If you’re getting a divorce in Florida, you probably have lots of questions. This article answers a few that clients frequently ask.
Every divorce is unique, but many people going through the end of their marriage often have similar questions about the process. Knowing what to expect can help you be more prepared.
Thinking of getting a divorce in Florida? Get the answers to these common questions for a better experience.
How long does divorce take in Florida?
This is one of the most common questions about the divorce process in Florida. Perhaps the reason clients ask it so often is because it doesn’t have a clear or easy answer.
It’s not unusual to see statistics out there saying that divorce in south Florida takes anywhere from six months to two years, but in reality, it all depends on the complexity of your case. For instance, if you choose an uncontested or collaborative approach to divorce in Florida, it could take as little as 45 days to complete.
How is child support calculated?
In Florida, the courts use guidelines to determine how much child support the non-custodial parent must pay to the custodial parent. Factors that the courts use to calculate this number include the parents’ income, the number of overnights the child spends with each parent, and the cost of the child’s healthcare, among many other considerations.
Like the previous question, the amount of child support depends on a case-by-case basis.
Is Florida a no-fault divorce state?
Florida is, in fact, a no-fault divorce state, which means a spouse can file for divorce even if the other spouse has committed no fault, such as infidelity or abuse. However, this does not mean that issues such as infidelity will not necessarily affect the outcome of a divorce case.
How much does it cost to get a divorce in Florida?
Many factors contribute to the cost of a divorce in Florida. Is the divorce contested? Is a trial necessary? Depending on the answer to these and a few other questions, the cost to get a divorce could range between a few thousand and tens of thousands of dollars.
Will I receive or be required to pay alimony?
Alimony is a contentious part of the divorce process. To determine whether alimony is necessary, the just will consider three questions:
- Is there a need for alimony?
- Does the other spouse have the ability to pay?
- How long did the marriage last?
For a more detailed breakdown of how alimony works in Florida, watch my video below.
How do the courts divide property?
Florida follows the law of equitable distribution, which means that property acquired during the marriage will usually be divided in a fair and equitable manner. Unlike states that follow a community property law for distribution of marital property, property acquired during marriage is not split equally—the property usually goes to the spouse who earned or acquired it.
However, the courts also consider a few other factors. This video explains.
Get the Guidance You Need for Your Divorce in Florida
Are you ready to take the leap? I am here to help you however I can. Contact me to set up a consultation today so we can talk about your case.
About the Author: Helena Y. Farber is a Divorce attorney in Aventura, Florida, whose practice is concentrated in the areas of divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: The attorney makes this Blog available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.