FAMILY LAW QUESTONS
1. How long does it take to get a divorce in Florida?
There is no set time limit. If the parties are in agreement, it can take as few as 4 to 6 weeks. If there are disagreements on certain issues, it may take months to finalize the divorce.
2. Do I have to go to trial to get a divorce?
No. If the parties agree, they will sign a Marital Settlement Agreement which is enforceable in the Court. The majority of dissolutions are settled without a trial.
3. I have children. How often can I see them?
You and your spouse (perhaps through your attorneys) will develop a parenting plan which details how much time each parent spends with their children. Florida courts recognized the need for children to share in the love and guidance from both parents. Therefore, it is very typical that parents each spend almost the same amount of time with the children.
4. How much will I have to pay in child support? Or, How much will I receive in child support?
Child support is determined by a calculation which is based on the income of each party. Factors affecting child support include the number of children, the income of each party, the amount of time each party spends with the child or children, whether the child has any other source of income and sometimes, special needs of the child. A child support worksheet is attached. This can give you a general idea of the amount of support you might receive or pay. CHILD SUPPORT WORKSHEET
5. My parents want to have visitation with the children. Can I make my spouse allow the children to see them?
No. In Florida, grandparents can not ask the Court to allow for visitation with their grandchildren. However, when you have the children, your parents can see them and care for them.
6. My soon to be ex wife, wants to have her maiden name restored. I do not want this as she should have the same name as the children. How do I stop this?
In Florida, the Wife can request her name be changed as part of the final divorce. Although you may object to this, her name will still be changed.
7. My spouse wants alimony. Do I have to pay?
Whether or not a spouse receives alimony is based on a multitude of factors, a few of which are, the length of the marriage, lifestyle, and income of the parties. The Court also looks at whether one person is in need of alimony, and whether the other person has the ability to pay. Therefore, there is no established formula for determining the amount of alimony or the length of time it will be paid.
8. My spouse has a pension plan. Am I entitled to a portion of it?
If your spouse contributed to the plan during the marriage, it is a marital asset and subject to distribution by the Court.
9. I have been divorced for a few years and my income has decreased. Can I get my child support or alimony reduced?
You may be eligible for a reduction depending on your spouse’s income and the percentage your income has decreased. Child support will be re-calculated based on the child support guidelines.
10. My child tells me he/she wants to live with me rather than my spouse. Will the Court change the residency based on my child’s desires?
In determining a change of living arrangements, the Court looks at the child’s best interest. Depending on the age of your child, the Court may consider his/her desires.