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Date Posted: February 4, 2024 10:34 am Author: Scott A. Levine
Florida divorce myths can be confusing and misleading, especially for those who are going through a divorce for the first time. Many of these myths are perpetuated by popular culture and hearsay, causing people to make assumptions about the divorce process that are not accurate.
In this article, we will debunk seven common misconceptions about divorce in Florida to give you a better understanding of what to expect during this challenging time.
Fact:
One of the most significant factors that can impact the timeline of a Florida divorce is whether the divorce is contested or uncontested. In a contested divorce, the parties are unable to reach an agreement on key aspects of the divorce, including matters like child custody, spousal support, or the division of property. This can lead to a lengthy court battle, which can take months or even years to resolve.
Conversely, an uncontested divorce tends to be more rapid and less complicated. This occurs when both parties agree on all divorce-related matters, allowing them to jointly file for marriage dissolution. This can significantly reduce the amount of time it takes to finalize the divorce, as there is no need for a trial or extensive court proceedings.
Another factor that can impact the timeline of a Florida divorce is the use of alternative dispute resolution (ADR) methods such as mediation. Mediation is a voluntary procedure in which the couple works with a neutral third party to negotiate a settlement agreement. Mediation can be used to resolve all of the issues related to the divorce, or it can be used to resolve specific issues that the couple is struggling to agree on.
Using mediation can be an effective way to speed up the divorce process, as it can help the couple resolve their differences more quickly and with less conflict.
Moreover, opting for mediation typically incurs lower costs compared to court proceedings, which can also contribute to a quicker resolution of the divorce process.
Overall, while some Florida divorces can be lengthy and complex, there are options available for a more efficient process. By working with an experienced attorney and exploring alternative dispute resolution methods, couples can often finalize their divorce more quickly and with less stress.
Fact:
Florida courts ruminate numerous factors when determining alimony, including the length of the marriage, the standard of living established during the marriage, the financial resources of each party, and each party’s earning capacity. Fault is also a factor, but it is not the only factor.
For example, if one spouse committed adultery and the other spouse has a significantly lower income, the court may still award alimony to the lower-earning spouse. The court will consider the adulterous spouse’s fault when determining the amount and duration of the alimony award, but it will not automatically disqualify the lower-earning spouse from receiving alimony.
It is significant to note that fault can play a significant role in determining alimony in some cases. For example, if one spouse is convicted of domestic violence, the court may award more alimony to the victim spouse. Similarly, if one spouse wastes marital assets on an affair, the court may reduce the alimony award to the guilty spouse.
Fact:
Florida courts take a gender-neutral approach to child custody decisions. In other words, the court does not automatically favor either parent based on their gender. Instead, the court considers a variety of factors to determine what is in the best interests of the child.
Some of the factors that the court considers include:
Based on these factors, the court will determine the best custody arrangement for the child. This may include joint custody, where both parents share physical and legal custody of the child, or sole custody, where one parent has physical and legal custody of the child.
Fact:
Equitable distribution is the guiding principle that determines how property is divided in a Florida divorce. This principle takes into account several factors such as the period of the marriage, each partner’s contribution to the marriage, and the economic conditions of each party. The goal is to ensure that each spouse receives a fair share of the marital property.
Equitable distribution does not necessarily mean that property is divided 50/50. Instead, it means that the court will divide the property in a way that is fair and just based on the specific circumstances of the case. For example, if one spouse contributed significantly more to the marriage financially, the court may award that spouse a larger share of the property.
It is important to note that not all property is subject to equitable distribution. Separate property, which includes property acquired before the marriage or through inheritance or gift, is not subject to division. Only marital property, which includes property acquired during the marriage, is subject to equitable distribution.
Fact:
One of the most common misconceptions about divorce in Florida is that child support and alimony orders cannot be modified. However, this is not entirely true. In Florida, both child support and alimony orders can be modified, but only under certain circumstances.
Modifying Child Support Orders in Florida
In Florida, child support orders can be modified if there has been a substantial change in circumstances since the original order was issued. Some examples of substantial changes in circumstances include:
If any of these circumstances occur, either parent can file a motion to modify the child support order. The court will then review the case and make a determination based on the best interests of the child.
Modifying Alimony Orders in Florida
Similarly, alimony orders in Florida can also be modified if there has been a substantial change in circumstances since the original order was issued. Some examples of substantial changes in circumstances include:
If any of these circumstances occur, either spouse can file a motion to modify the alimony order. The court will then review the case and make a determination based on a variety of factors, including the length of the marriage, the standard of living during the marriage, and the financial resources of each spouse.
Many people believe that the only way to get a divorce is by going to court. However, this is not true. There are alternative dispute resolution options available that can help couples resolve their issues without ever stepping foot in a courtroom.
Fact:
Mediation is one such option. In mediation, a neutral third party, called a mediator, helps the couple come to an agreement on issues such as property division, child custody, and alimony. The mediator does not make decisions for the couple but instead helps them communicate effectively and find common ground. Mediation is often less expensive and less time-consuming than going to court.
Another option is collaborative divorce. In a collaborative divorce, each spouse has their own attorney, and all four parties work together to reach a settlement. Collaborative divorce can be a good option for couples who want to maintain a civil relationship after the divorce, especially if they have children.
It is important to note that not all divorces are suitable for alternative dispute resolution. In cases where there has been domestic violence or abuse, going to court may be the safest option. Additionally, if one spouse is unwilling to negotiate or compromise, alternative dispute resolution may not be effective.
In Florida, alternative dispute resolution is encouraged by the courts. In fact, before a divorce case can go to trial, the couple must attend mediation. This is to encourage the couple to work out their issues on their own and avoid a lengthy court battle.
Overall, going to court is not always necessary for a divorce. Alternative dispute resolution options like mediation and collaborative divorce can be effective ways to reach a settlement without ever setting foot in a courtroom.
Many people believe that a do-it-yourself (DIY) divorce is the easiest and cheapest option for ending a marriage. However, this is not always the case. In fact, attempting a DIY divorce can lead to potential pitfalls that could end up costing you more time, money, and stress in the long run.
Fact:
While DIY divorce may seem like a simple and cost-effective solution, it can actually be quite complicated. Divorce laws vary by state, and attempting to navigate the legal system without professional guidance can lead to costly mistakes. For example, if you fail to properly file the necessary paperwork or meet certain deadlines, your divorce could be delayed or even denied.
Moreover, a DIY divorce can be emotionally taxing. Divorce is never easy, and attempting to go through the process alone can be overwhelming. A divorce attorney can provide guidance and support throughout the process, helping to alleviate some of the stress and anxiety that often accompany divorce.
In Florida, seeking professional guidance for divorce is particularly important. Florida is a no-fault divorce state, which means that neither party has to prove fault or wrongdoing in order to obtain a divorce.
However, there are still many legal requirements that must be met in order to obtain a divorce in Florida. A divorce attorney can help you navigate these requirements and ensure that your divorce is managed properly.
In the maze of family law, every decision casts a long shadow over your future. Levine Family Law is here to light your path.
Specializing in divorce, child custody, and domestic violence cases, we blend deep legal acumen with a personal touch, ensuring your rights and well-being are front and center. In these critical moments, choose a firm that stands firmly by your side.
Contact Levine Family Law today – where expert guidance meets your family’s needs. Your peace of mind starts here.
How does the ‘no fault’ concept affect divorce proceedings in Florida?
Florida is a no-fault divorce state, which means that the party seeking the divorce does not need to prove that the other party did anything wrong. Instead, they must simply state that the marriage is “irretrievably broken.” This concept can make divorce proceedings less acrimonious and more straightforward.
Can one expect an automatic equal division of assets in a Florida divorce?
No, Florida law requires that marital assets be divided equitably but not necessarily equally. This means that the court will consider numerous factors, including the length of the marriage, each spouse’s financial situation, and contributions to the marriage, before dividing assets.
What recent changes to Florida divorce laws were made in 2023?
In 2023, Florida updated its divorce laws to include a new requirement for couples with minor children. The law requires that parents attend a parenting course before the court can finalize their divorce. Additionally, the law now allows for a simplified dissolution of marriage for couples who meet certain criteria.
How long must a couple be separated before filing for divorce in Florida?
Florida law does not require a separation period before filing for divorce. However, if the parties have been living separately for at least 12 months with no intention of reconciling, this can be used as evidence that the marriage is irretrievably broken.
What factors can lead to an unequal asset split in a Florida divorce?
Several factors can lead to an unequal division of assets in a Florida divorce, including one spouse’s contribution to the marriage, the financial situation of each spouse, and the duration of the marriage. Additionally, if one spouse dissipated marital assets during the marriage, the court may award a larger share of the remaining assets to the other spouse.
Does the duration of a marriage impact the division of assets in Florida?
Yes, the duration of the marriage is one of the factors that the court considers when dividing marital assets. Generally, the longer the marriage, the more likely it is that the court will divide assets equally. However, this is not always the case, and the court will consider other factors as well.
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