Frequently Asked Questions

  • Can I get a legal separation?

    No. The State of Florida does not have “legal separations”. However, parties can enter into a Marital Settlement Agreement. A Marital Settlement Agreement allows parties to divide their assets and liabilities and live separate and apart without getting a divorce. This same document can be used by the parties should they want to get a divorce and it shortens the process.

  • Since I am not receiving the court ordered child support, I can withhold visitation/timesharing, right?

    No. The Courts treat child support and visitation/timesharing as two separate things. Visitation/timesharing is for the benefit of the minor child/ren.

  • Child support should be recalculated when the other parent remarries and their spouse is working, right?

    No. Child support is based on the incomes of the parents. The calculations do not include the income of their spouses.

  • My Former Husband has remarried. He pays me alimony and his new wife works. Shouldn’t he have to pay me more alimony now that he has remarried and has more money now?

    No. As a general rule, the Courts do not consider spouses income when setting alimony.

  • Can I have sole custody of my child/ren?

    In the State of Florida the term “custody” is not generally used by the Courts. Parents are entitled to Shared Parental Responsibility. This allows the parties to share in the decision making for the minor child/ren. Rarely does one parent get to make all of the decision making for a child. As for time with the minor child/ren, the Courts use the word timesharing. This is what is used to describe the time each parent spends with the child.

  • If I leave the house, am I abandoning it or waiving my interest on the house?

    No. Sometimes during a divorce it is better for the parties separate and not live under the same roof. If you leave the house you are not relinquishing any interest you may have in your home.

  • Can I get alimony?

    In the State of Florida there is different types of alimony. The Florida Statutes provide for temporary, lump sum, durational, rehabilitative, bridge the gap, and permanent alimony. Not every marriage qualifies for any or all forms of alimony.

  • Can I move away with the child/ren?

    Depends on the circumstances. If you are going through a divorce, you cannot move without the permission of the Father/Mother of the child or the Judge. If you have a Final Judgment, you cannot move without the permission of the Father/Mother of the child or the Judge. If there has never been an Court’s Order entered in your case, in some cases you may be allowed to move without the Court’s permission.

  • Is my spouse entitled to the money inherited?

    An Inheritance is not a marital asset. This is separate property. When a party inherits tangible or intangible property, the other spouse is not entitled to the inheritance.

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