Family Law FAQs

There is at least one court appearance in a divorce case. This is the final hearing and the spouse who filed the divorce will have to go. If the respondent spouse filed a counter-petition, then the petitioner spouse will not have to appear at an uncontested final hearing. However, if a spouse wants to change his/her name, that spouse will have to attend the final hearing, regardless of whether he/she filed the case. There can be more court appearances, depending on how much litigation is involved.

This is a very complex question that cannot be answered completely in a few lines. It depends on where you are in the immigration process. If you have an adjustment of status case pending, a divorce will almost certainly result in the denial of your application. You may be able to file an abused spouse petition and still get the green card. If you have a two-year green card, you will need a divorce waiver to remove the conditions. A divorce poses less risk to a ten-year green card holder.

Your name will be changed at the final hearing. You will be given a copy of the Final Judgement of Dissolution of Marriage with your new name stated in the document. You will then submit this to the Social Security office and you will get a new social security card with your new name. The social security number will be the same. You can then submit an application to change you name on your driver’s license and passport.

Florida is an equitable distribution state. This means that the court will typically divide marital property 50/50, unless justice requires otherwise.