children and divorce

Children and Divorce: How to help your child deal with divorce

children and divorce

If you are like most parents about to get a divorce, you probably want to know how to help your child deal with divorce before you begin the process of divorce.

It’s normal for any child going through a divorce to experience some emotional pain.  These can include feelings of loss, sadness, frustration and possibly abandonment or rejection. As a parent, there are steps you can take to help your child through this difficult time in their life. There are steps you can take to protect them as much as possible from the divorce process itself, as well as the changes that will occur, both now and in the future.

Your initiative can help your children get through the divorce with as little difficulty as possible. Although both parents working together on this goal can make it even easier for the children, there is plenty you can do on your own.

Show Them the Love

Children in a divorce need even more love from parents than they did prior to the divorce. This means frequently telling your children that you love them, think of them often, and will always be there for them. It also means spending some extra one-on-one time with your kids and encouraging them to talk about their concerns or fears if you notice that they seem preoccupied or sad.

Support Them and Make Them Feel Secure

In addition to feeling loved, kids need to feel that they are supported, secure and safe during the divorce.

Often children feel very insecure about their relationship with one or both of the parents.  They may feel that the parent that moves out of the house has rejected them.  If possible, engage the other parent in having a sit-down with you and the children to explain that both parents will still be very involved in their lives.

Talk to the children about the divorce—not the details of your relationship breakup, but about divorce in very general terms.  Children do not need a blow-by-blow of who did what to “cause” the breakup.

It is important to show children your support and commitment to them by being there, and following through on any plans or events you have made with them.

Children may also sense when there are financial worries, especially if money is an issue in the divorce or in the disagreements leading up to the divorce. Assure your children that you have this under control. Children should not feel concern over financial affairs; they need to know that Mom and Dad have this handled.

Avoid Exposing Them to Conflict

Kids should never be exposed to fighting, negative comments about the other parent, or conflict between parents. They need to see that you and the other parent still can work together to be good parents.

High-conflict situations need special attention if you are to make your child feel more secure.  If you have a high-conflict situation, try exchanging the children at a neutral spot like a supermarket or store parking lot, or at a fire station.  It is critical that children not be exposed to the stress and anxiety of parental conflict.

Engage Extended Family

You should take steps to engage your extended families to make sure that they are following the same expectations for providing love, support, and only positive comments. Make sure your extended family understands that it is not ok to speak negatively about the other parent.

If your child feels comfortable talking to other family members about the divorce, you can encourage them to do so.

Set Routines and Schedules

From the beginning, or as soon as possible, set a schedule for children to spend time with both parents. Sticking to the schedule as much as possible allows the children to plan for times with both parents, and to feel a part of both parents’ lives.

Be Consistent

Try to set similar expectations for chores, discipline and daily routines in both Mom’s house and Dad’s house. This is particularly important if you have younger children, as they will adjust to spending time in both homes much quicker if they are consistent.

In addition, being consistent generally provides support for all the other steps you take to make the experience less jarring for the child, helping them feel secure in their day-to-day life.

The above steps provide you a starting point for you to help your child as the divorce unfolds.  You can look for additional help online and through child therapists for children who may need additional help in dealing with the changes brought about by a divorce.  Being alert or sensitive to your child’s emotional state can allow you to help them sooner.

If You Can, Try to do an Uncontested Divorce

lastly, the form of divorce process you choose can go a long way to helping your children. A divorce with litigation usually create acrimony between the parties, which can be senses by the children. To the extent that you and your spouse make an effort to do an amicable, or uncontested divorce, your children will benefit greatly from the minimal conflict of uncontested divorces.

Miami Divorce Court Covid-19 Building Reopening

Miami Divorce Court News

The Miami Divorce Court has reopened to the public.  This does not mean, however, that things are running the same way as they were prior to mid-March 2020, when the court buildings were closed.

UPDATE: 9/3/2021 – Due to the recent surge in virus infection, trials and in-person hearings are temporarily suspended through 9/17/2021. For more information see this page at the Eleventh Judicial Circuit.

In the Miami Family Court, some hearings will continue to be virtual hearings only. Some cases will have no hearing at all.  In addition, there are guidelines in place to allow parties in individual cases to agree to have virtual hearings in matters that can now resume as in-person hearings.

Miami Divorce Court Hearings

For uncontested cases like an uncontested divorce or an uncontested paternity, the entire case will be electronic and is resolved administratively.  This means that if your case is uncontested, you will not be attending any virtual or in-person hearing.  The process is electronic from the beginning until the judge enters the final judgment of dissolution or final judgment of paternity.

The process described above is all about is just that: processing of cases.  If you are getting divorced, you still have to satisfy the legal requirements for a divorce. If, on the other hand, your case is about paternity, you still have legal requirements to file a paternity case.

Motion calendar is an example of hearings that will continue virtually.  In motion calendar, judges hear motions in individual cases that only require legal argument, no evidence is required.  Usually, only litigated cases have motion calendars .

Trials and evidentiary hearings longer than thirty minutes are those hearings which can be held in either person or virtually if agreed to by everyone.

Covid-19 Safety in Miami’s Divorce Court

You are not required to wear masks for in-court appearances.   You still can wear a mask if you choose to, of course.  If you want to wear a mask but do not take one, they will provide you one.

As of July 28, 2021, masks are once again mandatory at Courthouses in Miami-Dade County, Florida.

Physical distancing is not required.  If you will require physical distancing, the judge in your case will address this issue at the time. 

You can download a pdf of the Court’s Covid-19 Administrative Order for in-person guidance from this link.

If you are a person with a disability who needs assistance to attend a hearing virtually, the Court provides certain assistance at no cost to you under the American with Disabilities Act.  

You can get updated information about Covid-19 and ADA measures on the Court Covid-19 update page.

If you have an open case in the Miami-Dade County courts, it is a good idea to monitor the Court’s Covid-19 page for changes until your case is completed.

More information:

Thanksgiving 2020 – A unique celebration for an extraordinary year

Thanksgiving

Each year around this time, we seek to express our gratitude for the blessings we may count as ours.  But this year, Thanksgiving seems to me to be especially important.

As a celebration of our blessings, Thanksgiving also carries an inherent sense of hope, not just gratitude.  Being grateful for our current circumstances, including most certainly family and friends who contribute meaning to our lives, we also celebrate hope—hope that life will not only continue to bless us with what we have, but also bring us better days.

I don’t know anyone who has not been touched by the current pandemic, whether themselves, their families or their friends.  Each of us knows someone, or knows of someone, within our circle who have lost a family member recently because of the virus.  Because this virus is unpredictable in how it manifests itself, we are all being asked to limit our celebrations to our immediate family with whom we have implemented some sort of bubble.  

Perhaps more than any other year, this celebration can certainly have more meaning.  Some of us may still be dealing with the loss of family or close friends.  But we can still be thankful for having had that family member or friend in our lives as we celebrate with, and are grateful for, those that are still here.

Whatever our circumstances, we can create a new tradition as we celebrate in a safe manner with the hope that we may celebrate with abandon next year.

Personally, I am grateful for not just my family and friends, but for the opportunity to meet new people every day through my work.

I wish you and your family a wonderful Thanksgiving Day celebration.

CDC Guidelines for a safe Thanksgiving Celebration

Some Good Things Coming Out of Covid-19 & Update on Divorce Court Proceedings

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While most of what we are seeing in the news is about the negative impact of Covid-19 on our daily lives, there are areas that are also improving.  This is fortunate for us because it provides us a safe harbor to bring a certain normalcy back into our lives, however each of us defines that. It also shows us there is a lot we can still control.

Strengthen/Maintain Family & Friendship Ties

Many of us understand at a deep level the importance of maintaining our family ties.  But we also know that demands on our time from work, children’s extracurricular activities, and an assortment of interesting activities or opportunities can sometimes make it difficult to deepen those ties.  One thing is to absentmindedly interact with our families as we rush in from work, hurrying to make the family dinner or help a child with their schoolwork. Quite another is to be already home, if you are fortunate to work from home; or to have the children already home, if you don’t.  Both situations afford us the opportunity to slow down, as there are no other activities available to rush to next at the end of your day..

Personally, I’m enjoying more time with my brother and his family who live further away from me.  Because my elderly parents and I fall into an at-risk category, we have been able to have regular family events, which include my brother and his family.  We all limit where we go and with whom we come into contact outside this group, and always wear masks.

Finding new ways to spend this family time together or rediscovering old ones can also lead us to getting even closer to our family, beyond the routine things we used to do together.  We can resurrect old games like doing puzzles together, sharing simple cooking tasks with our children; and (at least in Florida, every day), the old past time of I Spy in the Sky (cloud gazing).  None of these activities involves fancy gadgets or spending money, but they go a long way in sharing time together in a different way.  My favorite pastime at the moment is puzzles, the more pieces the better.

Maintaining friendships may be a little harder while maintaining social distance.  But here too there are opportunities: longer phone calls or video calls (Zoom, Facetime, WhatsApp, etc); maybe a socially-distanced walk at a park or backyard picnic if you know your friends are also taking care to be safe on their own.

Opportunities to Slow Down

According to this USA Today article, FOMO, or the fear of missing out, is still out there, but in a quarantine version and easily triggered by social media.  An expert quoted in the article talks about FOMO for what 2020 could have meant for us if there had been no virus.  I’m not a fan of crying over spilled milk so I’m not likely to entertain FOMO as to all the traveling I will not be doing next year—there’s always the possibility of taking road trips here at home.

We obviously can control how much digital media we consume that doesn’t help us have an IRL (in real life) experience that is not particularly  meaningful to us.  And IRL is all that counts.  

Now we can get a new hobby or re-discover an old one, dedicate time to things we may have been interested in before, like cooking, gardening, birdwatching, reading more books (digital or real books).  I’m currently into small DIY home improvements, but running out of opportunities—there’s only so much painting and what-not that I can do without it just being busywork.

We can pick an activity and incorporate it into our new routine, especially if you can do it outside.  Research shows that spending time outside is good for us in terms of our health and psychological well-being.  According to the study, as little as 120 minutes spread out over a week provides benefit, so there is no need to become a weekend warrior when you can spread it over a week.

There’s always more sleep!  We certainly can sneak in some naps or late rising in there.

These two areas provide us a lot of room to feel safe and gain a measure of control of our daily lives, while at the same time giving us the opportunity to bring enjoyment as we go along.

Update on Divorce Court Proceedings

Those of us who practice family and attend some judicial panels are learning that we will probably not be back in person in court for the remainder of the year.  The court buildings will remain closed.

Even after that, there are some new procedures that will remain electronic.  It doesn’t see  as if uncontested divorces will be going back to in-person hearings.  Instead they will continue to be purely electronic documents, with no hearing on the web.

Motion calendars, which are events for 5-minute legal arguments in cases, will probably continue as zoom hearings for judges who elect to do it this way.

I’m finding out that clients who want an uncontested divorce without having to go to court are enjoying how fast the process is without having to drive to court, or deal with technology with which they are not familiar.

For free, downloadable resources about divorce, paternity and domestic violence, visit the free family download page (no email required, just click and get a pdf)

Covid-19 divorce

How Covid-19 is Changing How Family Court Works

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Since the pandemic shutdown in early March, the Florida Judicial System has been able to transition in such a way that cases continue to progress through the system in (mostly) an orderly manner. As part of the Florida Judicial System, the Miami Family Court is closed for most civil hearings, like divorce, paternity and non-criminal domestic violence cases. 

Instead, hearings on cases take place using video over the internet.  The most important benefit of using this electronic system is, of course, safety for you, judges, attorneys, court staff and clerks, and all those you would encounter on your way to a hearing in court.  Secondary but huge benefits include saving time in traveling to court as well as not having to take off from work to attend hearings.

Getting a Divorce

If you are considering getting a divorce, you still have the option of doing so in either a contested or an uncontested divorce.  You benefit the most from the new technology if you and your spouse are able to agree to get an uncontested divorce.  In this instance, you will not need to attend hearings either in person or electronically because you essentially are getting your divorce online, from beginning to end.

If you and your spouse are unable to agree so that your divorce is uncontested, then your divorce will still take place as a contested divorce using video hearings.  You will still have to face the longer time frame of contested divorces, and the same expenses such a court reporters, translators (if necessary), etc.

Establishing Paternity

Just like a divorce, paternity cases can be done in an uncontested or contested manner.  Uncontested paternity cases in Miami are done in the same manner as the uncontested divorces.  Similarly, if your paternity case is contested, you face the same issues as if you were getting a contested divorce.

Family Court Services

Our Family Division has a great unit that provide support in family and paternity cases, Family Court Services.  Judges refer divorce cases with children and paternity cases to Family Court Services when the parties and their children need additional services that will support the wellbeing of the family and the resolution of the case. 

Services provided through Family Court Services include crisis assistance, co-parenting, parenting coordination, resolution of time-sharing issues or schedules, referrals for family counseling, individual counseling for children or for children with their parents, supervised visitation and many more.  Many if not all of these services are already being provided through video or telephonic conferences.

Mediation in Family Cases

The In-House Mediation Unit in Miami-Dade County has a designated section for mediating Family Cases.  If your case is going to trial, whether a divorce trial or a paternity trial, you will be required to mediate before the trial.

Perhaps mediation was one of the first proceedings to transition to video. My first video mediation was on March 20, 2020; it was effective and efficient.

In Miami-Dade, mediation in the In-House Unit have been taking place since almost the start of court closure, back on March 16, 2020.  Private mediators seamlessly transitioned into video mediation.

Keeping Up On Covid-19 Measures for Court

You can keep track of Covid-19 related orders and announcements for the Eleventh Judicial Circuit on their Court Covid-19 page.

For questions about divorce, paternity or any other family issue, feel free to contact me at 305-710-9419 or via email.

You can also visit Getting Your Divorce Done Completely Online if your divorce is uncontested.  If your divorce or paternity case seems to be contested or if you have any questions, you can request a case assessment session.

Timesharing and parental responsibility during COVID-19

COVID-19, interfering with parenting time, parental responsibility in florida, timesharing in florida

As you try to keep your children safe during the pandemic emergency, courts are mindful that you may need guidance in terms of your current timesharing arrangement in Florida.

State and county governments have issued orders for residents to remain at home.  Some may call these orders stay-at-home orders; other have shelter-in-place orders.  The Miami family court has issued an amended Order with information that you, as a parent, should carefully review if you have a final judgment, temporary order, settlement timesharing agreement or any other order of the Court awarding parental responsibility or timesharing.

The Order has provisions that can help parents in complying with current orders in their cases as well as to ensure that children continue to have contact with both parents.  While most parents are mindful that their children benefit from contact with both parents, especially during these scary times, some parents regrettably try interfering with parenting time using this COVID-19 emergency as an excuse for the interference.

Download a copy of the order directly from the Miami Family Court website if you have any questions regarding what to do.

As a parent, you face many challenges as you try to keep your children safe during these times.  Keeping a child safe right now also involves their mental health as well as their physical health; and this can be made easier on you by encouraging the child in contact with the other parent.  The bonds between a child and each parent is unique, and contact can go a long way to provide children with a sense of safety and well-being.

Related:

Florida Child Custody

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Miami Divorce Courts During COVID-19

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For updates visit Services and Court Status

As we all take care of ourselves and each other, Courts throughout the State prepare to continue serving the public in a way that is as safe as possible while doing their part to contain the spread of COVID-19.

Effective March 17, 2020, the Miami-Dade courts, including the Courthouse Center which is our family court, will be closed from March 17th through March 27, 2020 for all hearings except those deemed critical. This period of closure may be extended.

Critical cases include the following:

  • Bond hearing
  • Arraignment hearings where the defendant is in custody and there is no written plead; however, the defendant will not need to be present.
  • Hearings for Baker Act and Marchman Act (substance abuse)
  • Hearings for juvenile shelter and detention
  • Filing emergency petitions for temporary injunctions, including domestic violence, dating, stalking, repeat and sexual violence and for risk protection orders
  • Emergency hearing set by the presiding judge
  • Everything else that is already set for hearing will be continued to a later date.  If you have a hearing set during that time frame, check with your attorney.

Source: COVID-19 Advisory ##6, 8

Find more information specific to Florida and COVID-19 news visit FloridaHealth.gov.

children

Mental Health Tips to Help Your Family Deal with COVID-19 Worries

mental health, relationships

By now, we should be well aware of the precautions to minimize the spread of COVID-19.  We should also take steps to safeguard our mental health, including the mental health of children, who may only be aware of bits and pieces of the total story.

The best source for any reliable news are health organizations, not just for our physical health but also our mental health.

The CDC has a page dedicate to mental health and coping related to the virus.  It includes information for supporting yourself as well as for you to help your children.

Taking Care of Yourself

Not surprisingly, the CDC’s top tip for safeguarding your mental health is to limit your exposure to media coverage of the virus.  In journalism circles, the cliché about “if it bleeds, it leads” is true: the media will have a tendency to lead with stories that may garner the most clicks, views, and shares, but that may put an unnecessary bad spin on circumstances. 

While some of these news articles may be useful, they may give the impression of things being worse than they really are.  This is were real facts can put things in perspective.  So pay attention to the sources of news you read.

Be equally careful when reading source that disseminate conspiracy theories or negate the need to take precautions.  Just because someone doesn’t want things to be true, doesn’t mean that they are not true.

The CDC’s second suggestions is for you to get plenty of rest, eat healthy and exercise regularly.  These are things that we should do regardless of a pandemic, but they take on a special meaning because not only do they keep us healthy, but doing these normal things give us a sense of normalcy that may otherwise be missing given the current state of things.

Refer to the original CDC page on coping with COVID-19 or their main page on the Coronavirus Disease 2019 for more.

The World Health Organization (WHO) has published  a pamphlet (pdf) on Mental Health Considerations during COVID-19 Outbreak.

Helping Your Children Cope

As is frequently the case with children, they learn from us: parents, grandparents,  and other adults in their lives. Just as you may look for tips to help a child deal with divorce, you can find tips to help your children deal with what is going on right now.

However, each child is different, just like adults; and how they cope in dealing with this or any other situation has a lot to do with what they see us do.

Because each child will respond in their own way, the CDC gives you some things to watch out for, including:

·  Excessive crying and irritation

·  Returning to behaviors they have outgrown (e.g., toileting accidents or bed-wetting)

·  Excessive worry or sadness

·  Unhealthy eating or sleeping habits

·  Irritability and “acting out” behaviors

·  Poor school performance or avoiding school

·  Difficulty with attention and concentration

·  Avoidance of activities enjoyed in the past

·  Unexplained headaches or body pain

They also have suggestions for you to help and support your child.  This includes the same advise as to limiting exposure to media coverage of the event, and ensuring that children understand what they are hearing/reading on the news.

Like the CDC, the WHO’s pamphlet includes information on helping your children.

COVID-19 may be new, but our resilience is not.  We are—each of us and together—well equipped to deal with the virus if we deal with facts, prepare adequately, and address each challenge as they come, one day at a time.

Divorce Checklist for a Contested Divorce

divorce consultation checklist, divorce in florida, property and divorce

A divorce consultation checklist is good tool to help you prepare for a divorce.  A divorce consultation is all about information you need to provide the divorce lawyer, not necessarily about documents. A useful divorce consultation checklist will address financial information as well as issues related to children that you should be ready to discuss.

The idea here is for you to discuss finances and issues that you you must address. It is also a good tool to explore areas you may not have thought about.

Property and Financial Information in a Divorce

The financial side of your divorce is all about dividing the property accumulated during the marriage. It may also have to do with property either of you may have brought into the marriage, which you or your spouse may still have.

If there are going to be questions about alimony or child support, then it will also involve your current income, as well as that of your spouse.

If you have a prenuptial agreement, that document will be important for you to provide at the time of a consultation. You do not need to provide an original, a copy will be sufficient.  This is about the only document that you should bring with you to a consultation.

Property (assets) in a divorce is anything that you can own—whether it is owned in your name alone, in your spouse’s name alone or in joint names. 

Types of Property in a Divorce

Real property is usually what most people think about when they hear the word “property.”  But property also includes the following:

  • bank accounts, such as checking, savings, certificates of deposit, money markets, etc.
  • stocks and stock options
  • bonds
  • vehicles that are financed (not leased)
  • boats, RVs, jet skis
  • cash value in a life insurance
  • money that someone owes you
  • Retirement plans, such as profit sharing, pensions, IRAs, 401(ks), etc.
  • Investment accounts that are not for retirement
  • furniture in a home
  • Royalties
  • Business interests
  • Disability income

For purposes of a divorce in Florida, bank accounts are not just those accounts in your name alone, or in joint names with your spouse; but also includes accounts in your name and someone else’s name (other than your spouse).  Understand that this doesn’t necessarily mean that your spouse may have an interest in accounts held in your name and someone else (for example, a parent)—we are merely discussing what assets are titled in your name which may or may not be impacted by the divorce.

In addition to information on the above, you should be ready to provide information about tax filings: whether you and your spouse file jointly or as married filing separate.  If income has changed since the last tax filing, you should also be ready to discuss details.

Debt Information in a Divorce

As with property, you need to have an idea of what debt there is and how it is titled—in this case, who is responsible to the creditors for payment.

Similarly, it doesn’t matter that the debt is in your name, joint with your spouse or in your spouse’s name alone.  If the debt is only in your spouse’s name, you may not have access to the amount, repayment terms, etc., which is okay.  The important thing is that you know it exists and you can tell the divorce attorney about it.

Debt includes the following:

  • Mortgages, including second mortgages on the marital home
  • Credit card accounts
  • For vehicles, financed documents or lease documents
  • Personal loans
  • Money you owe but for which there is no document (like a loan from a relative)
  • Judgments against you which say you owe money to someone else
  • Loans you make have taken out against your retirement accounts
  • Tax debts
  • Business debt that you may owe, for example, if you own a business and co-signed for a loan for the business

Information about Children’s Issues

Each family is unique, so it is impossible to provide a list of every single issue that a family may face when they are about to go through a divorce.

Generally speaking, you should be ready to provide the attorney with a description of how each of you parent your children, both individually and jointly. This information would include how you divide the daily responsibility for caring for the children, taking your children to school (if of school age), participation in taking them to doctor’s appointments; how each of you discipline the children; what special issues your children may have, whether physical or otherwise, etc.

It is also a good idea to provide your attorney with your view of how each child relates to each of you.

If you and your spouse have already talked about a divorce, be ready to tell the attorney what discussions you’ve had regarding timesharing with the children in the event you do decide to go through the divorce.

If you have not discussed divorce, tell the attorney what you would like to see in terms of timesharing and why—what you want may be doable, but the attorney should discuss the possibility of you getting what you want within the current law regarding parental responsibility and timesharing.

Your Emotional Well-being

While we divorce lawyers are not therapists, we are nevertheless mindful that a divorce will impact our clients’ emotional wellbeing, at least in the short-term. Depending on where you find yourself in terms of accepting the divorce, your emotional condition may influence the divorce process to varying degrees.

Unresolved emotional issues may influence your ability to make decisions about children, property and debt within the facts of their case and the applicable law.  By way of example, some parents (fathers OR mothers) do not want their children to be around any future significant others of the other parent at any time. Depending on the circumstances, this position is most often not a realistic one.

Of course, the same applies to your spouse: their emotional condition and attitude towards getting a divorce will impact them and you as the divorce proceeds.

If there is a history of domestic violence, be prepared to tell the attorney.  However, depending on how you describe your relationship with your spouse, the attorney will most likely ask you about it.

Questions for your Divorce Lawyer

With all of the information above, you are ready to meet with a lawyer.  You can meet with a lawyer with very little of the above information.  But the consultation may not be as useful to you because you are not providing factual information that the lawyer can work with to provide you an overview of likely outcomes.

Some people do research for their divorce by a combination of a google search and talking to their friends and families about their own divorce.

There is a mix of information online, depending on the slant of the actual information you read.  Additionally, the experience of your family and friends in a divorce is not going to be the same for you—you and your spouse are unique as a couple, so whatever results your friends and families obtained is not going to be the rule for your own situation.

To prepare for a divorce consultation, you first should find out how long the consultation will last.  Some divorce attorneys provide 15-30 minutes consultation; other provide a longer one.

In addition, you should also start writing down questions that you want answers to—there is no such thing as a stupid questions, there is the question you have for which you need an answer.  So, write them down as you think about them, do not wait to be sitting in front of the attorney to come up with them.

Conclusion

This checklist may seem like quite a lot of work.  Contested divorces are in fact quite a lot of work for everyone involved.  It is better to be prepared from the start, and to know what are the possible outcomes.

If you anticipate a contested divorce and would like information about your individual case, you can set up a Case Assessment Session with me using this link, or calling me at 305-710-9419.

divorce and immigation

Divorce and Immigration Rules

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For undocumented immigrants who may be facing a divorce, it is important to understand how some of the divorce and immigration rules work together.

Being a “resident” for purposes of getting a divorce is not the same as for immigration

Most people wanting to know how to get a divorce in Florida come across the requirement that they must be a resident of Florida for at least six (6) months before filing the petition for divorce.  Under the Florida laws for divorce, all that this means is that you must be living in Florida for at least six months.

This has nothing to do with your immigration status in the United States.

However, that doesn’t mean that you should go ahead and get a divorce if you are about to begin proceedings related to your immigration status, or are in the middle of adjusting your residency status.

Because I don’t know much about immigration, I asked fellow attorney Viviana Medina, Esq., an immigration attorney in Hollywood, Florida, to provide me some examples where getting a divorce will have an impact on a person’s immigration proceedings.  As she explained, sometimes non-citizens must obtain a divorce judgment quickly for a variety of reasons.

Divorce and Immigration – Conditional Green card

A person who obtained conditional resident status through marriage must apply for permanent residence. Thee official immigration term is “petition to remove conditions on residence” – three (3) months prior to expiration of his/her conditional resident status.

If the non-citizen is no longer living with his/her spouse, and there hasn’t been extreme cruelty in the relationship, the non-citizen must have a divorce decree in order to apply for permanent residence.

Being separated or in the process of getting a divorce Is not enough because the divorce decree, the final judgment of dissolution of marriage, must be filed with the immigration petition.

Divorce in country of origin

Another situation arises when a couple obtains a divorce in their home country even though both spouses are living in the United States. They do it because they think it would be faster or cheaper to get divorced in their country of origin. They may have remarried in the U.S. and petition for his/her new spouse. That’s when they find out that the current marriage is not valid because the divorce was not valid. When this happens, a divorce must be obtained in the U.S. as soon as possible before the immigration service starts removal (deportation) proceedings against the applicant.

These are only some examples of the many situations in which obtaining a divorce quickly may make the difference in a person’s ability to remain in the United States or obtain legal status.

How long does it take for a Florida divorce?

Once you know the time frames related to immigration proceedings that may be affected by a divorce, you need to take into consideration  how long does it take for a divorce in Florida.

The fastest divorce is an uncontested divorce.  These are the ones where you and your spouse agree that you will get divorced, and also agree on all other things that need to be resolved: property, debt and issues related to children (if there are any of the marriage).  

It is not necessary for a spouse to agree to the divorce because Florida is a no-fault divorce; no consent or agreement is needed.  But you want to know if they agree and will sign all required documents because otherwise you would have to serve them with the divorce papers.  A divorce in which you have to serve the divorce papers to your spouse will take longer because it is a contested divorce in the legal system. 

If you have questions about immigration status or immigration proceedings in general, I invite you to contact immigration attorney Viviana Medina, Esq. or call her at 754-703-4066.

If you want  information for your divorce, you are welcome to call me at 305-710-9419 or contact me through this link; either way, I call you within 1 business day.