FAQs Family Law
How long does a divorce take?
When facing divorce, you may wonder how long it will take. A divorce could be finalized in a few days, if the parties already know what they want to do and have all their financial information in
order for the attorneys, or could be drawn out over years, depending on the issues that you and your spouse face. Working with an experienced attorney can minimize the time and expense of litigation
and ensure that your rights are protected.
How does a court divide marital property?
Florida is an equitable distribution State, meaning that the court will divide the marital property 50/50 unless justice requires otherwise.
Am I entitled to spousal support or will I have to pay spousal support?
If you are a dependent spouse, you may be entitled to spousal support. Spousal support determinations can be complicated because of the discretion given to the court. An experienced attorney can
present your case effectively. The court will consider a number of factors including:
Can I get a modification to a divorce judgement or order?
If you have an original divorce order that establishes custody, child support or spousal support, you may be able to obtain a modification to that order based on a significant change in
circumstances. Custody arrangements can be changed if one party relocates or if the child has different needs. A support determination could be adjusted based on an increase or decrease in income,
such as losing a job, getting a new job with different pay, or retirement.
We can help you obtain a modification or challenge a proposed modification. It is important to understand that support orders cannot be modified retroactively. Therefore, as soon as there is a
need for a modification of a support order, you should immediately consult a family law specialist.
If I am not the father, do I need a paternity lawyer?
If you are an alleged father in a paternity case, it is important to challenge the assertion with experienced legal advocacy if you believe you are not the biological father of the child. Failure
to challenge paternity after it has been presumed or established could leave you open to child support obligations even after paternity has been disproved.
Even divorces with minimal conflict can be complicated. You may think that you and your spouse are in agreement about major points including financial settlements, property and children. It is
important that an experienced advocate review your settlement and work independently on your behalf to ensure that your immediate and future rights are secure.
Will I have to pay all my attorney’s fees and will I have to pay some of my spouse’s attorney’s fees?
In Florida divorces, the court has the authority to order a party to pay some or all of the attorney’s fees and litigation costs of the other spouse. The purpose of such orders is to make
sure that both parties have access to quality legal representation to level the playing field so that the party who has more assets or income cannot overwhelm the other spouse. If you feel you cannot
pay an attorney to represent you, you should still check with a family law attorney to see if that is really the case. There usually are ways that we can quickly obtain funds from the other side so
that you can have appropriate representation to pursue your rights.