Divorce

How long does it take to get a divorce?

There are many factors that affect the time needed for a divorce. The most important factors are: Whether it is a contested divorce If you and your spouse agree on all issues, the typical divorce could be complete in as little as 3 months The amount of property and if there are children. More property […]

Do I need my own attorney?

You are not required to have an attorney for divorce, child custody, support enforcement, or any other type of court procedure. Florida law allows you to act as your own attorney.

I am already separated, what are my rights?

Whether you plan to get a divorce or have no such plans, you can petition the court for temporary alimony and child support.

My spouse committed adultery!

Although Adultery is mentioned in the Florida Divorce Law Statutes, many courts do not consider Adultery as an issue. If you were the victim of adultery, you must be prepared to show the Adultery caused a wrongful financial loss to the marriage. Many times Adultery results in marital funds spent on a third party. If […]

Do moms always get child custody?

Times have changed and a divorcing mom should not take child custody as a sure thing. Many fathers have successfully won child custody. You must make a convincing case that you are the best and most fit guardian of the children. To win child custody, you must make a strong showing in all of the […]

What should I do if I wish to relocate to another state with my children?

In Florida, primary residential parents seeking relocation with their children need to file what’s called a “petition for modification of final judgment” to re adjust visitation schedules and child support obligations for the soon to be out of state non custodial parent. If the relocation is in the best interests of the children, i.e. moving […]

How much child support will I get or pay?

Child support is based on a chart, published by the state. The courts have some leeway. But in practice, child support is a predictable number that can be calculated by either party. The final number is based on the income of both spouses and who is the primary residential parent (primary custody).

My spouse stopped paying child support!

Florida has strong legal mechanisms for enforcing child support. The enforcing spouse must file a motion to place the non-paying party in contempt of court. After a court grants this motion, a variety of enforcement tools are available. Some enforcement measures include jail, suspension of driver licenses, and suspension of professional or trade licenses.

Who gets alimony and why?

Alimony is difficult to predict. While there are no exact guidelines for alimony in Florida law, the law list factors a judge must consider. The most important issues the court will consider are: The lifestyle the couple had prior to the divorce. If possible, a court will divide assets and future income in a way […]

Who gets the house?

The house is up for grabs – equally to both spouses. But the situation changes if their are minor children. A strong preference of the courts is to allow minor children to remain in the marital home. In practical terms that means whoever gets custody gets the house.

How do I get a domestic violence injunction?

You must go to the local courthouse and see the clerk of court. The clerk will give you a document to fill out, called a Petition for and Injunction Against Domestic Violence. A Judge will look at your petition within the next few hours and sign it if you are actually in danger. After the […]