In Florida, divorce petitioners must review all possibilities when starting a case. The divorce agreement determines which party receives certain marital assets and child custody. If the parents cannot agree, the court requires a divorce trial. A Family Law Attorney in Fort Myers provides answers to common questions about divorce cases.

Can Children Decide Where They Want to Live?

If the child is at least twelve years of age, the court can assign a guardian ad litem for the child. The Guardian discusses the case with the child and determines the child’s wishes. The child’s desires are presented to the court if a divorce trial is needed.

Can Divorce Petitioners use Fault-Based Divorce Grounds?

Under Florida laws, the petitioner has two possible divorce grounds. Fault-based grounds are not available to petitioners. However, if a prenuptial agreement was secured before the marriage, fault-based grounds are considered. In the agreements, certain conditions could present a spouse with a greater portion of the marital estate or child custody.

Who Receives Alimony?

The length of the marriage defines when a spouse receives alimony. Typically, a marriage that has lasted over ten years qualifies a spouse for alimony. The spousal support is available on a temporary or permanent basis. Temporary alimony is provided when the spouse is transitioning to a different lifestyle, or if they need to complete an educational program. Permanent alimony is provided to spouses that are unable to support themselves financially due to their age or health-related conditions.

How is Child Custody Determined?

The living environment for both parents is evaluated if the court must determine who receives child custody. Any risks to the child are taken into consideration when the assignment is made. If no risks are present, the couple receives shared custody.

In Florida, divorce petitioners review all laws that pertain to their case and devise an agreement to avoid a contested divorce. Couples who don’t have children or extensive assets could achieve a simplified divorce if an agreement is possible. Alimony, child custody, and property division are managed by the family court. Petitioners who need assistance contact a Family Law Attorney in Fort Myers through the Law Office Of James W. Chandler P.A. right now.