Frequently Asked Questions

Our FAQs page provides insight and general information regarding the basic issues circulating child custody and shared parenting. Questions included in this page are only general in nature. Certain issues and in-depth personal questions are not addressed here.

If you seek specific and complex answers, you may need to refer to an experienced family lawyer. As a disclaimer, information shared through our FAQs page is not a substitute to the counsel of a legal expert.

Canada Parents Organization is a charitable and educational organization. It is in no way a law firm or even licensed to practice in the field of law. We ask our readers to use the information we provide here wisely. They should not act upon the information they obtain through our site prior to seeking counsel from a legal and licensed professional. Legal advice is also not shared through this website.

We encourage our readers to avoid seeking legal advice online without confirming it with a certified lawyer.  The accuracy of each information contained on this website is not warranted. Please be responsible in using the information you acquire from our FAQs page.

Frequently asked questions and its respective answers can be found below.

Question:

For four months, my wife and I have been living separately and she lives with our son. We have set up a mutual agreement with regard to the financial child support I have to provide as well as visitation rights.

We have not yet filed our divorce, but we have come to a peaceful arrangement. Should we get a lawyer once we file our divorce or can we go to through the courts by ourselves?

Our Answer:

I cannot provide you with legal advice nor I am licensed to practice in your respective state. Nonetheless, I can provide you with general information and basic tips regarding your question.

Please take note that each state in this country has varying requirements when it comes to divorce with children involved. In some states, the legal process can be quite simple, and the attendance of amicable spouse is not required in court.

For the general requirements, a couple has to be separated for a minimum of 6 months and a maximum of 12 months. They must have come to an agreement regarding custody, child support, and visitation rights.

After they have met the requirements, they can now file for a divorce complaint with the court. A separation agreement follows and a final decree of divorce can be done. The financial child support amount varies on numerous factors including, but not limited to, the income of each parent, visitation days, and medical expenses.

For an in-depth consultation, you can seek advice from your local legal office.

I have no legal jurisdiction to practice law in the state where you reside but, I can give you some general counsel regarding this question.

Alimony, or commonly known as spousal support, is not mandatory in a divorce case. The jurisdiction in each state varies although courts usually decide if a spouse is entitled to alimony.

In Florida, where I can exercise my legal practice, the court will analyze various factors when alimony is being requested. The jury will check first the financial ability of the paying spouse.

Afterward, they will check the financial resources of the requesting spouse. Then his or her educational background, age, length of the marriage, and the ability to find employment. His or her physical and mental health will also be taken into account.

Court-ordered alimony is mandatory and scheduled appropriately. However, alimony can also be agreed between the separating spouse.

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