Despite it being one of the most recommended means of settling a divorce case, mediation is still an unknown for many divorcing couples in Florida. The belief that every divorce involves prolonged and ugly court battles does not have to be the situation for everyone. In fact, there are a variety of benefits to using mediation that will help many couples resolve their divorce as quickly and cheaply as possible.
Divorce is often a complicated and expensive process for many couples. By fighting about child custody, alimony and property division issues, some end up spending exorbitant amounts of money on legal fees. Fortunately, by avoiding a few common mistakes, couples in Florida can go their separate ways without breaking the bank.
Florida, along with several other states, has enacted laws regarding virtual visitation. Virtual visitation allows non-custodial parents to use electronic forms of communication, including video conferencing and instant messaging, to maintain a relationship with their children.
Some Florida residents who are contemplating divorce may be apprehensive about reaching agreement on various issues with the other spouse. For some, it is not difficult, while for others it is complex. As the number of divorces has grown nationwide, many courts are turning to the mediation process as an additional step toward divorce. Many couples have seen mediation as a way to settle their differences without undue contention.
Florida law protects children from abuse with a number of laws. It is possible for a parent or guardian to legally lose their custody and visitation rights because of violent or abusive behavior. However, the parental right to see and interact with their child is strongly respected by state and federal law. If it is possible for the parent to interact safely and appropriately with their offspring, then the court may choose to make provisions for custody, visitation or supervised visitation.
A divorce can create challenges for all family members, and grandparents may worry about being able to spend time with grandchildren if a contentious divorce and child custody case has occurred. While an amicable custody arrangement might not require any court action for grandparents seeking the opportunity to continue to have interaction and visits with a child, a grandparent may be able to seek court assistance if a grandchild's parents object to nurturing this relationship.
After Florida parents divorce, each will likely have the right to spend time with or have partial custody of their child. Before a child is moved more than 50 miles away from the principal residence, the parent who wishes to relocate with the child must file a petition that includes where the child will be moved and why a move is necessary, unless the other parent agrees to the move. All parties who have rights to the child may object to the petition in writing within 20 days of receiving it.
Family law in Florida is designed to keep both parents involved in the child's life even after they are divorced. Courts deciding child custody cases do not give preferential treatment to one spouse over the other based on the child's gender. Joint custody is preferred in most cases unless the court decides that spending time with one of the parents would hurt the child.
As many couples in Florida may know, there is a litany of issues to resolve when partners opt to dissolve their marriage. Some of these issues are vital, such as child custody, spousal support and property division, and the successful resolution of a divorce may hinge upon them. If any one of these issues is contested, the state recommends that couples engage in mediation.
In Florida child custody determinations, the court has discretion to act as it deems is in the child's best interests. To guide the court's decision is a multi-factor test with several areas for the judge to consider before setting a custody arrangement. Many of the factors examine the child's school and home history. Any incidents of domestic violence are reviewed. The level of involvement each parent has in the child's life is evaluated . As much as possible, and when favorable for the child, the court seeks to provide continuity in the child's life.