Law Offices Of Andrew Merlo, P.A.


(561) 893-9993

Law Offices Of Andrew Merlo, P.A.

Florida is considered a no-fault state, which means you do not need to have any specific reasons for seeking a divorce (such as adultery, abandonment or abuse). A person must simply testify that the marriage is “irretrievably broken”. Those are the words that the judge needs to hear. Bad behavior may be relevant if there’s a waste of marital assets. Otherwise, your judge probably doesn’t want to know the reasons you’re getting a divorce.

Is There A Mandatory Period of Separation Required Under Florida Law?

Some states require couples to be separated for months and months after filing for a divorce before granting the Final Judgment. Not Florida. Florida does not require you to wait or be separated for any period. There is only a 20-day waiting period from the day you’re served with the petition for dissolution. So, it’s like the due process requirements for the summons. By statute, the judge is not supposed to grant the final dissolution until after the 20 days expire.

What Are Some Reasons That People May Seek A Modification After A Divorce Has Been Finalized?

It is very common for divorced people to return to court. Over time you or your ex-spouse’s income can substantially change, which can dramatically affect child support and alimony. Timesharing schedules often must be adjusted to accommodate changing work schedules or school commitments.

After a divorce is finalized and the Final Judgment is signed, there are only two things you can do: enforce the existing court ruling or modify the current ruling. Enforcing the existing Final Judgment means asking for something that was already agreed or ordered by the judge, but your ex-spouse is not obeying. Modifying a Final Judgment means asking to change something that has already been agreed or ruled upon.

In Florida, there is no grace-period or limitation on modifying child support, meaning that you could get a divorce and a child support order established today. If you win the lottery tomorrow, then your spouse would be entitled to go back to court and seek modification of the existing court order.

To get the modification, the legal standard is a substantial, involuntary, permanent and unanticipated change in circumstances. Receiving a significant raise or losing a job altogether would meet the legal standard for modification. Modification is typically in regards to post final judgment rulings and is very common with alimony or financial awards for child support. Sometimes a time-sharing schedule or visitation schedule needs to be modified based on the change of the children’s schedules or the parties’ obligations.

For more information on Reason To File For Divorce In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (561) 893-9993 today.

Andrew Merlo, Esq.

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