Family Law ยท July 22, 2023
Family Law FAQ: Common Questions About Divorce in Florida
Navigating a dissolution of marriage involves complex decisions regarding equitable distribution, alimony, and parenting plans. We address the most frequent questions our clients ask.
Divorce is one of the most emotionally and financially complex events a person can experience. At the Law Firm of Charles Vega, we hear the same questions from clients every week. Here are straightforward answers to the ones that matter most.
How Long Does a Florida Divorce Take?
An uncontested divorce, where both parties agree on all issues, can be finalized in as little as 30 days after filing. A contested divorce, where issues like property division, alimony, or parenting time are disputed, typically takes six months to two years depending on the complexity and the court's docket. The more contentious the disagreement, the longer and more expensive the process becomes. Mediation can dramatically shorten timelines.
What Is 'Equitable Distribution' and Does It Mean 50/50?
Florida divides marital assets and debts through equitable distribution, meaning fair, not necessarily equal. Courts begin with a presumption of equal distribution but can deviate based on factors including the duration of the marriage, each spouse's economic circumstances, contributions to the marriage (including homemaking), whether one spouse wasted marital assets, and each party's career and educational prospects. The distinction between marital and non-marital (separate) property is critical and often hotly contested.
Will I Have to Pay, or Receive, Alimony?
Florida significantly reformed its alimony law in 2023. Permanent alimony has been eliminated. The new law establishes durational alimony (time-limited support) and bridge-the-gap alimony for the transition period following divorce. The amount and duration depend on the length of the marriage, the standard of living established during the marriage, and each spouse's financial resources and earning capacity. Courts now have more defined guidelines, but the analysis remains fact-specific.
How Are Child Custody and Parenting Time Determined?
Florida courts use the term 'parental responsibility' rather than custody. The default is shared parental responsibility, meaning both parents have equal rights to participate in major decisions about the child's welfare, education, and health. Time-sharing schedules can vary widely. Courts determine parenting plans based on the best interests of the child, considering factors such as each parent's willingness to support the child's relationship with the other parent, stability of home environment, and the child's own preferences if they are of sufficient age and maturity.
If you are facing a divorce or family law matter in Florida, early legal guidance can protect your rights and help you reach a fair resolution more efficiently. Charles Vega handles family law cases with the sensitivity and tenacity they require. Call (800) 975-0529.
Attorney Advertising | General information only. Not legal advice. This is a static reading copy of a public Insights article. Consult an attorney about your specific circumstances.