Top 5 Questions About Divorce
If you find yourself feeling stressed while mulling over the idea of divorce, getting the answers to your most pressing divorce questions is a great way to put your mind at ease.
Your divorce lawyer will be able to answer any and all questions you might have, but for now, here are five of the most common questions a Florida divorce lawyer receives.
How Will Spousal Support Be Determined?
Spousal support, also known as alimony, is determined according to Florida law. Depending on certain factors, such as the length of the marriage, five different types of alimony may be granted.
The five types of alimony are:
- Temporary Alimony: Spousal support that is granted while the divorce is pending. This form of alimony automatically ends once a Florida court finalizes the divorce order. Courts can order a different form of alimony once the period of temporary alimony has ended.
- Rehabilitative Alimony: This form of alimony is commonly given when an ex-spouse needs additional education or training to resume a career they stepped away from during the marriage.
- Durational Alimony: This form of alimony will provide spousal support depending on the length of the marriage. The longer the marriage, the more likely it is that the court will order a longer period of spousal support.
- Permanent Alimony: This form of alimony is designed to last until a spouse dies or the spouse receiving alimony remarries or enters into a relationship where he or she is financially supported. It should be noted, however, that permanent alimony has come under fire in recent years. Some members of the Florida legislature would like to see it ended.
- Bridge-the-Gap Alimony: Spousal support of this type is a short-term form of support that starts before a divorce is finalized, but has a maximum duration of two years.
If you have any questions about whether you are entitled to spousal support, contact our team to speak with a divorce lawyer in Fort Lauderdale.
How Will Child Support Be Determined?
Florida courts will order child support based on the state’s child support guidelines. These guidelines are used to determine the amount of support a child needs, while also considering the parent’s ability to pay.
Additional factors that play into a child support determination include:
- The income of both parents
- The standard needs of the child
- The costs of the child’s care and health needs
Taking these factors into consideration, the court will also look to the state’s child support table that recommends child support amounts based on a child’s age and the net income of the parents.
However, courts reserve the right to order a support amount that is either higher or lower than the recommended guidelines. If you have any other questions about Florida child support, contact a divorce attorney in Fort Lauderdale for a legal consultation.
How Will Child Custody and Visitation Be Determined?
Courts in Florida primarily concern themselves with the best interests of the child. Courts will look to a number of factors when awarding custody and visitation based on the child’s best interests.
Common factors include:
- The child’s education and home history
- Whether the parents cooperate
- Whether any domestic violence or substance abuse issues are an issue
- The ability of both parents to provide financially
- Whether a parent in question is the child’s biological parent according to Florida paternity law
- Each parent’s involvement in the child’s life
- And more
For more information about how Florida courts make custody and visitation decisions, contact our team to speak with a divorce lawyer in Plantation.
How Will Our Property Be Separated?
Florida is an equitable distribution state, meaning that property will be separated based on what is fair and equitable. Note that this does not mean equal. If one spouse is far wealthier than the other spouse, it may be fair and equitable to award the less wealthy spouse with a greater share of the marital property.
Property that is not subject to division during divorce is known as separate property. Separate property could be assets and debts that couples agree to keep separate in a valid premarital agreement, or it could also refer to properties a spouse owned before entering into the marriage.
If you have any additional questions or concerns about how Florida distributes marital property, contact us to speak with a divorce attorney in Plantation.
What Documents Will I Need for My Divorce?
You benefit both yourself and your lawyer by coming prepared to your Florida divorce. The exact list of documents you will need to bring depend on the facts and circumstances of your divorce. For example, if you and/or your spouse own a business, you will need to provide your lawyer with any partnership/shareholder agreements, balance sheets and similarly essential financial data.
In the more traditional divorce, you will still need to bring documents that explain every asset you own separately and as a couple. Other essential financial information to track down includes tax returns, W-2 forms, bank account statements, lease information, loan documents and more.
Finally, you should also be sure to provide personal record documents like marriage licenses, birth certificates, Social Security cards and any and all marriage agreements.
If you have any other questions about the documents you will need in your Florida divorce, contact our team for a legal consultation.