When do I need a divorce lawyer in Fort Lauderdale?
Fort Lauderdale, FL- Florida is a no-fault divorce state so there shouldn’t be any issues when you decide your marriage is no longer working. All you have to do is file a petition saying that the marriage is broken and you can divorce even if the other spouse doesn’t feel the same way.
What’s the need for a lawyer then? Unless you’ve been married for a brief period and nothing much happened during that time, you will probably have to see an experienced Fort Lauderdale divorce lawyer.
You’ll need legal counsel if you had kids together, you accumulated certain assets during the time you were together, or if you decide your soon-to-be ex must pay you alimony.
Child custody issues to discuss with your lawyer
Virtually all reliable Florida divorce lawyers will tell you that it is much better to settle all child custody issues in a civilized manner rather than fight each other in court. For one thing, Florida Family Court judges are more likely to side with the parent that is more inclined to a compromise. If your behavior indicates that you’ll try to alienate the child from the other parent and interfere in their relationship, you may lose in court.
On the other hand, if you sit down with skilled divorce lawyers they can tactfully negotiate a compromise. You can draw up a custody or time-sharing plan you both find acceptable. You can decide where the child will live most of the time and the visitation rights the other parent will have. Keep in mind that it’s much better to find an agreement that can work for both of you. If you leave it to the judge, you may not like their decision, but it will be mandatory.
You should also discuss legal custody. This refers to who gets to make the important decisions for the child, like the school they go to, their religious education, and their healthcare decisions.
While you’re at it, your lawyers can explain how child support works in Florida. Typically, the non-custodial parent will have to pay child support to the primary custodian.
Property division - what to do if your ex has hidden assets
The first step is to make a list of all your assets. And debts, as you have to divide those, too. Under Florida law, there are two types of assets:
-
Marital assets - property you acquired during the marriage. If you bought a house, the parent who gets custody will probably keep it. If you don’t have kids, you can sell the house and split the money or you can come to a different arrangement. One of you can have the house in Fort Lauderdale if they give up on something else.
-
Non-marital assets - property you had under your name before getting married or inherited during the time you are married. That’s all yours, but you might have to repay your ex if they helped increase the value of the said property, by doing actual work or spending money on it.
There’s also the question of hidden assets. If you suspect your spouse is using some scheme - like putting money in a secret bank account or transferring marital property in their mother’s name, you need to hire seasoned Florida divorce lawyers. Your attorneys will use all their expertise to discover hidden assets so you get what you rightfully dseserve.
Types of alimony available in Florida
There are many situations when one spouse won’t have the means to support themselves after the divorce. They are entitled to seek rehabilitative or bridge-the-gap alimony. This is awarded for a finite period, the time it takes them to complete their education, get training and find a decent job.
On the other hand, if you’re in your 50s and your partner of 30 years leaves you for a younger model, it may be too late for you to enter the workforce. In such a case you can get permanent alimony.
