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What Is divorce?
Divorce is the legal process by which a married couple can have their marriage terminated. The legal process in Florida is only designed to manage the "housekeeping" factors of the divorce. It does not resolve any issues regarding fault, and "fault" in Florida makes no difference. Florida simply depends upon a declaration of "irreconciliable differences".
How do I get a divorce?
In Florida, a divorce requires a Court Order. The Court's Order will contain all necessary information to make the determinations of how to end the marriage and the specific rules that will establish the rules fr the divorce.
Do I have to file a lawsuit to get a divorce?
Yes, ultimately you have to file a lawsuit. The lawsuit commences with the filing of a "petition" asking the court to dissolve the marriage. it is important to understand that you can make ALL determinations about your divorce BEFORE you file the lawsuit. If you file the lawsuit, and then make the decisions you may find yourself in a very expensive legal battle that would have been easy to avoid.
What is mediation?
Mediation is an opportunity to resolve issues in a common sense manner using a variety of legal professionals. It avoids the expensive and time consuming evidentiary or trial issues that can happen if you leave it up to the Court and a Judge's determination. Remember the most expensive thing you can ever do is go to trial.
What must be decided in your divorce?
The elements of your divorce will include the following ; a parenting plan, the equitable distribution of property, child support issues and alimony. Sometimes there are collateral issues to be determined. In general, there are two documents prepared to terminate the marriage and decide these issues, the parenting plan and the marital dissolution agreement.
What is a parenting plan?
In Florida we do not determine "custody", we determine how parenting will be shared. This includes overnight visits, expenses, decisions, vacations, etc. Essentially all the rules required to set the stage for shared parenting.
What is alimony?
Alimony is the support money paid to one partner as the result of the impact the marriage has had upon the partner's ability to support themselves. While it is rooted in antiquated ideals Alimony is a very real and important part of a divorce. The rules for alimony are complex and there are a variety of categories of Alimony. An experienced attorney can assist you in understanding what you are eligible for and what you might pay.
What is Child Support?
Child support in Florida is simple. It is set by statute and determined based upon the income of the parents and the number of nights. Most people are surprised by how little child support the government actually requires be paid.