Answers To Frequently Asked Florida Family Law Questions
One of the toughest parts of going through a divorce or facing a family law matter is not knowing what is going to happen. Unanswered questions can lead to many stressful days and sleepless nights.
In the hopes of easing your trepidations, below is a list of commonly asked questions with answers about family law in Florida:
Who Gets The Kids In A Florida Divorce?
Florida law is dedicated to doing what is in the best interest of the child. In most cases, that means creating child custody (also known as time-sharing) arrangements that allow the child to have a continued relationship with each parent. While each parent may not spend equal time with the child, each parent should play an active role in the child’s upbringing.
Who Gets The Property In A Florida Divorce?
In Florida, property is to be divided equitably. Equitable means fair. Fair does not always mean equal. While a 50-50 division of property is a good starting point, the balance may be shifted based on a number of factors that should be taken into consideration. These factors include the age, income level and earning capacity of each spouse.
How Long Does A Florida Divorce Take?
The divorce timeframe will depend on whether you and your spouse can reach agreements. An uncontested divorce, which is a divorce in which there are no issues in dispute, might be finalized in a month or so with the help of an efficient lawyer. If there are disputes over property division, child custody or any other issue, extra time will be needed. Are you and your spouse able to negotiate an outcome? If not, and the case must be taken to trial, it is possible for the process to take up to a year or more, depending on how taxed the courts are.
Will Alimony Be A Part Of My Divorce?
You have the option to request that alimony is part of the divorce agreement. If you and your spouse are able to come to a mutual agreement about alimony then it will be added. If you cannot reach an agreement with your spouse, then a judge will have to review the case and determine if you are eligible for alimony. If you are looking to earn alimony in your divorce, you must request it during a divorce. After the divorce, you will not be able to request alimony, so it important to decide to pursue it right away.
What Are The Unique Aspects Of A Military Divorce?
In a standard divorce, there is a formal procedure for when certain events are supposed to occur, such as when the responding spouse must file their formal response. If one of the spouses is on active duty, then deadlines such as these may be extended. At certain hearings where both spouses my be present, active duty is one of few examples which would allow someone to attend the hearing by teleconference. Military members also have access to military attorneys that provide a wide range of legal services. The non-active spouse also needs to meet unique qualifications to earn military benefits after a divorce as well.
Will My Case Go To Trial?
Most divorce and family law cases do not go to trial. With a skilled attorney on your side, you may be able to resolve disputes without the need for a battle in court. In fact, trial should be avoided if possible, because it takes the decision-making power out of your hands and puts them in the hands of a judge who has never met you before. However, you should choose an attorney who is competitive and willing to fight, one who has spent time in the courtroom and understands how to argue in front of a judge, in case trial becomes necessary.
How Much Will It Cost?
There are fees involved in divorce and family law cases that are standard, but much of the cost depends on the lawyer you choose. At our law firm, we put a lot of care into making certain our clients feel they are receiving effective representation at a fair price. We are clear and upfront about our fees and billing methods, and some services are available on a flat-fee basis. We do not over bill, and we are not motivated to run up the bill. We are motivated to get you through this emotional process so you can move on with your life.
Do I Need An Attorney For My Family Law Matter?
Ultimately, you are the only one who can decide whether you need an attorney. Family law is complex. There are many nuances, not only in the law books but also in terms of how the law is practiced in the courtroom on a daily basis. Without knowledge of those nuances, you run the risk of making errors that could cost you time and money, and possibly worse yet you may miss opportunities that would have led to a more positive outcome.
At Wood Law Firm, we take great care to educate the people we represent about all aspects of family law. We have been handling these matters for more than 10 years. We know the law and can help you.