Legal Question in Family Law in Florida

Re: Is divorce legal?

I'm sorry but the facts you have provided are too sketchy for me to provide any meaningful response. Of course, this is not your fault. It is difficult for you to provide information because you are not sure what has occurred in this situation.

In any event, I agree with attorney Jay that you should consult with an attorney who can review the court file and the facts. In general, you should have received some notice that the divorce action was proceeding. This would have permitted you time to retain an attorney. However, it depends on the specific facts of your case.

In general, parents are entitled to reasonable visitation. Of course, there are exceptions to this general rule. For example, a physically abusive parent might be deprived of visitation.

Are you certain that a Final Judgment was entered by the Court in the divorce action? Generally, temporary custody is awarded while the divorce action is still taking place. (There are exceptions to this.) Usually, the Final Judgment awards permanent custody to one parent or jointly to both parents. It would be unusual for a Court to award temporary custody in a Final Judgment.

Also, property division is generally addressed in the Final Judgment.

You should consult with an attorney.

Re: Is divorce legal?

It is hard to give specific answers to questions such as yours without reviewing the pleadings. The chances are your divorce is legal although it is certainly modifiable if you did not have a say in the proceedings. You will need to state your case to the Court in a Motion for Modification.

I strongly suggest that you consult with an attorney in your area to review the specfics of your case. Bring copies of all papers filed to make the consultation more meaningful. A good attorney will know what to do and can give you the proper advice on how to proceed to modify the Court's earlier decision. The issue of custody can always be revisited upon proper grounds. At the least, a court will always order visitation to the non-custodial parent except for a few limited situations involving child abuse or issues of moral turpitude.

Scott R. Jay, Esq. 305-249-8000