Florida Divorce FAQS That Will Help You Make a Choice

Whether you are on the brink of divorce, or have already made the decision to move forward, these frequently asked questions and answers about dissolution of marriage in Florida will help you make educated decisions during the divorcing process, and even after it’s finalized. Continue below to review them all.

Orlando Divorce Attorney 407-236-4852
Orlando Divorce Attorney 407-236-4852

Is Legal Separation Allowed in Florida?

Florida does not recognize legal separation of married spouses. So, state law will not support any legally-binding arrangement made between spouses, even if they ultimately do divorce down the line. Any type of separation agreement between spouses will not be taken into account when it comes time for the court to rule on child support, alimony, property division, and custody. Although legal separation is not supported in Florida, there are other legal recourses and alternatives.

How Do I Get a Divorce in Florida?

In the state of Florida, there are three requirements for getting a divorce. First, you must show proof that the marriage took place. Second, you must prove that you or your spouse were a Florida resident for at least six months before filing for divorce; and third, you must prove that the marriage is in fact, irrevocably and permanently broken.

What is Mediation? Is it the Same as Divorce?

Mediation is a common method of negotiating all aspects of a divorce, including finances, alimony, property division, child support, timesharing, and more. Generally, mediation involves the group effort of both spouses and their respective divorce lawyers, as well as an appointed, neutral third party called a mediator. During mediation, the mediator will sit down with each spouse and their lawyer to discuss, negotiate, and resolve all matters related to the divorce.

Does a Divorce Take a Long Time?

The amount of time it takes to complete a divorce, from the moment it is filed to the moment it is officially in effect, depends on countless factors unique to each case. Mostly, it depends on whether or not the divorce is contested or uncontested. Other major contributing factors on divorce timelines include how quickly both parties can come to an agreement on all matters related to the divorce, the traffic of family courts, the skill of your divorce lawyer, and more.

How Much Does a Divorce Lawyer Cost?

According to forbes.com, the average cost of divorce in the United States is around $15,000, most of which is allocated to legal fees. Keep in mind that this is just the average. After all, the American Psychological Association confirms that virtually 50 percent of marriages in our country result in divorce. Some couples pay as little as $1,000, while others have paid millions. Attorney fees play a large part in how much you pay for a divorce, but they are not all the same. Divorce lawyers can charge anywhere from $75 an hour to $500 an hour. On average, you can expect a divorce lawyer to charge around $250 an hour, but this varies among law firms, and from state to state.

Who Has to Pay Alimony After a Divorce?

Who pays the alimony depends on certain factors, which can vary from state to state. Most often, the spouse who earned the most money through the duration of the marriage is the person ordered to pay alimony. However, other factors, such as the spouses’ primary roles during the marriage, the number of dependents shared, and spousal collaboration, can also affect alimony orders. There are three common types of alimony that can be awarded by a court order in the process or conclusion of a divorce: temporary alimony, rehabilitative alimony, and permanent alimony.

Who Gets Custody of the Children After a Divorce?

Who gets child custody, and the limits set forth for visitation, all depends on the presiding judge, the state laws governing divorce and child custody, and several other influential factors. One of the most influential factors used by the family court system to assign custody of children after a divorce is the determination of the primary caretaker. A primary care-taker is the parent who customarily tends to certain basic needs of the children, such as bathing and grooming, meal prepping and cooking, driving, health care decision-making, basic skills teaching, educating and helping with homework, and planning and participating in recreational activities.

Is Divorce the Right Choice For My Family?

If you are married and reconsidering your relationship, but are not ready to file for divorce, you may still have other legal options. Contact the Law Office of Shane T. Herbert at 407-236-4852 to get trusted legal advice from a seasoned Orlando marriage lawyer. Our Florida family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. And for your added convenience, office visits are not required for initial consultations! You can choose to have your first appointment over the phone or even video conference, if needed.

Shane T. Herbert, Attorney at Law
Shane T. Herbert, Attorney at Law 407-236-4852
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