Florida Divorce by Mail

Getting a Florida divorce by mail may sound “old school” when we are constantly being bombarded with new technology that makes everything quicker, faster and easier.

Then again, getting a divorce is not like wanting to listen to your favorite song instantly or sending a text message as fast as possible.  And an “old school” tool like using the mail to get  your Florida divorce by mail will give you the best benefit there is: it’s easier. 

What makes it easier is not having to:

• take time off from work to get the divorce paperwork done; OR
• worry about whether you have all the required paperwork done property; OR
• having to take off from work again to go to a divorce hearing

Some couples take time off from a marriage to see if something will change.  That may be a good thing because it can provide you time to think about your options, namely whether you wish to continue to be married or want to go your separate ways.  But too much time is not that great either because postponing that decision can become a headache as time goes by.

The only thing you need to do to get it done is to start the process of divorce.  There is no tech tool that can do it for you yet.

There is also no tech tool yet to rubber stamp a divorce decree online either.

There is only you and the power you have to make the choice that will work for you.  But that is a good thing.

Vivian Rodriguez
Miami, Florida

Vivian C. Rodriguez, Esq., is a divorce and paternity attorney in Miami, Florida.  You should consult a lawyer to give you specific advice for you.  For more information about how Vivian can help you doing a divorce by mail in Florida, visit her site at NoHearingDivorce.com.

Mailing Address:  2520 SW 22nd St, #2-041, Miami, FL 33145, Tel: 305-710-9419

Divorce in Florida with Children

A divorce in Florida with children does not have to be a time-consuming or expensive divorce.  The information below will show you the important things you need to know to make the divorce painless for yourself AND your children.

Custody in Florida

If you’re just starting out on your search for information on a divorce in Florida with children, you may still think that there are Florida child custody laws.  Technically, “custody” no longer exists in a divorce in Florida since 2009.  In the rest of this entry, the word custody will be used only because it is easier in discussing the topic as whole, but the details are different.

What Florida divorce law provides (this link is to Section 61.13, Florida Statutes) for now is:

1. Parental responsibility; and
2. Time-sharing

These two areas are examined in the contest of the only principle that will guide the court: the best interest of the child or children.

Parental responsibility refers to the rights and obligations of parents to bring up a child.  The law in Florida recognizes shared parental responsibility, which is when both parents share the responsibilities and obligations of bring up their children; sole parental responsibility is when those responsibilities and obligations are given by the court in a divorce to one parent.

Timesharing refers to the time each parent will share with the children of their marriage after the divorce is final.

To avoid misunderstandings as to what is given and to which parent, the Florida law also requires a parenting plan that incorporates both a designation of parental responsibility and a time-sharing schedule.

If you and your spouse can agree on the parental responsibility and a schedule of time-sharing, then you both can agree on a parenting plan.  Once you agree, the court must approve the parenting plan.  Once the court approves the parenting plan, that will be incorporated into the final judgment of divorce.

Joint Custody in Florida

To get the equivalent of joint custody in Florida, you  can provide for shared parental responsibility and then decide on the timesharing schedule.  The timesharing can equal or less than equal; the important thing is to agree.  If you and the other parent agree on these two areas, then you can submit a parenting plan, with all the necessary details, to the court for the court to approve it.

Sole Custody in Florida

If you want sole custody of a child but the other parent does not agree, then you are most likely looking at a contested divorce.  In this case, the court will decide whether you have proven by evidence that you should be designated as the parent to have sole parental responsibility and then the court may also designate what time sharing should be given to the other parent.  See Section 61.13, Florida Statutes, for the factors the court must consider in making a determination as to what kind of parental responsibility and timesharing would be in the best interest of a child.

Avoiding Custody Litigation in Florida

Custody litigation is expensive and long.  It may require involving other parties, such as guardians ad litem, conducting social investigations, and where appropriate asking for mental evaluations.

There are two avenues to avoiding litigation.  The first is for you and your spouse to discuss these issues and reach an agreement.  The second is to agree to go to divorce mediation.  Each of these are opportunity to settle a case, with or without lawyers.  Florida divorce mediation is usually ordered in most counties in Florida before getting a trial date, so if you have the opportunity to get to mediation before spending money on legal fees and experts in connection with a custody battle, it’s probably a smart idea to do so as quickly as possible.

Child Support in Florida

Financial support of children is mandated by statute; and the right to receive child support in Florida is a right that belongs to children, not the parent who is supposed to receive it according to the guidelines.  You can read the statute about support in Florida at Florida Child Support Guidelines.

Setting a child support amount in Florida is mandatory: that is, it must be established.  If the Florida Child Support Guidelines show that one of the parents is supposed to receive child support, the parent who is supposed to get it cannot agree to waive it because the right to receive it does not belong to them, as stated above.

Parent’s Divorce Class

In divorces with children, the parents are required to take a parenting class.  Nowadays, you can take this divorce parenting class online, and get the certificate by email.  Once you receive the certificate you must file it with the court once your divorce case is filed.

Conclusion

The above information should give you a pretty good idea of the questions or issues you’re facing in a divorce with children in Florida.  To the extent that you and the other parent can civilly discuss each question and reach an agreement, a divorce in Florida with children will save you difficulties and will also let you get on with the business of parenting your child along with your former spouse.

Florida Divorce Faqs Weekly: How Much Does a Divorce Cost in Florida?

Much of the cost of divorce in Florida will depend on your type of divorce.  All divorces in Florida will cost you a filing fee, which is $409.  (For the spouse that will file an answer and counter-petition in a contested divorce, they will also have to pay $295 to the clerk of courts for filing the counter-petition for divorce).

From that point on, the cost of the divorce will depend on whether you and your spouse will be able to reach an agreement on whatever it is you have to decide.  Things that must be decided in a divorce include, for example:

• if there are children, things like time-sharing for the children with each parent and child support
• property, not just real property, furnishings and automobiles, but also pension and retirement accounts
• debts

The Least Expensive Divorce

The least expensive divorce (or the cheapest divorce) is the one where you and your spouse are able to decide all of those things without having to have the judge decide for you.

This is what we call the uncontested divorce.

Most people getting a divorce do not realize that divorce trials are not necessary when the couple decides what to do with these things and have an agreement for time sharing and child support when there are children in the marriage.

Divorce laws are there for two reasons:

1. to provide for things that the parties must decide in a divorce.  This is the case, for example, with child support  and other issues related to the children (like the parenting class required for parents going trough a divorce).
2. to provide a framework for the court to decide when the parties cannot or will not do so.

If you understand that, then the divorce will not only cost you less, but will be easier on everyone concerned.

The Most Expensive Divorce

The other option, when you cannot take advantage of an uncontested divorce, is the litigated divorce.

It is difficult to be able to tell you how much you will spend on your divorce if both of you are fighting.  (If you want an example of a really expensive one, take a look at this case study based on a real case).

If both of you fight about the most minimal thing that must be decided, you will be spending a lot more than you want to.  It is well worth the effort to make a cost-benefit analysis to see whether it is worth fighting over an asset or other property; or even over the split of a particular debt.  It may sound strange to use what is mostly an accounting or business term such as “cost-benefit analysis” in the context of a divorce., but you ignore the cost of fighting for something at the risk of spending more than it may be worth it to you financially.

The reality is that both parties in a litigated or contested divorce will probably spend a lot more than they can afford.  Most of the fighting in a divorce will wind down or stop altogether when you run out of money to fight.

But here is the thing that most people only realize afterwards, when the divorce is over:  countless studies and resources show that divorce can take an emotional toll on both parties, even long after the divorce is officially over.

And, if there are children of the marriage, they too suffer during and afterwards, depending on how effective the parents may have been in dealing with the emotional issues of the children.

Click here to find out more about an uncontested divorce in Miami, Florida.

 

Will the Answers to Florida Divorce Law FAQs Help You in Your Divorce?

Looking for Florida Divorce Law FAQs to give you more information about a possible divorce?

If you’re looking for information about Florida divorce law, you have probably come across many different opinions from your divorce friends and even on the net, requiring you to keep looking for useful information about divorce.

Don’t believe the smokescreen that a divorce must be a long and expensive process to end your marriage and get on with your life.  If you’re thinking about getting a divorce, then you need to get just the facts about divorce in Florida without the hype about how to get it done.

When it comes to a divorce in Florida, you need to know about alimony if you think you need it, and about child support if you have children.  But beyond that what you really need to know is what types of divorce processes are available to you.

I realize that this is a pretty bold statement to make so let me give you two possible scenarios that I come across fairly often.

Example 1 – Florida Alimony

As an example, if you think you need alimony but your spouse cannot pay it because they don’t make enough to support themselves and help you out financially, then it doesn’t matter that the answer to Florida divorce law faqs about alimony is that you  have the right to ask for alimony; because under the facts of this example, your spouse doesn’t seem able to pay it.

Example 2 – Florida Child Support

Here’s another example.  If you have minor children but neither of you wants to pay support if that is what the Florida Child Support Guidelines turns out to be for your case, Florida courts are going to set a child support amount regardless because that is what Florida divorce law provides for when there are minor children in a marriage.

When it comes to Florida divorce law faqs, maybe we should be asking different questions:

• How much does it cost

• How long does it take?

• What is the easiest and quickest way to get a divorce?

Because how you answer those questions for your particular situation will make all the difference in you having a divorce process that works for you and your family.

Vivian C. Rodriguez, Esq.
Miami, Florida

Vivian C. Rodriguez is a divorce and paternity attorney in Miami, Florida.  The examples provided here are just that—examples to illustrate how the answer to most Florida divorce law faqs may not necessarily be of help to you–and may not be applicable to your particular situation.  You should consult a lawyer to give you specific advice for you.  For more information about how Vivian can help you with your divorce in Florida, visit her site at http://miamidivorceonline.com

Mailing Address: 2520 SW 22nd St, #2-041, Miami, FL 33145