Possibly. Some courts will divorce parties without a hearing if a settlement is agreed upon. Some courts need a brief, uncontested hearing with just the petitioner. If you can’t agree, you’ll need a court hearing. Court can be expensive, especially if one side is granted the other’s attorney’s costs. “On the courthouse steps” agreements are common. The cost of going to court shouldn’t determine whether to settle or go to court.

Your children have a right to be loved by and spend time with both parents. Even if your kids say they don’t want to see their noncustodial parent, you can’t deny visitation. You can’t deny visitation because you dislike your ex. You can ask the court to amend your divorce’s visitation conditions if you believe your ex-spouse is harmful to your children. A divorce attorney can help.

The criteria for alimony include the list below, however, no two situations are the same. You will probably require legal assistance to evaluate how your specific case may affect alimony eligibility.

• Need
• Ability To Pay
• Length Of Marriage
• Health, Age & Lifestyle of both parties

This is no longer the case. Florida is a “no-fault” divorce state, meaning that one of the parties only needs to believe the marriage is irretrievably broken in order to file for divorce. “Fault” does not enter into the equation.

Children, especially young children, are not mature enough to decide which parent they should be with, in the eyes of the court. The reasonable preference of the child (especially older children) is one of many factors that the courts must consider in deciding time-sharing. The number one factor, is always, “What is in the best interest of the children”.

Who files for the divorce first has no bearing on the outcome of the divorce. Filing does have advantages, especially for the disadvantaged spouse. Until you file, there is no ability to petition for temporary relief for attorney fees, temporary child support, spousal support, etc.