Best Child Custody Lawyers in Melbourne, FL

The Petition is a legal document in the action for Divorce or Modification. It contains the basic details and reasons for the relief requested it also contains other requests such as child custody, visitation, child support and alimony, equitable distribution of marital property, health insurance, life insurance, payment of legal fees and experts' fees, exclusive possession of the marital residence, orders of protection, etc.

You do not need to generally prove anything except that your marriage is irretrievably broken. That takes one spouses testimony only. One of you raise your right hand in Court and state that: "Your marriage is irrretrievably Broken". That's it, you win. Thats all it takes. BUT, that does not resolve any issues regarding children, property, debts, support, attorneys fees, etc. It ONLY gets you two legally divorced, ie. you and him/her are no longer married! The legal divorce is the easy part!

No, equitable does not mean equal. Marital property must be distributed equitably between the spouses, considering the circumstances of the case and of each spouse.

Where a settlement agreement is incorporated in a judgment of divorce and continues to exist as a separate agreement after the divorce judgment is made, the Court cannot reallocate the child support obligations between the parents if the agreement is fair, unless there is an unanticipated and permanent change in circumstances resulting in a showing of decreased financial ability, or for that matter, an increased financial ability. In that event, a spouse may be required to pay an increased, or decreased, amount of child support. Child support may be modified upwards or downwards depending on the circumstances of the party - sometimes both parties.

Any arrears which have accrued under a judgment or order prior to the making of an application for modification are not subject to modification or annulment.