The office receives many concerns and questions every day, either through our social media, our website, or by calling the office completely free. In today's blog we will be answering some of the most common doubts of all of you regarding family proceedings. The answers in this blog constitute the current law of the State of Florida, if you reside in another state, contact an attorney in your area.
Are Divorces Public Records?
Yes, divorces are public records, and anyone can access your file. Some aspects of divorces are kept private, such as the names of minor children, the parties' social security numbers, and bank account information. But the rest of the performances are in the public domain.
Are family courts open?
Yes, the family courts are open and working. Most of the procedures are being carried out via Zoom, but some proceedings may require your presence in person.
How do divorces affect a person's credit?
Unless you or your spouse stop making the payments corresponding to the credit cards, the mortgage, or any other loan that you have obtained during the marriage; filing for divorce does not affect your credit history.
When is the divorce final?
The divorce process concludes when the court signs the final decree of divorce. As long as the court does not issue the final judgment of divorce, you are still married.
Where can you file a divorce complaint?
The petition for divorce must be filed in the county where the parties reside, if one of the parties resides in a different county, in the county where the defendant resides.
Can I file for a divorce if both parties agree on everything?
Yes of course. This is known as a simplified divorce process and can be filed at any time as long as both parties are in agreement.
Who can claim the children when filing the tax return?
This is one of the issues that is discussed during the divorce process. Generally, if there is only one child, the parents alternate claiming it on tax returns each year. If there is more than one minor, they are divided between both parents, or it could alternate. There is no correct answer to this question, as each case is different, and parents can reach different agreements.
Who maintains custody of the children in a divorce proceeding?
This is another question that does not have a correct answer. The determination of the custody and care of the children will have different implications. The court will always choose to maintain shared custody and care, but if the parties agree to other type of arrangement, or if there are special circumstances to determine that the children should spend more time with one parent over the other, then that is the determination that the court will take.
Can divorce affect my immigration case?
If your immigration process is based on a family petition based on marriage, or if you are applying for citizenship because you are the spouse of an American citizen, getting divorced will affect your immigration case. Otherwise, filing for a divorce during one immigration proceeding will have no effect on the last one.
Can I change the lock on my house during the divorce?
The answer is no. This is self-help, and until the court makes a determination on the use of the marital home, you will not be able to prevent your spouse from using it.
Can I get a divorce without my spouse's consent?
This question is quite frequent, and the answer is yes. If you or your spouse believe that the marriage is irretrievably broken, the divorce process may be filed. The authorization of the other spouse is not required.
When can I get married after divorce?
As soon as there is a final divorce decree, you may be able to get married again.
Can I get a divorce if my spouse is out of the country?
The answer is yes. The process is a bit more complex, but if your spouse does not reside in the country, you could still get divorced.
Can I get a divorce if I don't know the whereabouts of my spouse?
The answer to this question is also yes. It is known as a default divorce. For more information visit our blog and our page on YouTube where we explain the subject in detail.
I hope the answers given in this blog have been helpful to you. If you have any other questions, or if you need us to evaluate your process for free, give us a call today. The first consultation is free. In Y. Morejon Attorney, P.A. your problem is our problem.