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Your Rights During a Florida Divorce


Just because your marriage is coming to an end, it doesn’t mean your rights are thrown out the window during the divorce process. Some people find themselves agreeing to proposals just to resolve issues without realizing they have rights that would’ve protected them. Florida law gives no preference to one gender over another; the laws look to divide everything in an equitable manner. Child custody is awarded based on the best interests of the child, and spousal support is granted on an as-needed basis.

If you are preparing for a divorce in Florida, you shouldn’t go at it alone. You need the expertise of a Boca Raton divorce attorney who can help. Your attorney will help make sure that your rights and interests are protected throughout the divorce process and guide you along so you know what to expect at each and every step.

Basic Rights Afforded in a Florida Divorce

There are basic rights afforded to everyone when undergoing a divorce. One of these is the right that keeps your spouse from dissipating marital property. Dissipation refers to someone who conceals, wastes, destroys, transfers, or depletes marital property with the purpose of increasing their advantage and hurting your position.

You have the right to be protected against domestic violence. If there are concerns of domestic violence, the most important thing is to get yourself to safety. You and your children’s safety should be the top priority. If you need assistance, you may be able to get an emergency protective order and/or a temporary restraining order. These court orders will help protect you from your spouse.

Depending on the circumstances, the court may allow you to relocate someone to where you are safe and can be protected from future violent attacks. It’s important to point out that your spouse has the right to prove his or her innocence when accused of domestic violence, as some people file false claims of violence with the hopes of jeopardizing their ex’s custody and/or visitation rights.

You are protected from your ex taking your children to a new state in hopes of starting a divorce and/or custody battle in a new state. In Florida, you have to notify the other parent if you plan to move more than 50 miles away for more than two months. Any moves longer than that require a written agreement if done outside of the court system.

Parties filing for divorce in Florida also have the right to receive temporary court orders in situations where you need to keep your spouse from running up debts in your name. Temporary orders can also be issued for items like spousal support, child custody or visitation, and child support

Contact a Florida Divorce Attorney

If you are preparing to file for divorce in Florida, don’t go through the process alone. Let an experienced Boca Raton divorce attorney help. Contact the Law Offices of Schwartz | White today at 561-391-9943 to schedule an initial consultation. Let one of our skilled Florida divorce attorneys help you with all your legal needs.


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