Family Law FAQs

Questions about Florida divorce, custody & more

 
Fletcher & Phillips offers assistance to families who seek a balanced resolution to their divorce issues.

We understand that there are many aspects of divorcing in Florida that may produce anxiety, confusion, or anger, but we work hard to find solutions that let you remain as calm and confident as possible.

Each divorce is unique, but when you know a little bit about what to expect, you are more likely to get more from your time with us and settle your divorce with as little acrimony as possible.

I want to divorce my spouse, but he or she isn’t going to agree.  I’m thinking about just leaving.  Do I have any other choices?

If your are dreading a lot of emotional arguing, let us help. Mediation is an excellent way to avoid an expensive or acrimonious trial, and is often ordered by the Court for that reason.  We can represent one client in a mediation or conduct a mediation between the parties.

I moved to Florida for a fresh start, but my marriage just didn’t get better.  Do I need to go back to my old state to divorce?

No, but you or your spouse needs to be a Florida resident for 6 months — even if you live apart.

I want to remarry someone else.  How long will this take?

It can very considerably from a month to several years.  It depends on how many details have already been agreed to, whether there are children or a shared business involved, how much property must be divided, etc. and how readily the parties are to agree on these points.   We recommend you contact us and set up an initial office conference.  This is where the attorney gets an overview of the case at hand, advises you of your options and determines the initial fee retainer amount.

I don’t make enough money for my children’s lives to be the same.  What can I do to help maintain stability during the legal proceedings?

Florida divorce courts can order temporary child support, so that your kids receive the care they need while you wait for your divorce to become finalized.  Your attorneys can help you figure out how to position your needs for temporary-support and divorce hearings.

We handle child support and modification agreements for Jacksonville, St Augustine, Orange Park, and the rest of north Florida.

I made a lot of money in the past, but, in this economy, I can’t pay in alimony anywhere near what I could have three years ago—will the court understand what happened to me?

Every situation is unique and no one can guarantee an outcome in court, but the law is designed to accommodate changes in status as in alimony cases.

When minor children are involved, the court considers the children’s best interest above all else.

It is our standard procedure to evaluate the present situation against the foreseeable future and design proposed alimony and child support arrangements so they are reasonable.

My spouse went on a spending rampage after I told him I want to divorce.  Do I have to pay off half that credit card?

We deal with all sorts of property division issues, so this doesn’t have to destroy your financial future.  We may be able to show that the credit card is the responsibility of your spouse, because it isn’t marital debt, or we may be able to show that your spouse did this as a preemptive strike against you.

Bring us your receipts, statements, or other related financial paperwork to develop a solution.

I think I have a domestic violence problem.  Can I still retain custody?

The court looks at the best interest of the children.  If you are hitting your family members, the court may not think your children’s best interests are served by staying with you.

We recommend, outside our capacity as lawyers, that anyone involved in a violent situation remove him- or herself from the home and seek counseling.

I want to move out of Florida after my divorce.  Will this affect my ability to retain custody?

If your children are Florida residents and the other parent objects, the Courts will want to see that the children’s best interests are served. Generally, the Court will weigh their ability to spend time with both parents against the needs of the parents to live where they can earn a living or get assistance from relatives.  We can work out a plan to show the court what your family needs to move forward and stay as healthy and happy as possible.

Our offices are here to help you.  Please contact us with your Family Law questions.

Call 1-904-353-7733 for help with Family Law in Jacksonville or anywhere in north Florida.