The divorce process can be exhausting because it requires a lot of emotional considerations. Sadly, the decision to file for a divorce is just the beginning of the emotional journey. The process can be fairly easy or extremely difficult, depending on your knowledge before filing the divorce.
Divorce is stressful; losing parental rights can make it more challenging. Understandably, you might have many questions on your mind before finally filing for divorce. How do I start? Will I retain my parental rights? What happens to my child?
Having an uncontested divorce in Florida might not be as easy as you think, especially with parental rights and child custody. Any mistake on your part during the process can cost you and limit your parental rights.
Here are five major things to note before filing for divorce in Florida to ensure that your parental rights are intact after the process.
- Your Financial Situation Can Affect Child Custody
A child’s best interest is the primary consideration when determining custody. One of the significant factors to consider is the financial situation of both parents. Ensure you have detailed documentation of your assets, income, and tax returns. Establishing financial capability will boost your chances of retaining full parental rights and fair custody.
- Avoid Actions That Can Be Translated to Parental Alienation
Don’t make the mistake of trying to win your child’s emotions and turning them against your partner in the process. This act can be translated to “parental alienation” and cost you your child’s custody if your partner can prove it in court. Avoid any action that seems like emotional manipulation and can hurt your child’s relationship with your partner.
- Florida is A No-Fault Divorce State
Keep in mind that Florida is a no-divorce state. Consequently, you don’t have to prove that a party is responsible for the marriage not working out before securing a divorce. All you need to allege is the situation of irreconcilable differences. Desperate attempts to prove that your partner is guilty of the marriage woes might do more harm to your parental rights than good. Both parties agreeing to all the terms can lead to an uncontested divorce, which is relatively easier.
- Divorce is a No Jury Case
Understanding that divorce is a no Jury case might help you prepare better. All family law cases in Florida are bench cases and do not require a jury. The judge will decide the outcome and other terms even when the divorce is contested.
- Duration of Marriage and Residency are Crucial Factors
Duration of marriage and residency are crucial factors that influence divorce in Florida. You or your spouse must have lived in Florida for at least 6 months before you can file for a divorce in Florida courts. Also, the length of marriage is influential in determining custody, alimony, and other parental rights.
Conclusion
Protecting parental rights is usually one of the major goals of anyone filing for divorce. Although you can proceed with the divorce process independently, having an experienced family lawyer on your side will protect your best interest, including preserving your parental rights.
