When It's Over, It's Over – Or is it?
It seems logical and reasonable that when the judge signs your final
order of dissolution that the whole process is over. But, there are
times when this just ain't so. A final order can be appealed; either
party can request that the order is to be corrected; and either party
can file a motion for rehearing. Any one of these needs to be filed
with the court within thirty days of the judge signing the order.
Often, the reason people are curious about when a divorce is final is
because they want to get married to someone else, and don't want to
delay. In general, thirty days after the judge signs the final order,
a person is free to marry someone else.
So, is it over then? Not exactly.
Either party can reopen the case at a later date to modify the final
order. The modification must be based on a substantial change in
circumstances affecting any of the parties. This is usually either
child support or child custody/ timesharing, and it can also be
alimony. Substantial change needs to be, well substantial. It can't
be a minor or petty change in circumstances. The most common reason a
person might want to modify child support is that one or both of the
parent's incomes have changed drastically. Reasons might be a job
termination; lay off; or injury or illness serious enough for that
parent to be off work for some time. The change must be expected to
last at least a year and must be unanticipated. A child or children
simply growing older, is not considered enough reason, by itself, to
be a reason to modify child support, timesharing, or custody. But, if
a child has additional needs due to his age, those might be enough to
modify child support.
A modification for child custody/
timesharing can be triggered by several factors. Around the age of
twelve, courts will consider a child's preferences in deciding where
the child lives. If a child has a compelling reason to spend more
time with one parent or the other, the court's will listen. Or the parents can agree that a new arrangement is in the best interests of the child.
If one of the parents needs to move
more than fifty miles away, he or she can request that the other
parent to agree in writing to the proposed move. If the other parent
disagrees and does not provide written consent, then the parent
wanting to relocated can file a petition for relocation and ask the
court to grant permission. Courts tend to grant a request for
relocation only for a compelling reason, most commonly a bona fide
job offer. Either way, the case may still need to be reopened in
order to file a long distance relocation parenting plan. Frequency
and length of visitations are almost always affected when the parents
no longer live nearby.
Yet another reason that a divorce case
may need to be reopened is when one of the parties has not complied
with the terms of the final judgment. Sometimes there is no other way
to force compliance, than to file a motion for civil
enforcement/contempt. Reasons to file this type of motion are things
like: failure to pay child support; failure to follow the parenting
plan; failure to deliver property; failure to refinance an asset such
as a boat or a house; or anything else that was ordered in the final
judgment but the other party failed to do.
Separating lives which have grown
intertwined through marriage is a process. Preparing for divorce
before either spouse files with the court or at least at the very
beginning stages, may ensure less time going back and reopening your
case. The Florida Association of Legal Document Preparers is in the
process of building an online course, Divorce & Paternity Preparedness Training, that will help consumers become better at
managing the process.
Our course isn't ready yet. We're still
gathering resources to help you on your journey. So far we've
completed the first two modules (chapters) and will open them for
registration by May 1st, 2018. Initially, as an introductory offer,
the course registration fee will only be $24.99. As we add
information and resources, we'll raise the course fee. But, once
enrolled, you won't be charged any additional course fee. You'll be
able to come back time and time again to take advantage of the
information we add. Ultimately, once the course is complete, we plan
to charge $150, We're recruiting document preparers to discount their
fees to consumers who complete our preparedness course. We hope to
also have some attorneys to refer consumers to. [We are not allowed
to receive any compensation for referring to attorneys, and would
never do so.]
