The decision to Divorce often comes with several emotions. When meeting with a Central Florida Family Law Attorney, a potential Client might feel overwhelmed. During the intake process, unfamiliar phrases or legal terms could be brought up.
Below is a list of seven common terms or phrases that relate to the Family Law process.
Answer: For Spouses who did not file an initial Divorce petition, an Answer is a formal response in writing. Respondents use their Answer to specify if they agree or disagree with the details in the original Divorce filing/petition.
Timesharing: Commonly referred to as Child Custody, Timesharing, relates to the number of overnights minor children have with each parent as well as decision making authority.
Equitable Distribution: Relating to the division of property and debts between both parties, Florida is an Equitable Distribution state. The Court will strive for fairness based on certain factors, such as the needs of any minor children, the length of the marriage, etc. Your Family Law Attorney should take initiative and advocate for you in making sure that any necessary valuations take place in order to maintain fairness.
Marital Settlement Agreement: This document is legally binding and outlines any terms related to a Divorce such as Child Support and Alimony. The overall purpose of a MSA is to allow both Spouses the opportunity to contribute to the decision-making process, rather than relying on a Judge. If necessary, a Marital Settlement Agreement can be modified in specific circumstances. An example includes job loss for one or both parties. Our experienced Family Law Attorneys can help with your Modification.
Financial Affidavit: At The Marks Law Firm, our Team believes that Financial Affidavit is the most important financial document in a Divorce case. It provides income information for both parties, as well as expenses, assets and liabilities. Family Law Attorneys use it to determine Alimony, Child Support, and Equitable Distribution.
Parenting Plan: This document outlines specific Timesharing schedules for any minor children involved as well as detailed information regarding decision making/parental responsibilities. Key examples include daily routines, healthcare, education, extra curricular activities, religious/spiritual upbringing, and transportation. The Parenting Plan is to be followed when navigating conflict resolution and necessary communication procedures between both parents. When drafting this document, we encourage our Clients to consider what is the best interest of the minor children.
Final Judgment: While officially called the Final Judgment of Dissolution of Marriage, this is a Court order that legally terminates the marital union. Once a Judge reviews and approves the settlement agreement, a Final Judgment is entered. Some would consider this the final decision/outcome regarding the Divorce. Those who are dissatisfied with the Final Judgment have an opportunity to appeal its entry within 30 days. Copies of this document can be obtained from the clerk of court.
Is there any other Divorce/Family Law language you are unsure about? Contact our office for further clarification.