Frequently Asked Questions

1. Can I file for Divorce in Florida?
2. What is the difference between a contested and uncontested Divorce?
3. How long does it take to get a divorce?
4. Who gets alimony?
5. How does the Court determine custody?
6. How much child support will I get or pay?
7. My spouse stopped paying child support what can be done?
8. Is the parenting class required and can I take it online?

1.  Can I file for Divorce in Florida?

In order to get a divorce in Florida, either you or your spouse must have been a resident of Florida for at least six months prior to filing.


2. What is the difference between a contested and uncontested Divorce?

A contested divorce is one in which the parties cannot agree, either about getting divorced or about the terms of the divorce, such as the division of assets, allocation of debts, alimony, child support, or the custody of children. 
An uncontested divorce is one in which both parties agrees to all the terms. In general, an uncontested divorce will proceed through the system more quickly, be much less complicated, and less of a financial burden.


3. How long does it take to get a divorce?

Many factors can affect the time.
In an uncontested divorce you & your spouse agree on all issues and it can be completed in as little as 3 months.
In a contested divorce it depends on the amount of issues you & your spouse must agree on. More property & the presence of children can increase complexity and time.  A contested divorce can take up to 18 months. Some bitterly contested divorces can take years.


4. Who gets alimony?

It is diifcult to predict alimony. Either spouse can seek alimony and there is no legal preference if you are a man or woman.  Although Florida does not have exact guidelines for determining alimony it does have a list of factors a judge must consider, such as the couple’s lifestyle prior to the divorce, the length of the marriage, the ability of one spouse to pay money and the need of the other spouse and the amount of property to be divided.


5. How does the Court determine custody?

In Florida the Court’s no longer award custody. The Court’s impose a parenting plan which includes parental responsibility and a time sharing schedule.  It is the public policy in Florida to assure that children have frequent and continuing contact with both parents and that both parents should be encouraged to share the rights and responsibilities and joys of child rearing.  Unless the court determines that it would be detrimental to the child, the court will order that parental responsibility be shared, in which both parents retain the parental rights and responsibilities with respect to their child and jointly make decisions about the child’s welfare. The time sharing schedule determines the schedule of contact between the children and each parent. In determining the specific parenting plan and time sharing schedule the Court is required to determine the best interests of the child using a number of factors under the Florida Statues.


6. How much child support will I get or pay?

Child support is based on a chart, published by the state. (Child Support guidelines) The courts have some leeway, but in practice, child support is a predictable number that can be calculated by either party.  Child support is based on  the parents’ monthly income and the number of children.  Depending on the amount of time you spend with the child (ren) and other factors, the amount may vary.  Each situation is unique and once you meet with us, you will have a much better idea of what you can expect.


7. My spouse stopped paying child support what can be done?

 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, suspensión of drivers licenses, and suspensión of profesional or trade licenses.


8.  Is the parenting class required and can I take it online?

In all Florida cases involving minor or dependent children, both parties are required to attend a parenting class.  The class may only be taken online if the parent resides outside of Florida.   Below is a link to a current list of approved parent education and family stabilization course providers
http://www.dcf.state.fl.us/programs/childwelfare/docs/parenteducationandfamilystabilization.pdf

 

 

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