In Florida, divorce proceedings become complex if the marital estate is extensive, and the couple has children. The laws that apply to the case dictate how the couple manages child custody and the division of their property. Petitioners who have never been through a divorce before need answers to their questions about the cases. A local attorney answers frequently asked questions.
Are There Shorter Waiting Periods for Abused Spouses?
No, there is a sixty-day waiting period after both parties sign the divorce agreement, and it is filed. The court offers a protection order for the spouse if they are abused. The order could apply to their children, too. However, it is possible for the spouse to address the judge if they fear for their life. Some judges might show some leniency and waive the waiting period.
Are All Child Custody Orders Final?
Initially, yes the child custody order is final at the end of the divorce case. However, either parent may file a motion for a change in the child custody orders after one year. The court won’t change the orders until there is sufficient evidence of a risk to the child.
Can a Child Decide Where They Want to Live?
Yes, a child who is at least 12 years of age has the right to state where they want to live. In most cases, the court allows the child to choose. However, if the parent of choice presents a risk to the child, the court overrules the child’s wishes.
When are Inherited Properties Divided in a Divorce?
The state of Florida follows community property laws. Typically, any inherited property is protected through the laws, and the asset stays with the beneficiary. However, if the marital home was an inherited asset, it is still possible for either spouse to get the property.
In Florida, divorce proceedings offer protection for a spouse who is endangered. The laws allow for a protection order that prevents direct contact with the victim. Children are also protected from abuse and domestic violence. The laws also help couples divide their marital property in a fair and reasonable manner. Petitioners who need more info about the cases contact Destin lawyers right now.