Frequently Asked Divorce Questions
- What are rules for residence for a divorce in Florida?
Need a divorce? Residence in the state of Florida for at least six months will entitled you to be divorced in Florida, even if your spouse does not live in Florida.
- Do I need grounds to get divorced?
Basic grounds for a divorce may be irretrievably broken. Also, Florida is a “no fault” divorce state.
- How long does a divorce take?
The usual uncomplicated divorce may take between 3 to 6 months. If uncontested and all matters are agreed to in advance, it could take only a few weeks. Please note, a divorce is aggressively contested, involving complex legal issues, can take more than a year.
- Is an attorney really necessary to get a divorce?
No. You can represent yourself. It’s advisable to check with a lawyer and ensure you’re not missing anything and the paperwork is correct and in order. Also, remember the old adage, “The person who represents himself has a fool for a client.” Also, a lawyer will be objective and uncluttered by emotional issues that can cause mistakes. Florida law can be involved and confusing, even if the emotion is eliminated and matters of dispute seem to have agreement. It’s highly recommended to consult with an experienced Marital and Family law attorney before you sign an agreement. Unforeseen circumstances may occur that you may not be cognizant or aware of certain repercussion that may cause your legal rights to be unprotected.
- Is a divorce expensive?
The cost of divorce ranges in price based on the amount of time and effort to draw a conclusion. It depends on how much time your attorney puts into your case and the course of action you chosen to pursue. Each case is different and depends on the complexity involved and the extent of disagreement between the parties.
- How is child custody decided?
When parties involved cannot agree, the judge will make the decision that is perceived to be best interest of the child. This is a very difficult and complicated area of Family Law. The Florida law is slowly changing towards a more equitable time sharing arrangement, rather than the old-fashioned of “alternate weekends” or the “weekends only” approach. Please be aware each case is different and involves unique situations.
- Paying or receiving child support?
When a minor child is involved, the court will almost always order child support. The amount and details depend on the case.
- Paying or receiving alimony?
There is no an easy answer for all cases. It will depend on many factors and your particular circumstances. The most important factor is the need of one spouse to be supported and the ability of the other to pay support.
- How is property divided?
Most of the time, marital property is divided evenly and non-marital property is distributed to the party who owns it. There is no simple answer here – it can become very complicated.
- What about the spouse that cheated?
Many times the judge considers cheating as a form a marital misconduct. But, this is not always the case. Often it depends whether marital money or assets were used by the cheating spouse.