Although divorce decrees are final, it is possible to go back to court and ask the judge to modify them when a change in circumstances justifies a modification. For instance, the judge could increase, decrease or terminate a spousal support obligation or child support award in response to an increase or decrease in either party’s income or needs. The child custody and visitation arrangement could also be modified in the event one parent needs to relocate far away or out of state. Changes to child support or custody are only made if the judge determines a modification would be in the child’s best interest. Legal advice and representation are highly recommended when seeking or challenging a post-divorce modification.
Whether you are going through a divorce, engaged in a child custody or child support dispute, or need help with a post-decree modification, navigating the family law system can be incredibly difficult. These are highly complex and sensitive matters, and you may find yourself facing considerable challenges as you attempt to reach a resolution.
If you need help with any legal family issue, turn to the compassionate and experienced team at the Law Office of J.J. Talbott. We represent clients in Pensacola and across the Florida Panhandle and southern Alabama in all types of family law cases. Our attorneys recognize that every situation is different, which is why they do not follow a cookie-cutter approach; instead, we will take the time to get to know you, learn about your family, and develop a legal plan that makes sense for your life.
Continue reading to learn more about our family law practice, or contact us directly at (850) 695-8331 to request an initial consultation with a member of our team.
Do I Have to Keep Paying Alimony or Child Support if I Lose My Job? What if My Ex-spouse Remarries?
How long does a divorce take?
The soonest a divorce can be finalized after a petition is filed is 20 days in Florida or 30 days in Alabama. However, if the divorce is contested, the process will likely take longer. If the issues to be resolved are particularly challenging to work out, such as a high-conflict child custody battle or a dispute over complex marital property issues, a trial may be necessary to resolve the matter, and it normally takes several months to properly prepare a case for trial.
Although you may simply want to get through the process as quickly as possible, it is more important to do it right than to do it fast. A divorce decree can impact your finances and your relationship with your children for years to come, so don’t let your desire to be done with the divorce interfere with your long-term best interests.
My Spouse Makes All the Money, and I Don’t Know How I Will Live if I File for Divorce.
If you need to get out of the marriage, do not let worries like this prevent you from filing for divorce. Early in the divorce process, the judge normally issues temporary orders which require the parties to maintain the status quo regarding bank accounts, credit cards, etc. This way neither party can freeze the other out of the joint finances or gain an edge by selling a car or home or making a major purchase. The judge can also make temporary orders for child custody and spousal support and topics such as who can use the family home while the divorce is pending. Share your concerns with your family law attorney to make sure the appropriate court orders get put in place.
Why Would I Need an Attorney to Figure How Much Child Support Is Owed?
Child support is calculated according to a statutory formula, but it can be more complicated than simply plugging in numbers. The formula can quickly become confusing when both parents are wage earners, or when one parent is self-employed or owns a business. Some individuals may also try to hide assets in order to pay less in child support or alimony or to take advantage of the other in the property settlement. Finally, even though child support is established according to statutory guidelines, the judge has the authority to deviate from these guidelines in appropriate cases. Having an attorney on your side can help make sure you are fairly represented throughout the process and that neither you nor your children are taken advantage of.
If you are planning on getting divorced, you may be feeling overwhelmed and unsure of how to begin. However, while the legal process does involve several steps, it does not have to be excessively confusing or stressful. One of the best things you can do for yourself and your future is to work with a divorce attorney from the beginning. An attorney will be able to advise you throughout the process and develop a plan to protect your rights as you navigate the process of separating your assets and your life from your spouse.
Our Pensacola family lawyers help clients throughout the area with all types of cases, including but not limited to those involving:
- Simple divorces
- Contested and uncontested divorces
- Child custody
- Child support
- Asset/property division
- Spousal support/alimony
- Grandparents’ rights
- Prenuptial and postnuptial agreements
No matter how complex or contentious your situation may be, the Law Office of J.J. Talbott is prepared to help you understand your rights and legal options. We are committed to protecting you and your best interests as you prepare for the next stage of your life.
Child Custody & Support Laws
For parents who are separating, there is nothing more important than the wellbeing of their children. Under Florida’s child custody and support laws, both parents are generally granted “child sharing” rights and permitted relatively equal time with their children. The court does not give preference to mothers or fathers in matters of child custody but, instead, rules in favor of the child’s “best interests.” How this is awarded depends greatly on the specific facts and details of each individual case.
The state views child support as an obligation on both parents to provide for their children’s care, maintenance, education, health, and wellbeing. Child support is awarded based on Florida’s “Child Support Guidelines.” The actual amount each parent must pay depends on a variety of factors, such as each parent’s individual income, the custody/parenting time arrangement in place, and the number of children the two parents share. Note that the court has the right to deviate from the Child Support Guidelines, but it rarely does.
If you are divorcing or separating from the other parent of your child, it is important that you contact an experienced child custody and support attorney, like those at the Law Office of J.J. Talbott, who can help protect you and your child. Our team is here to help you find an optimal solution for your family and your unique circumstances.
Prenuptial & Postnuptial Agreements
Prenuptial agreements (or “prenups”) are contracts signed by two parties before they marry. The purpose of a prenup is to determine how the couple’s various assets, properties, and liabilities will be divided in the event that they divorce.
In addition to prenups, couples can sign postnuptial agreements in Florida. This is essentially a prenup that is entered into after the marriage has taken place. Like prenups, postnuptial agreements determine the division of assets and debts upon divorce.
There are many reasons to consider signing a prenuptial or postnuptial agreement. While these documents have earned a dubious reputation in the past, the fact is that they are one of the best ways to protect yourself and your future. No one wants to enter a marriage thinking about divorce, but having an ironclad plan in place can provide a sense of security to both partners.
Get in touch with us today to schedule a confidential consultation with our Pensacola family law attorneys. Call (850) 695-8331 or contact us online to get started.
Why Choose the Family Law Attorneys at the Law Office of J.J. Talbott?
When you are navigating a divorce, child custody agreement, or any other family law matter, you need someone by your side who you can trust. When you turn to the Law Office of J.J. Talbott, you get a team of dedicated legal professionals who genuinely care about you and your family.
Our clients are our top priority. We treat everyone like a member of our own family and every case as though it is our only one. You can expect to receive a high level of personal attention, support, and guidance throughout the legal process, along with reliable attorney accessibility and consistent communication. We will always be honest with you and will provide our professional recommendations based on the unique circumstances of your situation.
We are compassionate with our clients and aggressive when it comes to protecting their rights. We are not afraid to fight for your rights, even if that means going to court.
A Lawyer Who Cares
Whether you’re one of the 250,000+ Floridians injured in an auto accident each year, or you’ve suffered an injury at work and your employer’s insurance company is not co-operating, the Law Office of J.J. Talbott can help get you the compensation you deserve. Founder, J.J. Talbott is among the 1% of trial lawyers in the United States who have won multi-million dollar verdicts and settlements.Meet J.J. Talbott
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