Answering Some of the Most Common Divorce Questions

Today we are taking the opportunity to address some of the questions we hear most frequently about divorce.  As a divorce involves every area of your life, it is only natural for there to be all kinds of questions about it.  We anticipate this being an ongoing series as there are plenty of questions to answer.  If you don’t find the answer to your specific question here, please click here to schedule a consultation with us today so that we can help.

Are divorce papers public?

Answer:  Usually yes.  While this can vary from state to state, Florida has a broad public records policy.  A divorce is a legal action which goes through the court system, which means anything filed in a divorce is public record unless some portion of a document is redacted (because it contains sensitive information) or if the matter is sealed by the court at its conclusion.  One of the many benefits of a collaborative divorce is the minimal number of legal filings required to obtain a divorce—typically even the settlement agreement is excluded from the court record.  If privacy is your primary concern, consider a collaborative divorce.

How long will a divorce take?

Answer:  This depends on many different factors.  A litigated divorce typically takes the longest because the adversarial process adds many steps to a divorce.  In a litigated divorce, communications often go through both attorneys, which can substantially increase the time it takes to resolve any issue.  For example, if Client A is having trouble with an issue related to soccer camp, he brings it up to his attorney, who then contacts Client B’s attorney to address the issue.  Client B’s attorney then contacts Client B to discuss it directly, before then reaching back out to Client A’s attorney to relay the gist of the conversation.  Client A’s attorney then contacts Client A to let them know the results of the communication attempts.  Between scheduling issues, missed phone calls, email delays, etc., it can take weeks to resolve an issue that would take Client A and Client B ten minutes to fix if they discussed it themselves.  As you can imagine, it is common for litigation divorces to have lots of random issues like this come up, all of which act to slow down the process.

Additionally, any time the court becomes involved in resolving a dispute, everyone is bound to that judge’s schedule.  If the judge doesn’t have time for a hearing for two months, which is not uncommon at all depending on the judge and the jurisdiction, then everything is slowed down and delayed.

All of this is to say that litigation divorces, depending on things like the number and complexity of issues, the attorneys involved, the court’s calendar, etc., can easily take well over a year to obtain a final judgment, so it is important that you plan accordingly, both financially and mentally.

A collaborative divorce, however, tends to move much faster than a litigated divorce.  Communications tend to be more efficient as everyone works toward a common goal, even if they are not always in agreement about how to get to that goal.  The Collaborative team meetings are agenda-driven and very focused.  As such, more can be accomplished with less time.  Finally, the faster clients are in obtaining the various financial documents needed to understand the family’s picture and build options, the faster the matter can be resolved.  When all is said and done, the vast majority of collaborative divorces resolve within a year of beginning, with many resolving in under six months.  If the time it takes to divorce is your top priority, then consider a collaborative divorce.

Can a divorce settlement be reopened?

Answer:  With a few exceptions, probably not.  Most divorces resolve with a Marital Settlement Agreement (“MSA”), not a trial.  The Agreement may be reached before attorneys are involved, at or after mediation, or even the night before a trial.  But the fact is most divorces end with an MSA that the couple agrees to, often reluctantly.  A settlement agreement is supposed to provide a family with finality and understanding when it comes to the terms of their divorce.

The two most common ways an MSA is reopened is to modify either child support, or alimony, or both.  Child support is always modifiable so long as the statutory requirements are met.  Alimony is modifiable under certain circumstances, so long as the right to modify it has not been waived in the MSA.

Otherwise, short of evidence of fraud, duress, or material misrepresentation of fact, reopening an MSA is going to be highly unlikely, if not impossible.  If you are unhappy with the terms of the MSA you signed, there is not much to be done about it.  This is why it is extremely important that you a) speak to an attorney before you sign an MSA, regardless of who drafted it; b) make sure you understand the specific terms and conditions of the MSA (if you have questions, the time to ask is before you sign it and your attorney should ensure that you understand what is being explained); and c) take the time to contemplate the MSA and make sure you are comfortable enough with it to sign it (don’t rush on anyone else’s behalf—this is your life and your future).

 

Divorces are full of nuances and complicated decisions.  This is why it is important that you speak to an attorney who will help you understand the law and your options, not someone who will simply quote a statute at you and expect you to fully understand something attorneys go to law school to be able to grasp.  At Artemis Family Law Group, we pride ourselves on making the law as accessible to clients as possible.  If you don’t understand something, then our job is not finished.  Please click here to schedule a consultation at your convenience.

The Importance of Communication in Family Law Cases: Strengthening Your Relationships Amidst Legal Challenges

Divorce and family law cases can be emotionally challenging, putting tremendous strain on relationships with loved ones. As a collaborative family law firm dedicated to supporting families in Central Florida, we understand the significance of effective communication during these trying times. In this blog post, we delve into the importance of communication in family law cases and offer practical strategies to maintain healthier relationships with your family while navigating the legal process.

The Power of Open Communication

When facing family law matters, open and honest communication is the cornerstone of resolving conflicts amicably. Transparent communication can foster understanding, empathy, and cooperation, which are vital elements for reaching mutually beneficial agreements. We encourage our clients to express their thoughts and emotions openly, as bottling up feelings can lead to unnecessary tension and misunderstandings.

Emotions and Family Law

Family law cases often evoke intense emotions, ranging from sadness and anger to fear and confusion. These feelings can cloud judgment and escalate conflicts, making it challenging to find common ground. By acknowledging these emotions and communicating them to your family and legal team, you open the door to greater empathy and support.

We are here to provide a compassionate ear and guide you through the legal process, ensuring your voice is heard and your feelings are respected. Our goal is to help you approach family law matters with a clear and focused mind, enabling you to make well-informed decisions for your future.

Putting Children’s Best Interests First

For couples with children, prioritizing their well-being is paramount. A child’s emotional and psychological development can be significantly impacted by the divorce process. Maintaining open lines of communication with your co-parent can help create a stable and nurturing environment for your children.

We encourage parents to engage in frequent and constructive dialogue about their children’s needs and preferences. By demonstrating unity and cooperation, you can assure your children that they are loved and supported, even during difficult times.

Tips for Effective Communication

1. Active Listening: One of the most valuable communication skills is active listening. Give your full attention when your family members or legal team are speaking, and avoid interrupting. This fosters mutual respect and understanding.

2. Choose the Right Time and Place: When discussing sensitive matters with your family or co-parent, choose a calm and private setting where you can communicate without distractions.

3. Use “I” Statements: When expressing your feelings or concerns, use “I” statements to avoid sounding accusatory. For example, “I feel hurt when…” instead of “You always…”

4. Stay Focused on the Present and Future: While it’s natural to discuss past grievances during emotional conversations, try to stay focused on the present and future. This approach promotes problem-solving rather than dwelling on past mistakes.

5. Seek Professional Support: If communication becomes too challenging, consider seeking support from a therapist or counselor who specializes in family dynamics. A neutral third party can facilitate conversations and help navigate difficult emotions.

6. Embrace Technology: Utilize technology to stay connected with your family and co-parent, especially if distance is a factor. Video calls or messaging platforms can bridge the gap and facilitate regular communication.

Conclusion

At Artemis Family Law Group, we understand that effective communication is the key to preserving the strength and harmony of your family during challenging legal processes. By fostering open dialogue and empathy, you can navigate family law cases with a more positive and cooperative approach.

Our warm and professional team is dedicated to supporting you through every step of your journey, providing the guidance you need to make informed decisions that serve your family’s best interests. Remember, you are not alone – we are here to help you find resolutions that honor your values and create a brighter future for you and your loved ones.

Reach out to Artemis Family Law Group today to learn more about our collaborative approach to family law and how we can assist you in this important chapter of your life. Together, let’s strengthen your relationships and build a foundation for a thriving future.