Florida Divorce

DIVORCE AND FAMILY LAW

1. How long do I need to reside in Florida to file for divorce?

  You must be a continuous Florida resident for six months prior to filing your case. 

2. What is required to receive Alimony in Florida?

Florida Alimony laws and case law are complex. There are several different types of Alimony in Florida, including permanent periodic, temporary, rehabilitative, and lump sum. The criteria for receipt of Alimony encompasses numerous items including the duration of the marriage, the incomes of the parties, the contribution of each party to the marriage, and the lifestyle attained during the marriage. Each case is different. If you will call the office, I will be happy to discuss the facts of your case and how they apply to Alimony in Florida. 

3. What is the current status of child custody in Florida?

The state of Florida has recently enacted a new set of laws with respect to parenting of children. The intent is to have the children reside with each parent for approximately equal periods of time. 

4. How is child support calculated?

Child support is based upon a schedule from the state of Florida using various factors to calculate same, including the net incomes of each party, the childcare costs, the health-care costs, and the time-sharing schedule. Most attorneys use a software program to calculate same. 

5. What is the cost of a divorce in Florida?

The filing fee with the Clerk of Court is $408.00 and there may be other costs involved, depending upon whether the case is contested or uncontested. If a case is uncontested, meaning the parties have agreed to the terms of the divorce and will sign an agreement, the case is usually handled for a flat fee which varies slightly depending upon the complexity of the issues involved. If the case is contested, meaning that there are issues in the case which the parties are unable to resolve at the time the case is filed, then the case is usually handled on an hourly fee basis. 

6. How long does it take to be divorced in Florida?

If the case is uncontested, meaning the parties have an agreement as to the division of assets, liabilities, and the parenting of children, the divorce can be completed in as little as six weeks. If the case is contested, it will take at least six months and perhaps as long as one year depending upon the complexity of the case.