle how it will be divided.
The division also requires planning for execution. If a couple intends for one party to retain the marital residence, the agreement should detail any required refinancing, payment deadlines and what happens if the spouse keeping the house cannot complete the financing arrangements. A figure that seems equitable in theory may not adequately resolve these practical issues.
Discuss Child Custody Through a Practical Parenting Plan
The term “child custody” that many people use is called time-sharing and parental responsibility under Florida family law.
Sometimes parents decide to split time with their kids, but have not talked about what happens on a regular Tuesday. Who picks the kids up if a shift is delayed? Where will they do the exchange? How will school holidays and vacations be worked around both parents’ schedules? Bring your kids’ school schedule and your own work schedule to your lawyer. Indicate any transportation issues and regular activities. This can help tell you if the proposal works beyond just a couple of weeks.
In Florida, the child’s best interest is the guiding principle for determining parenting plans and time-sharing. Florida’s parenting statute contains a rebuttable presumption that equal time-sharing is in the child’s best interests, subject to the statute’s provisions. It is not an automatic outcome in every case.
Parenting plans also need to account for parental responsibility. What will happen in regard to everyday care of the child, schooling, medical treatment, etc.?
Inform your lawyer immediately about domestic violence, safety issues or a current restraining order. These issues require careful attention and may affect the way discussions and negotiations are handled. Never let speed of decision cause you to miss out on protecting your child’s safety.
Address Child Support and Spousal Support With Records
The same kind of planning should be done for support discussions. Create a realistic household budget and determine which expenses would change when you have separate households. Child care, housing and health insurance may differ when there are two households.
Regarding alimony (also called spousal support), section 61.08 requires that the court determine the actual financial need of the spouse requesting support and the ability of the other spouse to pay. Other statutory factors influence the analysis. The fact that one spouse earns more doesn’t automatically mean there will be alimony, nor does knowing what another friend got in their divorce tell you what you should expect.
Ask your lawyer what records of income and expenses should be prepared for both alimony and child support questions. Ask which child-related expenses and time-sharing information the lawyer needs to assess child support. Tell the lawyer early on if income fluctuates or is derived from a business. Well-documented income and expenses provide both parties with a good starting point for assessing offers.
Use Mediation When It Can Help Resolve the Actual Dispute
Mediation may provide an opportunity for the parties to resolve their dispute with the assistance of a neutral mediator. Your attorney can help you prepare proposals for presentation at the mediation session and review the terms of any agreement with you and advise you as to its legal effect. Keep in mind that while the mediator will assist in reaching a settlement, he or she will not act as your attorney or advisor.
Preparation is vital to making the mediation productive. For example, if your disagreement relates to a buyout of the family home, have the numbers available. If the dispute concerns parenting time around the holidays, come prepared with a schedule proposal. "I want this over" is a perfectly valid goal but that is not a term of settlement.
In Florida, there are some child-related issues which may be submitted to mediation upon court referral and an agreement reached by the parties is subject to review and approval of the court, as set forth in section 61.183. Ask your attorney if mediation might be appropriate in your case, particularly where there are allegations of domestic violence, threats, coercion or other safety concerns.
Some disputes still need a hearing or trial. Settlement at any price is not the goal. Your attorney can explain the tradeoffs and prepare for the next step if acceptable terms cannot be reached.
Bring a Clear Starting Point to Your Consultation
Don't worry if you don't have all the answers. You should bring any documents you have filed or been served with, any draft settlements, a summary of your finances and the dates of future court hearings. Write down your top three concerns so that you don't forget them when you are in the meeting. Ask what issues must be addressed first, what information you need to obtain and what could be preventing a settlement. Make sure that you understand what the attorney suggests for the scope of legal services and what your next steps will be. An attorney can advise you on what family law matter must be responded to right away and what can wait until you have additional information.
Attorneys at Law Joseph M. Corey, Jr., P.A. is a family law firm representing clients in divorce cases, including hearings, mediation and trial. The firm has a bilingual staff and its office is located at 900 W. 49th Street, Suite 204, Hialeah, Florida 33012. Its divorce services include free consultations and payment plans.
To schedule a consultation about your situation, please call (305) 557-1750 or contact the firm. Leave with a clear next step and an understanding of what information is still needed.
