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Common Issues in a Divorce Case


Your best hope is that you and your spouse can reach an agreement on the terms of your divorce and avoid a costly and potentially bitter court case. The main issues in a divorce case usually revolve around custody and financial matters.

In a custody case, you could disagree about the following:

  • Which parent will have physical custody of the children
  • Who makes key decisions for the children
  • The visitation schedule for the parent who does not have physical custody
  • How much child support the noncustodial parent must pay
  • How the children will be raised (decisions about religion and education)

Financially, the spouses will disagree about the division of the marital assets. In Florida, the court uses principles of equitable distribution, trying to split the assets in a fair manner. Fair does not necessarily mean 50-50. One spouse may have earned more of the money, but the other spouse does not have the same earnings power.

Financial matters will always be prominent in any divorce, but they are even more important when the divorcing couple has more money and is closer to retirement. You must obtain a divorce settlement that is right for you because you cannot go back and do everything again if you do not agree to a fair settlement. Although most cases will eventually reach a settlement, you may need to go in front of a judge at a divorce hearing if you cannot reach an agreement.

Call a St. Augustine Divorce Attorney

In any divorce, you need legal help to take the pressure off you and to protect your legal rights. You can reach us online or by phone at 904.657.7117.