Frequently Asked Questions About Divorce in Florida

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
Divorce Lawyer Orlando, Florida 407-887-7058

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.

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.

Orlando Family Lawyer 407-887-7058
Shane T. Herbert Law, LLC (407) 236-4852

Common Family Law Practice Areas

Family law is a branch of law that deals with legal matters that have to do with families. The fundamental family legal practice areas within this branch of law include divorce, marriage, child support, and guardianship. Moreover, each umbrella category of family law has its own distinctive range of legal applications. If you are currently in need of family legal assistance, it is wise to learn more about the laws surrounding your particular family-related legal matters. The best way to get started is to contact a seasoned Orlando family lawyer in your town for trusted advice unique to your case.

In the meantime, continue reading for a brief description of each practice area of family law.

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Orlando Family Law Attorney 407-887-7058

⚖ Marital Law

Marriage law, or marital law, can include a wide range of family legal matters. Common areas include prenuptial and postnuptial agreements, marriage contracts, marital property arrangements, same-sex marriage, common law marriage, state marriage license requirements, age of consent marriage, name changes, and more.

⚖ Divorce Law

Divorce law is a prime category of family law. This practice area can include a vast range of legal issues and applications, including annulments, legal separation, dissolution of marriage, collaborative divorce, equitable distribution, time sharing, parenting plans, divorce planning, alimony, spousal support, divorce taxation, complex assets divorce, dispute resolution, property division, child support, child custody, name changes, and more.

⚖ Child Custody and Child Support Law

Child custody and child support law is another primary practice area of family law. Within this area of law, common cases involve paternity, adoption, guardianship, child support, custody, visitation, time sharing, parenting plans, relocation, foreign judgements, parental alienation, Father’s rights, grandparent’s rights, and more.

⚖ Guardianship Law

Guardianship is a common legal practice area that mostly deals with the legal custody of a non-biological child, disabled adult child, or an incapacitated adult. Guardianship law includes a wide scope of family legal issues. Common guardianship cases include adoption, emancipation, foster care, guardian ad litem, reproductive rights, and surrogacy.

A Florida Family Law Attorney You Can Trust

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned family law attorney in Orlando, Florida. We can help you resolve your family legal matters, regardless of which area of family law your case falls within. Our office is conveniently located in the Metro West area, within The Offices of Veranda Park, with ample free parking. And for your added convenience, office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed.

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

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Here on our blog page, you will find all sorts of countless free sources of information regarding family law topics, with new entries published every week. Additionally, you can learn more about our family law firm and how we can help you with your family legal needs by visiting our brand new website!

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

A Leading Orlando Family Law Office

Families come in all different shapes and sizes, and they all face their own set of unique legal challenges. Here at the Law Office of Shane T. Herbert, we put in the time to fully understand your family legal needs, and then meet them with the utmost professionalism and care.

As a small, client-focused Orlando law firm, you can expect personalized attention and sincere compassion, regardless of your case’s size or scope. And with proven results and outstanding CLIENT TESTIMONIALS, you can feel 100% confident that Shane T. Herbert will do everything in his power to deliver the legal results you are looking for.

Visiting Our New Website

When you visit our new website, you will be instantly presented with a wide range of easy-to-use legal sources, including an email form you can submit right from our HOME PAGE. Start by learning ABOUT US, including Shane T. Herbert’s academic and work history, accreditation facts and memberships, and even our COMMUNITY INVOLVEMENT. Then move onto our PRACTICE AREAS to learn more about your particular legal action. From general marriage and divorce, to child custody, child support, collaborative divorce, and more, our law firm

Please Contact Us Anytime

Our Orlando, 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. CONTACT US directly at 407-887-7058 to learn what you need to know about resolving or addressing your family legal matters, swiftly and securely.

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