Florida Divorce
If you are looking for Florida divorce help in the form of answers to commonly asked Florida divorce questions, divorce help articles, or information on the divorce laws (dissolution of marriage) in Florida, then this area of the LaGamba Law Firm web site should be a great help to you.
You’ll find Florida Legal Information about divorce, separation, mediation, and alimony. Should you be seeking information about a divorce with a child or children, please also visit our Florida Divorce with Children area as well for questions on child support, child relocation and child custody.
Should you be ready for a free initial consultation on divorce or Family Law with the LaGamba Law Firm in the Winter Park/Orlando, Florida area, please contact us at: (407) 644-2315.
Florida Divorce Questions and Answers
Q: What is meant by the term “divorce?”
A: A divorce, or a “decree of dissolution of marriage,” is a court order terminating a Florida marriage. After a divorce, the marriage no longer exists. Unlike an annulment, which states that the marriage was never valid or never existed, a divorce is the termination of a valid marriage.
The outcome of the divorce should seek to resolve all issues between the parties, such as the division of property, child custody and visitation, and spousal and child support.
Q: I want to divorce my spouse—what’s the first step?
A: There are many complex legal issues when it comes to divorce—from the division of property and debts, to child custody and visitation rights.
You should seek a qualified attorney before beginning the process of divorce. A skilled attorney can help you avoid personal and/or property matters that may cost you money down the road, and will represent your best interests in resolving any financial complications that may arise.
An attorney also can help avoid the possibility of one party claiming that he or she was taken advantage of because all facts were not disclosed. An attorney can also help you determine if mediation or a collaborative approach is appropriate in your case.
Q: Can my spouse and I share one Florida divorce attorney?
A: This is almost always a bad idea and I don’t recommend it- even when a couple thinks they agree on all issues involved in a divorce and think it’s logical to save money and use one attorney to just “handle the paperwork.”
Attorneys recognize the possibility of conflict of interest, in which it is impossible to represent both sides fairly and in actuality can only representing one side. Florida attorneys really can’t represent both sides equally, since in Florida divorce is still usually an adversarial proceeding.
In addition, using separate lawyers does not have to lead to creating conflict where none existed; it may be invaluable, however, in making it clear that parties have not considered every potential issue, and have disregarded something that may come back to haunt them later.
Q: Do I need to give a reason to get divorced?
A: Florida is a no-fault divorce state, meaning that you do not to prove that one spouse is “at fault” for causing the divorce. The only grounds needed for a Dissolution of Marriage in the state of Florida is “irreconcilable differences,” which have caused the irremediable breakdown of the marriage. The court shall enter a decree of dissolution under these grounds if the other party does not deny that the marriage is irretrievably broken.
If your spouse is incurably insane, that is another ground for divorce in Florida. Another requirement to file for divorce in Florida is that you are a resident of the state, having lived in the state for at least 6 months prior to filing. Lastly, the court needs to obtain jurisdiction over the issues in the case and that may mean Florida is the last place both parties lived together as husband and wife. There are times when the legal requirements can become blurred, so it may be in your best interest to consult with an attorney from the LaGamba Law Firm.
Q: What if I want a divorce and my spouse does not?
A: Divorce can be entered unilaterally, meaning that as long as one party seeks a divorce, the marriage can be ended. That being said, the divorce process goes much more smoothly and quickly if both parties agree upon getting divorced and one party is not trying to impede the process, which can be accomplished by various means of contesting the divorce, hiding assets, etc.
Q: What does contested/uncontested divorce mean?
A: A contested divorce is one where the couple has one or more issues, usually custody and property, that they cannot settle and are not resolved. An uncontested divorce is one without unresolved issues and when a final judgment can be entered without a trial. When there are no contested issues in the divorce, it may appropriate to try mediation or a collaborative law approach.
A: Mediation is an informal process where you and your soon-to-be ex-spouse meet with a neutral third party, called a “mediator,” and you try to negotiate an agreement in regards to your divorce. The Family Law mediator isn’t a Judge and will not be making any decisions for the parties.
The goal of mediation is to reach an agreement on things like property distribution, child support and custody, and alimony without going to court.
Mediation is often faster because you and your soon to be ex-spouse determine the schedule and the issues. It’s also usually less expensive because you can control the cost, which is usually about 1/10 to 1/3 the cost of a typical divorce case. Mediation is most successful in cases where there are not many contested issues and the parties are on relatively good terms. If mediation is not successful, you can still always take your case to court.
Q: Why should I try to mediate?
A: Depending on where your case is or the jurisdiction of where it will be held, the parties may be court ordered to go to mediation. If you don’t go, you could be in violation of a court order.
No one knows your family better than you and your spouse (or other parent). The process of mediation attempts to move two diverse positions into a single agreement that works best for the family (especially when people have children).
What works for one family doesn’t always work for every family. Time sharing schedules, and needs of children are all very personal, so having the right mediator can help the parties achieve an outcome that works positively for all concerned.
Q: What are the goals associated with Mediation if going to Mediation before filing anything with the court?
A: Goals associated with attending Mediation before filing anything with the court are set up to help parties reach an agreement on real estate (property), assets and debts (equitable distribution), child support and time sharing (custody), alimony, and everything else without going to court.
Mediation is often faster because you and your soon to be ex-spouse determine the schedule and the
issues. It’s also usually less expensive because you can control the cost, which is usually about 1/10 to 1/3 the cost of a typical divorce case. Mediation is most successful in cases where there are not many contested issues and the parties are on relatively good terms. If mediation is not successful, you can still always take your case to court.
Q: How long does a single mediation take?
A: Mediation takes as long as the parties want to attend and the issues are being addressed.
If the parties come to an agreement, a settlement agreement is drafted and everyone signs. If the parties do not come to an agreement, the have reached an impasse.
Q: Do we need to hire an attorney before we hire you as a mediator?
A: No, but I will not represent either of you for your court case or as joint representation. My work as a mediator in your case is to remain neutral.
Q: Can we attend mediation before we file for divorce and can you represent both of us to finish the divorce?
A: Yes, you can attend mediation before you file for divorce, however, as mentioned in the F.A.Q. on divorce, it would be a conflict of interest to represent both sides.
Q: What makes you different from another mediator?
A: Not only am I a divorce attorney, but I’m also a certified public accountant (CPA). I can read complicated financial information, understand how much businesses are worth and can help take a difficult divorce into settlement mode.
Should you wish to explore Family Law Mediation, Esquire Dorothy LaGamba is a Certified Family Law Mediator in the Orlando/Winter Park area of Florida and may be able to help you with your local case. She can be reached at: 407-644-2315.
Q: What is a legal separation?
A: There is no such thing as a legal separation. A separation occurs when a married couple decides they no longer want to live together, and then choose to live apart, though they are still married.
Q: Is there any requirement that I physically live apart from my spouse while I file for divorce?
A: There is no requirement that you live apart, but it is important to keep track of when you began living apart from a spouse for the purpose of accounting of what marital debts and assets have been acquired or paid and by whom.
Q: How will our property be divided in a Florida divorce?
A: In Florida, generally all property that has been acquired during the marriage is considered to be marital property, with the exception of property acquired through a gift or inheritance. Marital property needs to divided through a process called Equitable Distribution.
What is Equitable Distribution?
A: Equitable Distribution divides the assets and debts of the parties. This includes personal property, cars, real estate, shared savings and checking accounts, stocks, bonds, shares or interest in a business, 401K, 403B, pensions and insurance
policies.
You might think property is something with value, but in fact even things that you might think have “no value” can be classified as property. For example: debt (loans, credit cards) goodwill, business name, professional degree or license, trade mark, copyright etc.
Even if one spouse has earned all the money or a greater portion of the money to acquire the property, all the property is considered marital property. The court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on a variety of relevant factors such as the duration of the marriage, economic circumstances of the parties, etc.
A: Today, alimony is more commonly termed “spousal support” or “spousal maintenance,” referring to payments or transfers of money or assets from one spouse to another after a divorce. Spousal support laws in Florida seek to prevent a divorced spouse from suffering from a decrease in his or her standard of living. Often times after divorce, one spouse is untrained or has been out of the workforce for such a significant amount of time that it would be difficult, if not impossible, for them to quickly attain a job or professional position that would allow them to maintain the standard of living that they may have had while they were married.
Q: How is alimony or spousal support determined?
A: Florida, marital property distribution is awarded then support payments (if any) can be awarded, which is why it can become a very intricate part of the final outcome of any divorce. The court may award support to either spouse in any amount and for any period of time that the court deems just and reasonable, based on the standard of living achieved during the marriage.
Alimony can be permanent, rehabilitative, bridge the gap, or durational. In determining a proper award of alimony or maintenance, the court may consider adultery and other circumstances in their award. The following alimony guidelines are established under Florida laws:
- The standard of living established during the marriage.
- The duration of the marriage.
- The age and the physical and emotional condition of each party.
- The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each.
- When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
- The contribution of each party to the marriage, including but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
- All sources of income available to either party.
Q: Do all divorces involve a spousal support settlement?
A: No, this is a common misconception. Only about ten to fifteen percent of all divorces or separations have any sort of spousal support as part of the final divorce judgment or decree.
Q: What is rehabilitative alimony?
A: Rehabilitative alimony is financial support that is provided for a short period of time after the marriage is dissolved and to allow the receiving spouse time to get adjusted, establish him or herself financially by obtaining skills to become self-supporting. The process to obtain rehabilitative alimony is heavily evidentiary.
Q: What is bridge the gap alimony?
A: Bridge the gap alimony is financial support that is to fulfill a specific and limited purpose of meeting a short term financial difficulty, such as a transition from married to single life. Bridge the gap alimony is normally a much shorter time span than rehabilitative alimony.
Q: What is durational alimony?
A: Durational alimony is financial support that is awarded when permanent periodic alimony is inappropriate. Durational alimony is to provide economic assistance for a set period of time in marriages that are not considered long term.
Please contact us at the LaGamba Law Firm to schedule a consultation. We’ll take the time to explain your rights, obligations and options under Florida’s parental relocation laws.
To Contact the LaGamba Law Firm about any of your Florida Family Law Legal needs, please call: 407-644-2315.