{"id":48,"date":"2019-08-05T16:41:43","date_gmt":"2019-08-05T16:41:43","guid":{"rendered":"https:\/\/www.sherbertlaw.com\/blog\/?p=48"},"modified":"2019-08-05T16:41:43","modified_gmt":"2019-08-05T16:41:43","slug":"frequently-asked-questions-about-divorce-in-florida","status":"publish","type":"post","link":"https:\/\/www.sherbertlaw.com\/blog\/frequently-asked-questions-about-divorce-in-florida\/","title":{"rendered":"Frequently Asked Questions About Divorce in Florida"},"content":{"rendered":"\n<p>Divorce is never guaranteed to be easy on the heart, but it\ncan be easy in terms of convenience and efficacy when you have a seasoned\ndivorce lawyer representing your side. While waiting to have your initial\nconsultation with an attorney, it may help to review some frequently asked\nquestions about getting a divorce in Florida. <\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Continue below to get started, and to learn where to turn\nwhen you need trusted advice regarding marriage, divorce, and all other family\nlegal matters.<\/h2>\n\n\n\n<figure class=\"wp-block-image\"><img loading=\"lazy\" decoding=\"async\" width=\"900\" height=\"438\" src=\"https:\/\/www.sherbertlaw.com\/blog\/wp-content\/uploads\/2019\/08\/Divorce-Lawyer-Orlando-Florida-e1565023191145.jpg\" alt=\"Divorce Lawyer Orlando, Florida\" class=\"wp-image-49\" srcset=\"https:\/\/www.sherbertlaw.com\/blog\/wp-content\/uploads\/2019\/08\/Divorce-Lawyer-Orlando-Florida-e1565023191145.jpg 900w, https:\/\/www.sherbertlaw.com\/blog\/wp-content\/uploads\/2019\/08\/Divorce-Lawyer-Orlando-Florida-e1565023191145-300x146.jpg 300w, https:\/\/www.sherbertlaw.com\/blog\/wp-content\/uploads\/2019\/08\/Divorce-Lawyer-Orlando-Florida-e1565023191145-768x374.jpg 768w\" sizes=\"auto, (max-width: 900px) 100vw, 900px\" \/><figcaption>Divorce Lawyer Orlando, Florida 407-887-7058<\/figcaption><\/figure>\n\n\n\n<h1 class=\"wp-block-heading\">How Do I Get a Divorce in Florida?<\/h1>\n\n\n\n<p>In the state of Florida, there are three requirements for\ngetting a divorce. First, you must show proof that the marriage took place.\nSecond, you must prove that you or your spouse were a Florida resident for at\nleast six months before filing for divorce; and third, you must prove that the\nmarriage is in fact, irrevocably and permanently broken.<\/p>\n\n\n\n<h1 class=\"wp-block-heading\">Do I Need a Lawyer to Get a Divorce? <\/h1>\n\n\n\n<p>The state of Florida does not require you to have a lawyer\nrepresent or facilitate your divorce. However, attempting to divorce without\nlegal representation can result in significant financial losses, child custody\nrights, and more. Unless both parties fully agree on all matters related to\ndivorce, it is strongly encouraged for both parties to hire a divorce lawyer.<\/p>\n\n\n\n<h1 class=\"wp-block-heading\">&nbsp;How Long Does it Take\nto Get a Divorce?<\/h1>\n\n\n\n<p>The amount of time it takes to complete a divorce, from the\nmoment it is filed to the moment it is officially in effect, depends on\ncountless factors unique to each case. Mostly, it depends on whether or not the\ndivorce is contested or uncontested. If a divorce is contested, the court will\ndecide on any and all unresolved issues, which can take up to 6 months or\nlonger. If a divorce is uncontested, the process is much faster, and generally\nresolves within 5 to 6 weeks. Other major contributing factors on divorce\ntimelines include how quickly both parties can come to an agreement on all\nmatters related to the divorce, the traffic of family courts, the skill of your\ndivorce lawyer, and more.<\/p>\n\n\n\n<h1 class=\"wp-block-heading\">Is Mediation a Good Option for Divorce?<\/h1>\n\n\n\n<p>Mediation is a common alternative to negotiating divorce settlements. Both parties and their respective divorce lawyers hire a neutral third-party, or <em>mediator<\/em>, 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. <\/p>\n\n\n\n<h1 class=\"wp-block-heading\">Are Alimony and Spousal Support the Same?<\/h1>\n\n\n\n<p>Alimony is the same as spousal support, both of which are also interchangeably referred to as <em>spousal maintenance<\/em>. 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.<\/p>\n\n\n\n<h1 class=\"wp-block-heading\">How Much Alimony Will Be Ordered?<\/h1>\n\n\n\n<p>The amount of alimony you will receive from or pay to your\nex-spouse will vary depending on various factors. However, the top contributing\nfactor in calculating how much alimony is to be paid to a spouse is the length\nof the marriage. The longer a couple was married, the more alimony can be expected.\nAdditional factors might include income sources of both parties, the earning\ncapacity, educational history, skills, and employment capability of each spouse,\nchild support duties, and whether or not adultery was committed. Keep in mind\nthat here in Florida, alimony is not a guarantee, nor does a set schedule or statutorily-defined\nformula exist for alimony payments when granted by the court.<\/p>\n\n\n\n<h1 class=\"wp-block-heading\">Can I Request Temporary Alimony?<\/h1>\n\n\n\n<p>In most cases, you can request temporary alimony in Florida.\nHowever, it does not mean you will be granted any alimony. You would need to go\nto court directly after filing your divorce petition, and ask for an order of\ntemporary alimony. The court will then compare your needs to your spouse\u2019s\nability to pay in order to calculate an affirmative amount of temporary\nalimony.<\/p>\n\n\n\n<p style=\"background-color:#e9edf3\" class=\"has-background has-medium-font-size\">\u2728 Stay tuned for Friday\u2019s blog discussing the frequently asked questions about kids when it comes to divorce, including child support, child custody, guardianship, and more.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Where Can I Get Legal Advice About My Divorce?<\/strong><\/h2>\n\n\n\n<p><strong>Contact the Law Office of Shane T. Herbert at 407-887-7058<\/strong> to get trusted legal advice from a seasoned <a href=\"https:\/\/www.sherbertlaw.com\/practice-areas\/divorce.php\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\"divorce lawyer in Orlando, Florida (opens in a new tab)\">divorce lawyer in Orlando, Florida<\/a>. 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. <\/p>\n\n\n\n<figure class=\"wp-block-image\"><img loading=\"lazy\" decoding=\"async\" width=\"722\" height=\"178\" src=\"https:\/\/www.sherbertlaw.com\/blog\/wp-content\/uploads\/2019\/07\/Family-Lawyer-Orlando-FL.png\" alt=\"Orlando Family Lawyer 407-887-7058\" class=\"wp-image-23\" srcset=\"https:\/\/www.sherbertlaw.com\/blog\/wp-content\/uploads\/2019\/07\/Family-Lawyer-Orlando-FL.png 722w, https:\/\/www.sherbertlaw.com\/blog\/wp-content\/uploads\/2019\/07\/Family-Lawyer-Orlando-FL-300x74.png 300w\" sizes=\"auto, (max-width: 722px) 100vw, 722px\" \/><figcaption>Shane T. Herbert Law, LLC (407) 236-4852<\/figcaption><\/figure>\n","protected":false},"excerpt":{"rendered":"<p>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 &hellip; <a href=\"https:\/\/www.sherbertlaw.com\/blog\/frequently-asked-questions-about-divorce-in-florida\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":49,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[25,11],"tags":[22,23,21,20,24,9],"class_list":["post-48","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-divorce","category-family-law","tag-divorce-attorney-orlando","tag-divorce-faqs","tag-divorce-lawyer-florida","tag-divorce-lawyer-orlando","tag-florida-divorce-facts","tag-orlando-divorce-lawyer"],"_links":{"self":[{"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/posts\/48","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/comments?post=48"}],"version-history":[{"count":2,"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/posts\/48\/revisions"}],"predecessor-version":[{"id":51,"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/posts\/48\/revisions\/51"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/media\/49"}],"wp:attachment":[{"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/media?parent=48"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/categories?post=48"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/tags?post=48"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}