FLORIDA DIVORCE FAQS
If you are wondering how to get divorced in Florida or about any other aspect of Florida divorces, we can help. At The Law Office of Lawrence S. Katz, P.A., we strive to educate and inform you so you can make the very best decisions for your family. With many years of experience, our knowledgeable divorce attorney provides answers to questions regarding divorce in Florida:
- On what grounds can I institute divorce in Florida?
- How long does it take to get a court date or to have my case fully resolved in the Florida divorce process?
- How much does it cost to file a petition for dissolution of marriage?
- What is mediation?
- Since filing for divorce, my spouse refuses to let me see our child. Is there anything I can do about it?
- How is child support calculated?
- If I am a stay-at-home parent, how can I pay for living expenses while the divorce is pending?
- How is custody determined?
- How is spousal support determined?
The Law Offices of Lawrence S. Katz, P.A. provides powerful, professional representation in complex family law matters. Our experienced, highly rated lawyer has the skill and knowledge to guide you through the Florida divorce process. Contact The Law Offices of Lawrence S Katz, P.A. at 305-670-8656 or online to discuss your case.
What are the grounds for divorce in Florida?
Florida is a no-fault divorce state. This means that you can get a divorce or dissolution of marriage on grounds that the marriage is irretrievably broken or that one of the parties is mentally incapacitated. You can also allege traditional grounds for divorce, such as adultery or abandonment, if it is strategically wise to prove fault in your specific circumstances. Proof that the other spouse committed acts of domestic violence, made false statements on government forms or dissipated assets can work to your benefit when it is time for the judge to make decisions regarding child custody, alimony and property divisions.
How long does it take to get a court date or to have my case fully resolved in the Florida divorce process?
The length of the Florida divorce process in your case depends on the circumstances of your particular situation, your spouse and their attorney. An uncontested divorce can be finalized in a matter of weeks. Complex matrimonial issues can take much longer, even years, to finalize. If spouses are able to reach an agreement on all material issues in the divorce, the time it takes to get divorced can be significantly shortened. We work hard to quickly and efficiently reach the resolution that works for you and your family.
In Miami-Dade County, the clerk of the court charges $409 to accept your petition for dissolution of marriage and officially open a court case. This fee is collected by Miami-Dade County at the time the petition is filed and is in addition to the cost of the issuance of a summons and the legal services we provide.
Mediation is essentially a negotiation process facilitated by a neutral third party, the mediator. The mediator meets with the parties and their attorneys to explore ways to resolve disputed issues in a divorce. Some judges order parties to participate in mediation before they can get a final hearing date. An order to participate in mediation is simply that — an order to participate. It is not an order to settle the case. Naturally, we expect that the parties will act in good faith in an effort to resolve the case without protracted litigation.
We can assist you in filing for a temporary relief order to give you a parenting plan and time-sharing with the children until the final hearing. If you do nothing, you risk letting your relationship with your children deteriorate. Inaction could also lead the court to believe that the children are not that important to you.
Children are entitled to financial support from both parents, and the amount of child support due is based, in part, on both parents’ incomes and the amount of time-sharing each parent has with the minor child. Generally, the parent with whom the child lives the majority of the time receives child support from the other parent or, in equal time-sharing plans, the parent who has the lower income will receive child support.
Stay-at-home parents often worry about being able to provide for themselves and their children during divorce. Our compassionate family law attorney can help you get temporary spousal support and temporary child support to provide for your family until the divorce is resolved.
Judges consider a number of factors when deciding who gets a certain percentage of overnights of the children. Factors include the strength of each parent’s relationship and bond with the children, which parent is the primary caregiver for the children, which parent is most likely to encourage visitation (time-sharing) with the other parent and whether each parent is physically and mentally capable of caring for the child. Previous domestic violence, aggression, neglect, abuse and other bad behavior weigh heavily against a parent seeking custody.
There is no set amount or formula for calculating spousal support in Florida. Rather, judges consider a number of factors, including:
- The length of the marriage
- Each spouse’s education and skill level
- Whether either spouse is disabled
- Evidence of fault for the breakdown of the marriage, if any
- Financial needs of the spouse asking for alimony
- Whether the responding spouse has the ability to pay alimony
The Law Offices of Lawrence S. Katz, P.A. uses every tool at our disposal to discover evidence in support or in defense of a request for alimony.