This is the next article in my series on the handling of divorce cases in our state which involve children. My last article discussed what Melbourne, Florida parents should expect after their divorce is completed. It is important to understand that if one of the former spouses regularly violates the Court’s custody orders then the Judge may very well modify custody in favor of the other parent. The best way to guard against such a possibility is to follow the Court’s orders to the letter. In this article I will be discussing what parents should expect at the initial hearing in their divorce case. If you are in need of assistance then contact my office today to speak with a lawyer.
Florida Courts will often issue a preliminary order which parents must follow
A common hearing at the initial stage of a Florida divorce is one at which the Court will issue what is known as a preliminary or “temporary” order. This order will dictate how several issues will be handled while the case is proceeding. These issues include an arrangement for child custody, child support, alimony, who will possess the marital residence, and more. Having these orders in place will give the spouses a set structure to follow so that disagreements are reduced. While these orders are “temporary,” the Court will expect them to be followed. Failure to follow them will have multiple consequences. First, a violation of a temporary order can result in the Judge modifying the temporary arrangement in favor of the other parent. Second, a violation will not reflect well on the parent at trial.
The initial hearing for a temporary order is not a trial. Contrary to what many expect, this hearing is typically somewhat brief and only involves back and forth oral arguments between the respective attorneys. These hearings do not involve testimony. After the hearing, two things will often happen. First, each side will begin the process of “discovery.” This is how information is obtained from the other side for the purposes of litigation. Second, the parties will often attend a mediation and the attorneys for each side will also stay in contact for the purposes of discussing settlement. If a settlement cannot be reached, then each side will continue to prepare for trial.
It is important that one stay in contact with their attorney while the divorce is proceeding
It is highly important that you stay in contact with your attorney while your case is working its way through the system. In a contentious matter, spouses often continue to argue with one another and a host of problems can be created as a result. Keeping your attorney informed of any disagreements, and going through counsel as opposed to dealing directly with your soon to be ex, is often one of the best ways to prevent such conflict. This can help to avoid situations which may result in having to go back to Court unnecessarily. While how to best proceed in any case will always depend on the specifics of the matter, keeping your attorney “in the loop” is one of the best ways to prevent against difficulties.
I am a Melbourne divorce lawyer who is able to assist with all aspects of a case. This includes any issues related to child custody. If you are in need of assistance then contact my office online or by telephone today to schedule an initial consultation. I look forward to speaking with you. We also serve those in the areas of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.