Florida Divorce FAQS That Will Help You Make a Choice

Posted on November 1, 2019 by shanelaw2019

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.

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 407-887-7058

The Do’s and Don’ts of Divorce

Posted on September 3, 2019 by shanelaw2019

Not all divorces are guaranteed to be easy. However, you can do your part to ensure the best possible outcome of your divorce by avoiding negative choices and taking positive steps in the right direction. To help understand how to achieve this resolve, continue reading to learn the most important do’s and don’ts of divorce.

Divorce Attorney Orlando, Florida 407-887-7058

What You Should Never Do During a Divorce

Making bad or impulsive decisions during a pending divorce can render a long list of challenges for both you and your divorce lawyer. Not only can it increase your personal stress, it can make it more difficult for your lawyer to represent you and it can displease your presiding judge.

To ensure you do not make any mistakes or poor choices when legally terminating your marriage, follow these important DON’TS of divorce:

❌ Do not make any large purchases, such as a house or car.

❌ Do not hide property or other assets.

❌ Do not give away property or assets as gifts.

❌ Do not withdraw cash for unauthorized purchases.

❌ Do not move out of the country.

❌ Do not withhold information during the discovery stage.

❌ Do not post about your life or divorce on social media.

❌ Do not remove your spouse off of your insurance policies;

❌ Do not turn off utilities to spouse’s home.

❌ Do not bad-mouth your spouse to, or in the presence of, your children.

❌ Do not violate any custody arrangements or court orders.

❌ Do not make threatening remarks to your spouse or anyone else.

❌ Do not get in trouble with the law.

What You Should Do

In addition to avoiding certain errors of judgement or impulsive behaviors, you can take the initiative to do things that will improve the divorce process. These tips will help speed up the timeline and get more of what you want out of a divorce.

✅ Hire a divorce lawyer to represent your case.

✅ Understand all the options for dissolution of marriage in your state.

✅ Ask your attorney many questions to fully understand your situation.

✅ Fully disclose all information regarding assets, income and finances.

✅ Be reasonable and fair with your spouse;

✅ Cooperate with court orders and mediation;

✅ Communicate respectively and effectively with your spouse pertaining to kids’ schedules and visitation times.

✅ Support your children as much as possible through the process.

✅ Stay off of social media.

Not Quite Ready to Get a Divorce?

If you are not ready to file for divorce just yet, there are some other options that might be a better fit for your family. Talk to a licensed divorce attorney who can provide trusted advice and guidance on all your family legal matters related to marriage and separation. They have the knowledge and experience to represent the best interests of both you and your family, regardless of your definitive decision.

Contact Our Florida Divorce Law Firm

Call Attorney Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned divorce lawyer 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.

Orlando Family Lawyer 407-887-7058 — Shane T. Herbert Law 407-887-7058

Frequently Asked Questions About Divorce in Florida

Posted on August 5, 2019 by shanelaw2019

Divorce is never guaranteed to be easy on the heart, but it can be easy in terms of convenience and efficacy when you have a seasoned divorce lawyer representing your side. While waiting to have your initial consultation with an attorney, it may help to review some frequently asked questions about getting a divorce in Florida.

Continue below to get started, and to learn where to turn when you need trusted advice regarding marriage, divorce, and all other family legal matters.

Divorce Lawyer Orlando, Florida 407-887-7058

How Do I Get a Divorce in Florida?

Do I Need a Lawyer to Get a Divorce?

The state of Florida does not require you to have a lawyer represent or facilitate your divorce. However, attempting to divorce without legal representation can result in significant financial losses, child custody rights, and more. Unless both parties fully agree on all matters related to divorce, it is strongly encouraged for both parties to hire a divorce lawyer.

How Long Does it Take to Get a Divorce?

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. If a divorce is contested, the court will decide on any and all unresolved issues, which can take up to 6 months or longer. If a divorce is uncontested, the process is much faster, and generally resolves within 5 to 6 weeks. 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.

Is Mediation a Good Option for Divorce?

Mediation is a common alternative to negotiating divorce settlements. Both parties and their respective divorce lawyers hire a neutral third-party, or mediator, to help both parties discuss family matters and come to an agreement. Mediation is cheaper, more private, and often times, more amicable type of closure. Best of all, mediation allows both parties to be in control, rather than an impersonal court.

Are Alimony and Spousal Support the Same?

Alimony is the same as spousal support, both of which are also interchangeably referred to as spousal maintenance. There are, however, several different types of alimony, such as temporary alimony, permanent alimony, rehabilitative alimony, bridge-the-gap alimony, and durational alimony. Be sure to check back for an upcoming blog discussing the differences among these types of alimony.

How Much Alimony Will Be Ordered?

The amount of alimony you will receive from or pay to your ex-spouse will vary depending on various factors. However, the top contributing factor in calculating how much alimony is to be paid to a spouse is the length of the marriage. The longer a couple was married, the more alimony can be expected. Additional factors might include income sources of both parties, the earning capacity, educational history, skills, and employment capability of each spouse, child support duties, and whether or not adultery was committed. Keep in mind that here in Florida, alimony is not a guarantee, nor does a set schedule or statutorily-defined formula exist for alimony payments when granted by the court.

Can I Request Temporary Alimony?

In most cases, you can request temporary alimony in Florida. However, it does not mean you will be granted any alimony. You would need to go to court directly after filing your divorce petition, and ask for an order of temporary alimony. The court will then compare your needs to your spouse’s ability to pay in order to calculate an affirmative amount of temporary alimony.

✨ Stay tuned for Friday’s blog discussing the frequently asked questions about kids when it comes to divorce, including child support, child custody, guardianship, and more.

Where Can I Get Legal Advice About My Divorce?

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned divorce lawyer 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.