FAQs Archive - Page 3 of 3 - Divorce Attorney Weston Florida

Q: We want to get divorced amicably; what are my options?

There are several options. A settlement agreement can be reached through negotiations between the attorneys, or your attorneys may consider it necessary to go to mediation. There is also the collaborative process where spouses and their lawyers with special training in collaborative law commit to settle all their differences out of Court. It is best to consult with an attorney to decide which option is the best for you.

Q: Who pays the lawyers?

Generally, each spouse pays the initial retainer to his or her own lawyer. If you are the spouse in need of financial help, your attorney can request temporary support for you and also attorney’s fees to help cover the costs of your representation. Same as alimony, awards of temporary attorney’s fees are based on your need and your spouse’s ability to pay.

Q: Will my spouse be obligated to support me after divorce?

It depends. Alimony is based on your need and your spouse’s ability to pay. We do not have “alimony guidelines” in Florida, that is why it is so important to have competent attorneys representing you. There are several factors that the Court will consider when granting alimony, such as the length of the marriage.

Q: Can I move with my children after the divorce?

Unless your former spouse agrees to it, you will need to file a petition for relocation if you want to move with the child(ren) more than 50 miles away from the other parent’s residence.

Q: Can I get "full custody" of my children?

The new language for “full custody” is “sole parental responsibility.” Most parents in Florida have shared parental responsibility. In order to obtain sole parental responsibility, you will have to prove to the Court that shared parental responsibility is detrimental to your child(ren).

Q: All of our assets are under my spouse's name. Am I still entitled to something?

Yes. The general premise is that everything acquired during the marriage is to be split 50/50, regardless of title. There are many other factors that are important to consider, such as inheritances and pre-nuptial agreements.

Q: Can I get divorced without a lawyer?

Yes, you could. You will be a “self-represented litigant.” But unless yours is a very simple case, it is not recommended. There are steps and procedures that you must follow. The slightest mistake can cost hours of an attorney’s time to fix. There are also rights that may be waived forever unless exercised on time.

Q: My spouse does not want to get divorced. What can I do?

You do not need spousal consent to get divorced. You do not need to prove grounds for your divorce either. All the Court will require from you to dissolve your marriage is that you state, under oath, that, in your opinion, the marriage is irretrievably broken.

Q: We are having problems but I am not ready to get divorced; can we legally separate?

In Florida we do not have a “legally separated” status. If you decide to live apart, you will still be legally married until a final judgment for dissolution of marriage is entered.

Q: I was married in another country. Can I get divorced in Florida?

Yes, as long as you and/or your spouse have resided in Florida for at least 6 months, regardless of your immigration status.

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