Get The Answers You Need In Your Florida Divorce
There are so many unknowns when you first begin the divorce process. At the Law Office of Ada M. Barreto, P.A., we understand this. We are here to offer guidance, support, information and representation. Have a specific question that you do not see here? Call our office to speak with attorney Ada M. Barreto or a team member in a free consultation. We’re here to help. Call 305-709-5725.
Who gets the house?
This, of course, depends on the specifics of your marriage, whether there is a prenuptial agreement and whether the house was purchased before or during the marriage. How much each spouse earns and how much each spouse could potentially earn are also questions asked. Florida is an “equitable distribution” state. This means that any community assets will be divided in a fair and equitable manner. Fair and equitable distribution varies; sometimes it is close to 50% each, and other times it is between 33% and 66% to one spouse. Every divorce is different, and it is imperative to have an experienced Florida divorce attorney assess your specific case.
When is alimony awarded?
Alimony or “spousal support” in Florida is awarded usually when a long-term marriage dissolves. The purpose of alimony is to ensure that the spouses are able to maintain a standard of living that is similar to the standard they had during the marriage. Marriages that last fewer than seven years do not typically involve alimony. Marriages of up to 17 years may include alimony, especially short-term alimony. Long-term marriages are those that last longer than 17 years.
There are different types of alimony: temporary, rehabilitative, durational, lump-sum and permanent. Many things besides the length of the marriage are considered when alimony is determined. These considerations include the age, physical ability, earning ability and emotional health of each spouse.
How long does a Florida divorce take?
A contested divorce can take a year or more. Contested divorces mean that the spouses cannot agree on crucial matters and the case must go to court. An uncontested divorce where both spouses agree on most or all issues can be much shorter. Some uncontested divorces are resolved in as little as two months. Working with a mediator may help speed up the process and avoid a court trial.
How are the best interests of the child or children determined?
A judge will consider many things when reviewing and accepting child custody and visitation arrangements. Now called parenting plans, the considerations include what the child needs and where each parent lives, and how safe and stable each home is. Also considered are the:
- Mental, moral and physical health of each parent
- The child’s relationship with each parent
- History of alcohol, substance or physical abuse
It is very beneficial to have an experienced Florida family law attorney review your options, obligations and rights when it comes to parenting plans. How much time the child or children spend with each parent can affect child support payments.
Do I have to go to trial?
Not always. In some cases when both spouses are amenable to working together, a settlement can be reached out of court. There are issues, however, that do require court. These can include a history of abuse, serious child custody disputes or an unwillingness to make reasonable compromises.
Need More Florida Divorce Information?
If you are thinking about getting divorced or if the process has already started and you need more information, schedule a consultation. Call 305-709-5725 or send us an email so that we can get in touch with you. We have been serving divorce clients throughout Miami since 1995.