Orlando Divorce FAQs

Frequently Asked Divorce Questions

Here you will find frequently asked divorce and family law questions. Please note, this F.A.Q. is intended to provide information general in nature and is not intended to be legal advice for your case. For specific questions about your case, please contact Jane Goodlaw via e-mail: rbarbour@esaigroup.com or phone: (407) 898-3150.

How long does it take to get a divorce?
You and your spouse have control over the length of time it takes to get a divorce. If all issues are uncontested, the divorce can be complete in as little as 3 months but there are many factors that affect the time needed. Whether there are children, and the agreement on dividing of the property for example.

Will child custody rulings always go to the mother?
No. Over the years there have been many changes to our laws regarding child custody or time sharing. You and your attorney must meet and discuss a parenting plan and what you believe to be in the best interests of your child or children.

How is the amount of child support decided?
There are specific guidelines the court uses when determining the amount of child support that is adequate. These guidelines take into account: the income of both parents, the expenses of the children including health insurance and any other expenses related to the care of your child. The court of course may deviate from the guidelines, but must state the reasons in writing.

What do I do if my spouse stops paying child support?
Florida has strong measures in place for enforcing child support. First a motion is filed to place the non-paying party in contempt of court. If the court grants this motion, enforcement is forced and the penalties can include jail, suspension of driver licenses, and suspension of professional or trade licenses.

How is property divided?
This can be among the most contested areas of a divorce.  Marital property includes everything that could be considered an asset. Your cars, house, investment property, bank accounts, 401K retirement accounts, stocks, furniture, jewelry, etc. You have rights when it comes to how the marital property is split in divorce and you need to know what your rights are regarding the equitable distribution of property in Florida.

Property division takes the most Court hearing time. If you and your spouse can agree on how to split the property beforehand the court can approve it and incorporate it into the Final Dissolution of Marriage. Otherwise the Court will set the matter for hearing and make a ruling on how to divide your property.

How is alimony determined?
Although there are no exact guidelines for alimony in Florida law, the law does list factors for a judge to consider: The lifestyle of the couple prior to the divorce, the length of the marriage, the ability of one spouse to pay money and the needs of the other spouse. The court will also look at your ability to work, as well as how much you earned. Other factors include the amount and nature of all property divided.  Either spouse can be granted alimony.

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