Divorce is confusing–there’s a lot of misinformation out there. Everyone knows someone who has been divorced and it’s not uncommon for people to have strong (and often incorrect) opinions. At Rosenfelt Family Law, we answer questions via telephone about family law and divorce from 8 in the morning until 9 at night, 7 days a week. We also offer free consultations in our office in the historic district in downtown Longwood, Florida.  Here are 10 questions that come up frequently:

1. What is the fastest that someone can get divorced in Florida?

Answer: Courts in Florida require that parties wait a minimum of 20 days from the date that the divorce was filed before it can be finalized. Sometimes people that are married “break up” without getting divorced and then want to get divorced quickly after they become interested in someone else. Even when nothing is contested, it’s much quicker to get divorced using a lawyer.

2. Can I take half of the money that is in the checking account and put it into a separate account in my name only?

Answer: Yes. But you need to do it BEFORE the divorce is filed. Many counties in Florida (like Seminole, Orange and Osceola) have Standing Administrative Orders that go into effect once the  lawsuit is filed that prohibit such activity.

3. Can I get legally separated from my spouse?

Answer: Florida law does not recognize legal separation. However, it is possible in Florida to have child support or spousal support (alimony) awarded by the court without filing for divorce. This can be useful if a married couple is not living together and one spouse needs financial support.

4. If I don’t agree with getting divorced (or want to stay married) can I avoid the divorce or fight it?

Answer: Florida is a “no fault” divorce state. The criteria for determining if a marriage qualifies for divorce from a legal standpoint is if it is “irretrievably broken.” A spouse who does not want the divorce can request that the court order the parties to attend marriage counseling. I’ve had a case personally where I’ve requested marriage counseling for a client and the marriage stayed intact! Regardless, you can’t force someone to stay married to you if marriage counseling doesn’t work.

5. How long do I have to live in Florida before I can file for divorce?

Answer: 6 months. You must live in Florida for 6 continuous months to satisfy the residency requirement.

6. How is child support calculated?

Answer: Child support is calculated by using a formula that has been promulgated by the Florida legislature called the Child Support Guidelines. It’s possible to deviate upwards or downwards  from the guidelines if a motion is filed with the court and granted by the judge.

7. How is spousal support or alimony calculated?

Answer: There are currently no specific guidelines for calculating alimony in Florida. Generally speaking, for alimony to be awarded one party must have the need for it and the other party the ability to pay it.

8. Who will get the kids most of the time?

 Answer: Florida law requires that each divorce with minor children have a parenting plan that details who will have parental responsibility, time sharing and other related issues. In determining who will have the most time with the minor children, Florida Courts are required to adhere to the “best interest of the minor child” standard. As a practical matter, courts in Florida are more likely to order 50/50 timesharing (or close to it) now more than ever before.

9. Is it possible for me to get exclusive custody (timesharing) of the kids?

Answer: Very unlikely. In some cases, courts will award supervised visitation temporarily. Generally, you can’t keep parents from their children and vice versa.

10. My spouse has been abusive. Can I recover pain and suffering?

Answer: No. Pain and suffering are concepts associated with negligence and personal injury lawsuits in which a party has been injured. There are some very limited exceptions.

Divorce is stressful because it involves change and uncertainty. There is no reason to be afraid of divorce. Having an experienced, caring attorney makes it easier to navigate the process with dignity and grace. We will help you. Feel free to contact us with your questions or to set up a free consultation.