Though not all Florida judges are willing to dissolve marriages of same sex couples, it is still important for separating gay and lesbian partners and spouses to
settle child custody issues, divide their assets and debts, and prepare for for the transition from being together to being single.
The lawyer should try to divide the marital property, advocate the amount that should be paid for maintenance and child support, set visitation rights and
settle child custody issues.
Not exact matches
Separation Agreements allow the parties to determine how the
issues such as
custody, parenting time,
child support, spousal support and property division will be
settled.
Finally, you must attach the marital settlement agreement (a written agreement dividing your property and debts, resolving alimony, establishing
child support,
custody and visitation, and
settling any other
issues in the marriage) as an exhibit to the petition.
The court stated that while there also exists no prohibition to the parties
settling the
issues of
custody and
child support by arbitration, the provisions of an award for
custody or
child support will always be reviewable and modifiable by the courts.
After
settling issues of
child custody and alimony, the court ruled that the husband would get the business, but would have to compensate the wife for her share of it.
If the parties
settle the dispute outside of court, it will be the separation agreement that deals with the substantive
issues that people are usually concerned about, for example,
custody, access,
child support, spousal support, their home and property division.
As mentioned earlier, the family court's counseling services provide mediation for couples needing help to
settle child custody and placement
issues.
Unless a separation agreement is in place and
custody issues have been
settled, it is advisable to remain in the matrimonial home if
custody of your
children is desired.
I recently completed a divorce case in which all
issues other than
child custody settled in the middle of trial.
For those filing on or after October 12, 2010, you should be aware that this divorce can not be granted for this reason until after
issues regarding spousal support and property, as well as
custody, visitation and
child support have been
settled between you and your spouse or decided by the court.
Family Case Conferences in Provincial Court This webpage explains Family Case Conferences - private, informal, one - hour meetings with a Provincial Court judge and the other party (and your lawyer [s] if you have them), at which you'll try to
settle some of the
issues around
custody, access, guardianship, and
child support without going to court for a full hearing.
If you and your partner are unmarried, you will have to pursue a parentage action to
settle issues of paternity before a court will award
child custody and support.
In a contested divorce at least one
issue has not been
settled — either getting divorced or the terms of the divorce, such as the division of assets, allocation of debts, alimony,
child support, or the
custody of
children.
Whether your divorce is highly contested or whether you are close to
settling all or most of the major
issues pertaining to your divorce such as
child custody, visitation, division of property, and support, the following characteristics of a prospective divorce lawyer should be considered.
As with the other areas of family law, the
issue of
child custody can be
settled out of court.
The court steps in to
settle issues of
child support,
custody, and visitation rights when the parents can not.
Many courts systems rely on the court mediator to help angry parents who are in the process of divorcing to
settle issues of
child custody and support.
If you can come to an agreement with your ex-spouse on major
issues like
child custody and
settling assets, you may be able to file for an uncontested divorce, which will be much cheaper.
Another frequent
issue that we encounter with people in a high conflict
child custody case is
settling under duress.
If it is necessary to go to court to get your divorce
settled, here are some of the criteria judges typically use in determining who gets
child custody.By M. Marcy JonesChild
custody can be a highly emotional and charged
issue in getting divorced.