During a divorce, the least a mother wants is her children to suffer from her decision. The perspective of suddenly becoming a single mom may also be frightening. So as standing against her husband in the court – especially, if he’s more knowledgeable and resourceful. 

To give a helping hand to the Florida divorcees, we’ve developed these 10 divorce tips for moms. Here we discuss what you should expect from the divorce process as a mother. Make sure your study our tips for getting a divorce in Florida before filing a petition with the court. 

Get Prepared in Advance

Many think that a divorce process starts with the petition. However, good preparation is a guarantee of a successful divorce outcome. And that’s where you must start as a mom.

Begin with making up a divorce checklist for mothers.  In addition to regular questions, you should give answers to (such as type of divorce process, legal assistance, required papers, talking property issues with your spouse, etc.), learn as much as you can about the peculiarities of divorcing with kids in Florida. (A hint: you can find answers in this article.) This will largely define your strategy and behavior during divorce.

Try to Talk your Husband into an Uncontested Divorce

In Florida, an uncontested divorce procedure is nearly the easiest divorce you can have.  It’s faster and cheaper than contested trials. It can also protect your children from unnecessary stress if you choose to solve your issues peacefully. An uncontested procedure also allows you to get a Florida online divorce. This means that you can spend more time with your kids rather than solving bureaucratic issues in the building of the court.  

To have an uncontested divorce, both parties should come to an agreement as to all issues arising in divorce, including child custody, support, and visitation rights. In Florida, the judge is likely to approve the terms of your parental plan unless it violates the law. 

Don’t Think You’ll Get Child Custody Because of the Mom Title

If you chose to go to court, the judge will decide who gets the children. When it comes to child custody and visitation rights, a parent’s gender isn’t considered in Florida. In other words, being a mother isn’t a sufficient argument to receive the kids automatically. A judge will only act in the best interests of the children. 

Be Ready to Share Responsibility for Your Kids

According to Florida law, divorced parents must take shared parental responsibility for their kids. In other words, even if children live with only one parent, the decisions concerning important areas of their life should take both spouses together. This includes education, health, behavior, and religion. Most likely, the court will also insist on an equal custody time-sharing schedule, unless the other party poses a threat to the kids. This means that as an ex-wife you can feel resentment, but as a parent, you’ll have to learn to cooperate with your ex-spouse.

Shield Children from the Stress

Another divorce tip for moms is: Protect your children from the burden of divorce. It can increase your chances of getting custody. The State of Florida obliges every divorcing parent with kids to take a Parent Education and Family Stabilization Class. The class teaches parents how to shield their kids from the stress of divorce and must be completed by each parent individually. Even if you are deeply offended by your spouse, try to follow course recommendations diligently. The court will be considering this too. 

Consider Guardian Ad Litem 

When deciding what’s in the best interests of the child, the court takes into account many criteria. They include the financial abilities of both parents, a child’s personal preferences, the willingness of both parents to take an active part in the child’s life, etc. 

Sometimes, the court may assign a third person – Guardian Ad Litem – to discover the situation and find out what the best interests of a child are. GAL won’t act to the benefit of either parent or any other third party, but only of the child. As a parent, you have the right to file a request for a GAL appointment, too. 

You Can Have a Lawyer Even If You Can’t Afford One

Getting a lawyer is an expensive luxury but you can hire one even if your income is too low. To go on with, you can ask for a free representative from Legal Aid. However, if your spouse’s income is considerably higher than yours, the court may oblige him to pay your legal fees as well. Even if you can’t pay a lawyer, they may be happy to take your case if there’s a good chance to make your husband cover the fees.

Not All Records Can Be Evidence

Threats and abusive attitude may take place in marriage but you shouldn’t think that a record of such conversation may be your winning ticket. In Florida, illegally obtained records can’t be considered evidence. This includes any records made by wire, radio, or other electronic devices without the spouse’s consent. If you think that a recorded fight between you two can prove that your husband is a bad parent, most likely it won’t be even considered.

You Can Divorce Sooner if You Are Abused

In Florida, domestic violence cases have the priority, so if your spouse is an abuser, your divorce can be finalized sooner. Especially, it concerns cases with minor children involved. But if you feel unsafe in your own home, call the police to get protection and get a restraining order. Once it’s issued, the court will order your husband to leave the house. 

If You Can’t Find Your Spouse, You Can Still Get Divorced

If your spouse has gone missing, you can still have a divorce even with minor children involved. The divorce by publication procedure can dissolve your marriage. However, you should be ready that the court won’t decide upon child custody or alimony issues without the other spouse’s presence. 

SHARE THIS POST

Comments