Navigating a divorce with children can be difficult, even in the best of situations, but when you and your spouse are facing a divorce with a special needs child, your custody and time-sharing decisions will require a unique and multifaceted perspective and should be given careful consideration. Children with disabilities often have special circumstances that require additional consideration, not always addressed in most common child custody agreements. Working with your lawyer and your child’s medical advisors can help your child adjust to their new living situation.
If you have lived in the state of Florida for at least six months, you are within your rights to file for divorce even if your spouse doesn’t agree. If you believe that it’s not possible to repair the marriage or your spouse has been determined to be legally incompetent, you will file for Dissolution of Marriage (the legal term for Divorce) at the Circuit Court within the county in which you live.
The Florida Supreme Court made it possible for residents to represent themselves when getting a divorce. Usually, the county court’s websites contain the necessary documents for this action and instructions for properly completing these papers. However, you may wish to consider hiring a divorce attorney if there are complex issues or child custody to consider.
If you and your spouse are separating, your main question may be “How do I choose a divorce attorney?” Going through a divorce can be overwhelming, but there are specific factors to consider that may safeguard you from hiring the wrong representative. Please read our list of how to evaluate a divorce attorney on these 8 points.
1. Inquire about fees.
When you consult with a divorce lawyer, discuss fees upfront so that you can focus on the litigation. Ask what the hourly rate is, when the fees are charged, what forms of payment are accepted, and whether or not the retainer is refundable.
Not a day goes by without at least one or more of these questions. We hope this list will help you in your decision.
1) Is my spouse entitled to half of everything I own?
Generally speaking, yes. Most assets acquired during the marriage are considered marital property and are subject to equitable distribution. Pre-marital assets are usually considered separate property and would not be entitled to the other spouse at the time of divorce. Also, an inheritance that is not co-mingled with marital funds, or real estate inherited that does not include the spouses name on the title, would normally be considered separate property and would not be entitled to the other spouse as well.
A question that pops up quite often is “How Much Does it Cost for Attorney Services” Quite honestly, the amount a divorce attorney gets paid has a lot to do with how prepared you are and if you are willing to work with your attorney or, if you want your attorney to do all the work.
By reviewing this list and following these tips, it is nearly certain that you can cut down on the time it takes to resolve your case, which will lead to less fees for which you will be responsible.
1. Start with the Right Attorney
The amount of money you spend on your divorce or family related litigation can be significantly minimized by choosing the right attorney. Do your research and choose someone experienced in the area of family law and who is attentive and interested in your situation. Attorney Eric Cheshire’s practice is exclusively in the area of Marital and Family law. He has successfully represented families in the area of Family Law for 25 years and upholds honest, Christian standards as he protects your rights while serving the best interest of the children.
For a married couple with children, the impact of the divorce on children should be one of the biggest concerns when the question of a divorce is raised. Research shows that a child’s reaction to divorce is greatly shaped by a number of factors, including age, gender, family support, and the quality of the relationship between the parents prior to the divorce.
There is an age factor when it comes to children and divorce. Dealing with divorce is very different for young children versus adolescents.
If you live in Florida and have decided to get a divorce, there’s something you should do before doing anything else: gather important paperwork. Nothing can slow down or complicate the process like waiting until much later. For example, gather your documents before telling your spouse about getting a divorce. Otherwise, he or she could end up with most of them, which will put you at a distinct disadvantage. Your divorce attorney will be able to request copies from your spouse’s lawyer, but that will cost extra time and money.