Divorcing in Florida, H Kyle Fletcher, Central Florida Divorce Attorney
Filing for a divorce in Florida does not require you to show cause. Florida Law permits the cause for divorce action to be filed as “Irretrievably Broken,” which does not require both parties agree to the dissolution. For some couples, who have no children or no significant assets and have been married for a short duration, this process can be fairly simple. However, for couples with children and assets such as a home, retirement plans, 401K plans and other investments, divorce can become a complicated process; even when the couple desires to be divorced and have agreed upon the division of property and shared custody of the children.
For better or worse, Florida lawyers have influenced how the laws governing divorce are written, resulting, unfortunately, in complicated laws and mandates, which make it almost impossible for a quick and amicable resolution in most divorce cases. Divorce Attorney H. Kyle Fletcher has represented a multitude of people throughout Central Florida in their dissolution of marriage or paternity suit. Except in cases where one of the parents has proven himself or herself to be grossly negligent or a direct danger to the child, the State of Florida believes a child’s best interest are served when both parents have the ability to be involved in the child’s life.
Because the Florida courts no longer consider either parent to be innately superior to the other, family attorneys in Florida prefer the term “Time-Sharing Plan” in lieu of “Child Custody Agreement.” The concept, however, is more or less identical. The time-sharing plan is a schedule of hours the child or children spend with each parent, including where they will spend the night during visits. The time-sharing plans can also outline the details of where and when the children will be transferred, which is particularly beneficial in contentious relationships.
In addition to a time-sharing agreement, a comprehensive parenting plan should have provisions for making decisions with regard to education, healthcare and religion. Whether you are divorcing parents or have a child in common with someone to whom you were not married, having a formal parenting plan, submitted through the courts, is beneficial to both parents in that it provides a framework to act around, and a means for legal recourse in the event the other parent fails to live up to the terms of the agreement. Parenting plans can be modified if circumstances change. Attorney Fletcher can help you draft a parenting plan that is both legally binding and acceptable to all parties, including the Florida courts.
Work With a Proven Modifications Lawyer
In addition to representation for divorce, Attorney Fletcher represents those who are seeking to modify their legal agreements, such as a divorce settlement or a custody arrangement. At the Fletcher Law Firm, we work with clients on a variety of modifications, those involving formerly married couples and those whose agreements exist entirely outside of marriage.
No one can predict the future and a child custody arrangement or support agreement that once made sense may no longer be viable. There are a few reasons why the family court judges in places like Orlando, Seminole or Osceola County grant modifications. The most common of these is a substantial change in the income of either party. If the party who is receiving child support or alimony has a significant increase in his or her income, the courts are likely to agree that he or she is not as dependent on the support as once was the case. Conversely, if the supporting party loses his or her job, or suffers a lapse in health that reduces his or her income, the courts may agree that it is unfair to burden him or her with higher support payments. In most cases, the remarriage of a spouse, who has been receiving alimony, usually terminates the obligation.
It is also possible that the state may file for a change of arrangements in child support cases where the primary custodian is receiving government or state benefits. Even if you have an arrangement with the other parent, the state can pursue litigation to recover compensation for benefits independent of any agreement you may have.
Relocating Children Away From Central Florida or their Area of Residence
If you are seeking to relocate your children away from their other parent, unless both parents agree to the move, you are going to require an attorney, who can demonstrate the benefits to your children will outweigh the mutual loss that is experienced when contact with the other parent decreases. Some of the factors the courts will examine for parental relocation requests include:
- Reason for the move (for example, better job, better schools, etc…
- How currently active the other parent is in the child’s life
- Development of a travel plan for the absentee parent
- Whether the absentee parent has the means and ability to travel
- The opinion of the children–if they are old enough
- The change in the geographic distance
Whether you are seeking a modification to a parenting plan, child or spousal support or a geographic location, the Fletcher Law Firm represents clients across a wide range of family law and divorce matters throughout Orlando and across Central Florida. We help clients seeking modifications involving:
- Child Support
- Failure to Pay Support
- Spousal Support / Alimony
To learn more about our services, our proven record and our ability to provide effective counsel and representation call the Fletcher Law Firm, at 407.971.4727 or contact us online to schedule a No Charge Consultation.