December 1, 2020
Divorce law is challenging to understand, and even more so for people in the middle of things. Everyone seems to have an opinion or experience you should learn from or know what you should do. In reality, all divorces are unique, and no two cases will have the same outcome, even if they have similar circumstances.
A judge or lawyer could rely on a previous case to guide their decisions, but each new case will have facts that distinguish it from others. If you are going through this life-changing process, here are a few misconceptions that you should get straight.
MYTH: You don’t always have to turn over your financial records
The Florida Family Law Rule of Procedure 12.285 states that parties in a dissolution of marriage must produce and exchange financial affidavits. The Rule enumerates the specific documents both parties must provide.
In some cases, both parties agree to all the terms and only need a judge to make them official. In this case, they can agree not to exchange affidavits anymore since they might feel like they are aware of each other’s financial status. However, this is extremely rare; in most situations, an exchange is warranted.
MYTH: Timesharing means an equal amount of hours with the children
Since each case is different, parties can agree on accomplishing timesharing according to their terms. In Northeast Florida’s judicial circuit, though, there are minimum guidelines for timesharing; usually, it is 60 percent for one parent and 40 percent for the other. However, there are 22 factors that the judge considers in determining timesharing; your divorce attorney can go over these with you.
MYTH: 50-50 timesharing means no one owes child support
Division of time is essential in the calculation of child support, but it is not the only factor. Both parties’ incomes, the number of overnights at each house, and who provides health insurance and pays for daycare or aftercare are all used to calculate child support. If one party pays a more significant share of the childrearing expenses, this will be a factor in financial support calculations.
MYTH: Older children get to decide where they want to live
No statute or rule states that a child can get to decide timesharing rules. A judge must decide he wants to hear the child testify, and they will take both age and the child’s maturity into account. Parents can decide that they want to use the child’s input in their parenting plans, but that is only one factor out of the 22 that a judge uses.
MYTH: Divorce lawyers are not a necessity
Although some divorces are indeed straightforward, and it is possible to get along with an ex-spouse, you cannot handle your divorce alone. When there are assets to divide and child custody to determine, issues inevitably come up. A divorce lawyer can keep you on track and help you get organized, especially when things become too overwhelming.
Conclusion
For many people, divorce can be challenging. They must juggle many things, from an intimidating court system to difficulties in adjusting to a new life situation. Before making big decisions that can impact your life, it is best to get advice from a specialist like a divorce attorney.
Get expert legal advice and representation at The Dorsey Law Firm. We have practiced family law in Jacksonville, Florida, for more than 35 years, and we bring our reputation and experience to all cases we handle. Contact us today for more information.
