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 407-887-7058
Orlando Divorce Attorney 407-887-7058

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 407-887-7058 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 407-887-7058

How Much Does it Cost to Hire a Divorce Lawyer?

When making the decision to file for divorce, one of the main concerns is finances. As a result, the first question couples tend to ask themselves is how much it’s going to cost to hire divorce lawyers. But like the decision to end a marriage, the answer to this question is complicated. There are many variables that influence how much it will cost to have an attorney represent your divorce filing.

Continue reading to learn some facts that might help you better understand what to expect in terms of paying for a divorce lawyer.

Orlando Divorce Attorney
Orlando Divorce Attorney 407-887-7058

The Cost of Divorce

Divorce alone can put a financial stress on a family. So the concern about paying for a lawyer, especially if each spouse is retaining their own counsel, is a common one. The amount of money ultimately spent for a divorce lawyer depends on several factors unique to a client’s case. This means that divorce lawyer costs will vary from client to client. Factors that commonly influence the total cost of a divorce lawyer include, but are not limited to, the law firm’s payment rate business model, your place of residence, the relationship with your spouse, whether or not the divorce is being contested, and more.

For instance, if you are on friendly terms with your spouse, you have no children, nor own any property, a divorce should be relatively quick and inexpensive. In contrast, if you are in contention with your spouse and you have children and shared owned assets, it could take more time and effort to complete a divorce.

Here are Some Facts You Can Rely On

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. A lawyer can charge more for more complex and challenging divorces, or less for turn-key divorce solutions. 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.

For instance, a divorce lawyer on Rodeo Drive will likely charge more than one in Bowling, Ohio. Furthermore, it is important to know that most lawyers charge in increments of six minutes or less, which means that any simple lawyer-client interaction will cost you money. This includes phone conversations and possibly emails. Always ask your divorce attorney about their billing model to know exactly what and when you will be billed.

Cost-Saving Divorce Alternatives

There are several ways a couple can divorce in a cost-efficient manner. Two popular approaches are collaborative divorce and mediation. See our blog, “The Difference Between Mediation and Collaborative Divorce” to learn more about both options. Also, being more agreeable and making more compromises with your spouse helps make a divorce faster, which in turn makes it cheaper. Talk to your divorce lawyer about payment plan options, and advice on how to budget a divorce expense.

Ask a Trusted Orlando Divorce Lawyer

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice from a licensed divorce attorney in Orlando, Florida. You can choose to have your first appointment over the phone or even video conference, if needed. If you choose an in-office visit, our family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. We look forward to helping you resolve your family legal matters.

Shane T. Herbert, Attorney at Law
Shane T. Herbert, Attorney at Law 407-887-7058