The proper term for a divorce in Florida is a “dissolution of marriage.” Like many states, Florida abolished the need to prove fault as grounds for obtaining a dissolution of marriage. So long as one of the parties can state or allege that the marriage is irretrievably broken, the requirements for proceeding with a divorce in Florida have been met.
Going through a divorce is one of the most stressful experiences anyone could undergo. Due to the hassle and tension that can exist, some people are all too ready to sign off on the dissolution agreement. In fact, some people are so relieved the process is over, they sign off on the divorce agreement that goes before the assigned Judge for approval without even reading it. Unless modified, the dissolution of marriage agreement you enter into is final. Modifying a dissolution of marriage agreement, especially one that contains a parenting plan and a provision for the amount of child support due, will require the expenditure of significant time and resources. Every effort should be made to create the most favorable agreement the first time around. Those efforts include retaining a private attorney. There have been countless instances in which one of the parties to a divorce comes to the realization that the dissolution agreement contains unfair provisions or could have been more in their favor. What’s unfortunate about such realizations is that they tend to occur years later. Though modification can be possible, know that in addition to time and expense, any modification will not be retroactive. In other words, if a disagreement over the amount of child support paid arises, a petition to modify the child support amount could be filed, if the necessary elements for modification exist. Despite any modification to the amount, the years in which the disputed amount was paid cannot be considered. Any modifications are applied from the date of the modification forward.
DOMESTIC VIOLENCE INJUNCTIONS
In a divorce proceeding, a restraining order can have an incredibly dramatic impact. This is particularly true if the divorce involves minor children and custody issues. Having a private attorney is undoubtedly in your best interest. If you or your family members are victims of domestic violence, having an attorney work to obtain a restraining order increases the likelihood of it being granted and your family being protected. In that way, the restraining order can be considered a protective shield. If your divorce involves child custody disputes, the significance of an injunction can be explained as follows: courts may decide to prohibit parents with a known history of domestic violence from parenting time. Visits with children, if granted, could become supervised instead of unsupervised. The best interest of the child will always be at the forefront of decisions made by Florida courts. Additional reasons exist to seek a restraining order against an abusive spouse or significant other. The courts can look at a victim of domestic violence that failed to act in furtherance of protecting a child could find that such a failure creates issues regard to custody disputes.
If you are the respondent, meaning you have been served with a restraining order, you will want an attorney to defend you. The implications of having a restraining order entered against you are far more expansive than most people realize. Not all allegations of domestic violence have merit. In this way, such allegations can be metaphorically considered a sword. Though unscrupulous and dishonest, certain individuals make false allegations against their spouses or partners. Their hope is to gain an advantage in later proceedings. In the paragraphs above, we state that you will want an attorney to defend you in the event you are served with an injunction. Though false, if believed by a Judge overseeing your case, entry of restraining order can strongly influence a judge’s decision on issues involving child custody and parenting time. If the false allegations are believed credibly by the Judge, you can be ejected from your home, prohibited from seeing your children, or arrested; depending on the nature of the allegations. Consultations with our office are free. You can contact us online at www.bettercallbrendan.com