Orlando Divorce Rights
Effective legal help to steer you in the right direction during divorce
When entering into a divorce action, your marital relationship legally changes. During this period of transition, it is important to understand the related laws and what your rights are. Your rights define what is legal and illegal for spouses to do. At Steve W. Marsee, P.A., we genuinely care about helping you achieve your divorce objectives and obtain a divorce that protects your children’s interests along with yours. Contact our experienced Orlando divorce attorney to go through your rights today.
Guarantees under the Bill of Rights and other divorce laws establish parameters that protect you in any legal proceeding, including divorce. Divorce rights that apply to both spouses include:
- Rights against your spouse dissipating marital property. Dissipation refers to a spouse’s concealing, transferring, wasting, depleting or destroying marital property with the intention of doing so for that spouse’s advantage and to the other spouse’s detriment.
- Rights against moving your minor children outside of the court’s jurisdiction to influence custody decisions. Florida courts determine jurisdiction for custody cases during or subsequent to divorce based on the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). A parent cannot move with a child and subsequently ― a number of days or a month later ― file for divorce in the new state. Courts base jurisdiction on the child’s home state (continuous residency for six months) or when there is no home state they base it on the state where the parent and child have significant connections. Florida law requires parents who want to move more than 50 miles away with the child for any period longer than 60 days to inform the other parent prior to moving. When you and the other parent agree to a move for a longer time period, the agreement must be in writing and approved by the court. Contested moves are subject to a hearing where the judge decides whether to allow the relocation or not.
- Rights against domestic violence. You can obtain an emergency protective order and/or a temporary restraining order, which are court orders that protect you against violence from your spouse. The court may allow you and your children to relocate to a safe place where you can be shielded from further violence. The spouse accused of domestic violence also has the right to prove innocence from a false order that potentially jeopardizes custody awards or would restrict visitation.
- Rights to temporary court orders. Your lawyer can petition the court on your behalf to obtain temporary orders that prohibit your spouse from incurring debt on credit accounts that are in your name alone. You can receive temporary orders for custody or visitation, child support and spousal support while the divorce proceedings are in progress.
Based on the details of your divorce situation, you can also ask your attorney whether there are any other specific rights you have under Florida or interstate jurisdictional laws. It is important to disclose all information related to your finances, living arrangements and children, so your attorney can advise you about relevant laws and how they apply to your rights.
Contact our attorneys about Orlando divorce rights
The law offices of Steve W. Marsee can help you protect your rights during divorce. Contact our Orlando divorce attorneys today for a consultation.