While everyone enters a marriage believing it will last a lifetime, statistics show that Florida’s divorce rate is one of the highest in our nation. Divorce is a difficult decision, and if you are considering ending your marriage or have been served divorce papers, it is important to consult with an experienced divorce attorney to protect your rights and future.
The Palm Coast family law attorney at McGee Law, PLLC, understands divorce’s profound emotional and financial impacts on your family. We have compiled a list of frequently asked questions, as learning the basics about what to expect can help you deal with the challenges ahead.
- What is a no-fault divorce? When filing for a Florida divorce, neither spouse needs to prove any wrongdoing of the other. A divorce can be filed if one or both spouses believe the marriage is irretrievably broken. Additionally, a spouse may seek a dissolution of marriage if the other spouse has been mentally incapacitated for more than three years.
- Can you explain equitable distribution? Equitable distribution determines the division of assets and debts. Your property, assets, and debts in Florida are not a 50-50 split. Rather, the court considers factors such as marital vs. non-marital assets, the length of the marriage, contributions made by each spouse to the marriage, and any other relevant factors to determine what is fair.
- What are the recent changes in alimony laws in Florida? In 2023, Florida alimony reform under Florida Statute 61.08 brought significant changes. Most notable was the elimination of permanent alimony. The focus of the courts is now on limited-term support while transitioning from being married to divorced. Depending on your circumstances, a lower-earning spouse may be entitled to temporary alimony during the divorce. Once the divorce is finalized, the spouse may be awarded a bridge-the-gap, rehabilitative or durational alimony.
- What are the benefits of an uncontested divorce? When couples agree on the divorce terms, including child custody and visitation, child support, alimony, and the division of property and debts, they can file for an uncontested divorce. This type of divorce is typically resolved faster, costs significantly less, and gives couples greater control over the outcome. Uncontested, amicably resolved divorces are less stressful and can preserve a better relationship, which is important for co-parenting if minor children are involved. It should be noted that many uncontested divorces quickly turn contested when unexpected disputes arise.
- What if my spouse does not want a divorce, or we cannot agree on the divorce terms? Contested divorces are generally emotionally charged, tumultuous, and complex. Common disputes are over custody and visitation, alimony, child support, or the division of property and debts. In Florida, mediation is required to help resolve these issues; however, if mediation fails, a judge will determine the outcome. For a contested divorce, you may incur significant attorney’s fees, court costs, and other expenses as you go through the judicial process.
- How is child support calculated? Parents in Florida must provide their children with food, clothing, shelter, healthcare, and education. Child support is determined by the Florida Child Support Guidelines, found in Florida Statute 61.30. A table of income levels determines the amount of child support based on both parents’ income, and the number of children. The child’s needs and the number of overnight visits with a parent are also factors in determining the amount of child support.
- What is a simplified Florida divorce? If a couple meets certain requirements, they may be eligible for a simplified divorce. Eligibility criteria includes no minor or dependent children from the marriage, and the spouse cannot be pregnant. One of the parties must be a Florida resident for at least six months before the date of filing. Both parties must agree on and complete a marital settlement agreement, including a written property division agreement. It is a streamlined process that is less expensive than a traditional divorce, is finalized faster, and is a more amicable approach to ending a marriage. Additionally, there are fewer documents to complete, and the couple can file these jointly.
- Do I need a divorce lawyer for a dissolution of marriage? Florida law does not mandate representation by an attorney when filing for divorce. However, it is strongly advised when facing a complex family legal issue like divorce. Your decisions today will affect your financial stability, relationship with your children, and future.
Empowering Families through Compassionate Florida Divorce Services
At McGee Law, PLLC, we are committed to providing personalized support and guidance throughout your divorce. We will explain each step of the process, ensuring you make informed decisions affecting you and your family. We recognize the financial impact of divorce and do our best to work within your budget as quickly and efficiently as possible. Our offices are located in Palm Coast, Florida. Book a free consultation online or call (386) 320-7300 to meet with our experienced Palm Coast family law attorney. Together, we can resolve your legal challenges today to create a brighter tomorrow.
