There are many complicated roadblocks that can come up during the course of a divorce proceeding. Before a Judge can dissolve a marriage, a couple must first resolve each of these issues. Having a skilled family attorney as an advocate during these proceedings is highly important when it comes to protecting your rights.
If you believe your marriage is headed toward divorce, now is the time to seek legal counsel. Facing divorce alone could put you at a significant disadvantage, especially if your spouse has legal counsel of their own. Let a Coconut Grove divorce lawyer assist you with every aspect of your case.
Dividing Marital Property
Property division is potentially an issue in any divorce case. However, it is not the role of the court to divide everything that married people own. Instead, a Judge has an obligation to divide only the marital property. This is the property that is jointly owned or acquired by both spouses during the course of the marriage.
Unlike marital property, separate property is owned by the individual. It is usually made up of the things that each person brings into the marriage. In some cases, it includes individually owned assets obtained during the marriage like a family inheritance.
Under state law, the Judge will attempt to divide the property equitably, which does not always mean that it is divided evenly. If one spouse played more of a role in acquiring assets or earning an income, the court may choose to have that person take a greater share of the property.
Custody of Minor Children
Married couples have the ability to reach an agreement on most aspects of their divorce case. As long as the two spouses are on the same page, the court will rarely weigh in. The primary exception involves the custody of minor children.
Every custody issue in in Florida is determined by a standard known as the best interest of the child. A Judge must consider a variety of factors before determining the best custody arrangement for that child. While the courts usually prefer to provide both parents with joint custody, there are many situations where sole custody goes to a single parent.
A parent might not have the complete right to determine issues regarding custody or child support, but they do have the right to be heard. With the help of a Coconut Grove divorce attorney, it can be possible to make a case for primary custody of a minor child.
Determining Alimony in a Divorce
Judges who handle divorce cases also have the power to award alimony. Alimony—frequently referred to as spousal support—involves monetary payments made from one former spouse to another.
There are different types of alimony. In some cases, these payments are only awarded during the course of the divorce case. Other situations will have alimony payments last long enough for a spouse to complete their education and find employment. Some Judges will award long-term spousal support, depending on the circumstances.
It is important to understand a Judge retains the power to review these decisions. Down the road, the court could revisit the issue by modifying an alimony award or ending it entirely. A divorce attorney could assist someone in Coconut Grove with these modifications.
Reach Out to a Coconut Grove Divorce Attorney for Advice Today
Once you know that you will be ending your marriage, you should immediately contact The Florida Probate & Family Law Firm. The longer you wait to get legal guidance, the harder it could become to get a fair outcome in your case.
It is in your best interest to have a Coconut Grove divorce lawyer on your side. Call right away to get a free consultation with our team.