Top Questions for a Divorce Lawyer
Unless you have experience with Florida’s courts, the process can be extremely confusing. As a result, most people employ the skills and knowledge of an experienced Tallahassee family law attorney or Tallahassee divorce attorney to help them through the process. In the mean time, you can find answers to some of the most frequently asked questions about the process. However, if you have specific questions or concerns, make sure you speak to a qualified and experienced Tallahassee lawyer to ensure your rights are protected.
How long does it take a divorce case in Tallahassee?
Contrary to popular belief, the length of time it takes doesn’t hinge on which party files first. While the timing of the filing has a significant impact, the amount of time rests mainly on whether the process is contested or not. In addition, the effectiveness of your Tallahassee divorce lawyer also has a significant impact on the time it takes the process to be complete.
What is an uncontested Tallahassee divorce?
An uncontested divorce is when both parties agree on all of the factors, such as the division of assets, spousal support, child support, and co parenting rights. If the it is uncontested and all of the paperwork is in order it could take your Tallahassee family law attorney as little as four or five weeks to have the marriage dissolved.
How long does it take to settle a contested Tallahassee divorce?
A contested divorce is when the parties are unable to settle one or more issues. In this case, your Tallahassee family law attorney is required to work with you and the courts to reach an agreement. It can take anywhere from three to six months or more for the case to be heard. However, depending on the caseload of your respective court, it could take your family law attorney a year or more to get the final divorce decree in Tallahassee.
What is the best route to take to get a divorce?
If you are able to reach an agreement with your spouse on sensitive issues, such as alimony, child support, time sharing with minor children, division of property, and division of debt; there are four different viable Tallahassee divorce alternatives, which can save you save a significant amount of time and money. In this case, an attorney can easily draw up the agreement. If you and your spouse are unable to reach an agreement, the best route is through Tallahassee family law mediation.
What is family law mediation in Tallahassee?
An experienced divorce attorney will exhaust their resources to have the case settled through mediation instead of going through litigation or a trial. Mediation is a process that uses a mediator to help you come to an agreement on the issues being contended. A Florida Supreme Court certified mediator, such as Ms. Patricia Fournier, would oversee the case. As a Florida Supreme Court certified mediator, Ms. Patricia Fournier has fulfilled the following mediation requirements:
- Stay neutral and remain unbiased toward both parties
- Never force either party into an agreement
- Continuously and diligently work to an agreement for the good of all parties involved
What is the first step in getting divorced in Tallahassee?
Once you have met the residency requirements and your marriage is inevitably broken, you must file a Petition for Dissolution of Marriage. The Dissolution of Marriage outlines all the claims you have for issues such as child support, alimony, debts, property, etc. In addition, when children are involved, you must also complete a “Children and Divorce” seminar due to the effects of divorce on children. In any case, most people find better results and a quicker dissolution of the marriage by consulting with an attorney to effectively navigate through Florida’s courts. Typically, the other party must be served the papers by a process server, then the rules and procedures of various courts can come into effect.
Can one Tallahassee divorce attorney represent both parties?
Simply put, one attorney should never represent both parties in a divorce. It’s practically impossible for one attorney to consider and represent the interests of both parties if they have different goals. In addition, you shouldn’t depend on your spouse’s attorney to protect your interests. Although this scenario is highly unlikely, if you can reach an agreement, you may be able to work out the details of the process with your spouse’s divorce attorney. However, you should keep in mind you spouse’s lawyer is your adversary. The best case scenario is to hire your own attorney to ensure your interests and rights are protected.