Brandon Divorce Advice

Answers to common questions about divorce in Brandon and Tampa, FL

In providing Tampa-Brandon divorce help, we receive many questions from those entering or passing through the divorce process.  Here are brief answers to frequently asked questions. 

Since every divorce situation is unique, please contact our law firm at 813-418-7405 to arrange an appointment with our attorney if you are facing the difficult challenges of a divorce or need trusted legal advice concerning marital and family law matters.

What do I do if my spouse does not want a divorce but I do?

Florida law allows you to seek a divorce without spousal consent.  When there are minor children involved, and in certain other circumstances, the court often orders counseling or other reconciliatory actions when one spouse does not want the divorce.  But when you believe that the marriage is irretrievably broken, your divorce proceeds.

What if I want a divorce because of domestic violence?

As to domestic violence as grounds for divorce, this is not valid in Florida, where your primary grounds options are either irreconcilable differences or the mental incapacity of a spouse.  But protecting yourself and your children throughout the divorce is a separate matter.  Florida law firmly protects those who are being abused in a marital relationship.  When you come to us for representation, we vigorously represent your rights, which may include arranging for restraining orders or injunctions against an abusive spouse. 

Do you handle estate planning in conjunction with a divorce?

Frequently, yes.  When you are going through a major life change such as divorce, you need to update your estate plan.  Your objective is generally to ensure that your children are protected and that your soon-to-be-ex-spouse is not able to take control of your assets in the event that you remarry.  We help with such estate planning needs as:

As a father, can I file for sole custody of our children?

In Florida, joint custody is the most likely decision a judge will make—the divorcing couple will share in the responsibilities of raising the children.  The state's view is that sole custody awarded to one parent is rarely in the best interest of the children.  Fathers are rarely denied custody and rarely awarded sole custody in Brandon or Tampa, unless the judge believes it is detrimental to the child for the other spouse to participate in decisions concerning the child.

Can we change child support or visitation arrangements without the court getting involved?

No.  In Florida, all modifications to your original divorce decree, including modifying child support or visitation arrangements, must be made through the court.  We can help with official modifications, which will protect you better than an informal agreement made between you and your former spouse to stop support or alter visitation schedules.  To modify an existing court order due to changed circumstance, contact us.