Frequently Asked Questions About Divorce

Frequently Asked Questions About Divorce

Frequently Asked Questions About Divorce

When someone files for divorce, they tend to have a lot questions about the process. Before hiring an attorney it’s important to go in with some knowledge about the process instead of nothing at all. Here are a couple of the most common asked questions couples have about divorce.

Unlike divorce, legal separation doesn’t end a marriage. Legal separation allows the couple to live separately, but they are still legally married. During the time the couple is living apart, they must follow the rules and responsibilities the court made for them. Examples of these rules are paying child support and custody of a child.

2. What is an annulment?

An annulment is a legal procedure that cancels a marriage. Annulling a marriage is as though it is completely erased. It declares that the marriage never technically existed and was never valid.

3. Does my spouse have to agree with the decision to get a divorce?

No. You may obtain a divorce regardless of how your spouse feels about it, as long as you, and at least one witness, can testify to the facts, such as the one-year separation, necessary to establish grounds for divorce.

4. What is alimony?

Alimony is an allowance paid under court by once spouse to another when they are separated, not divorced.

5. Who gets alimony, and why?

Alimony is hard to predict. Although there are no exact guidelines in deciding who receives alimony, there are certain factors a judge must consider. Some factors include: The lifestyle of each partner, the length of the marriage, and the amount of property that needs to be divided.

6. How long does it take for a divorce to be final?

Everyone’s experience with divorce is different, so there’s not straight answer to this question. Most states require a mandatory waiting period between the filing of your divorce petition and when the court will issue your final divorce decree. The average mandatory waiting period is between 30 and 90 days.

7. Can I date while my divorce is being processed?

There is no specific rule that states you can’t date while getting a divorce. Most attorneys advise people not to date considering going through a divorce is a very stressful and confusing time. Dating someone during this time can add to the person’s stress. Judges rarely punish someone who begins dating once they have physically separated from their spouse.

Here at Scott Levine we want nothing more than to help with any problems you may have. If you have more questions regarding the divorce process, don’t hesitate to reach out to us!
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8. In a Florida divorce, what happens to my children?

When parents in Florida get a divorce, one of the biggest concerns is what will happen to their children. How will they continue to see both parents? How will decisions be made about their education and medical care? These are all critical questions that need to be addressed in a divorce. One way to do this is through a parenting plan. A parenting plan is a document that outlines how the child will be raised after the divorce. It can cover issues like where the child will live, how much time they will spend with each parent, and how major decisions will be made. Parenting plans can be very detailed, or they can be more general. The important thing is that they provide clarity and certainty for both parents and children during an emotional time. For example, if you are going through a divorce in Florida, take the time to sit down with your ex-spouse and create a parenting plan that works for your family. It will make a huge difference for everyone involved.

9. How is child support determined in a divorce in Florida?

In divorce cases involving children, the court will order one or both parents to pay child support. The amount of child support is determined by Florida Statutes Section 61.30 and considers the number of children, the income of both parents, the amount of time each parent spends with the child, and other factors. The starting point for child support in Florida is a schedule that lists the primary support obligation for different income levels. The income level is based on each parent’s gross income, including all income forms such as salaries, wages, tips, commissions, bonuses, self-employment income, interest, dividends, and rent. Once the basic support obligation is determined, other factors such as daycare costs and health insurance premiums can be added to arrive at the final child support amount.

In some cases, the court may also order one parent to pay a portion of the other parent’s attorney’s fees. For example, suppose you are going through a divorce in Florida and have questions about child support. In that case, you should speak to an experienced family law attorney who can provide guidance and represent your interests in court.

10. What is equitable distribution in a Florida divorce?

In a Florida divorce, equitable distribution is the division of the parties’ assets and liabilities. This means that the court will divide the assets and liabilities fairly and equitably, taking into account the factors outlined in Florida Statutes section 61.075. The court will consider the following factors:

(1) the contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and nonmarital assets of the parties;

(2) The duration of the marriage;

(3) the economic circumstances of each spouse at the time of distribution;

(4) the standard of living established during the marriage;

(5) The contributions of each spouse to the education, training, or earning capacity of the other spouse;

(6) The relative earnings and earning capacities of the spouses;

(7) The ages and physical and emotional conditions of both spouses

11. What is considered marital property in a Florida divorce?

In Florida, marital property is defined as “all real or personal property acquired by either spouse during the marriage and before the execution of a separation agreement or the filing of a petition for dissolution of marriage.” This includes marital assets, such as a house or retirement account, and debts incurred during the marriage. Importantly, this definition applies even if the property is only in one spouse’s name. For example, if a couple buys a house during their marriage and only the husband’s name is on the mortgage, the home is still considered marital property and may be subject to division in a divorce. Similarly, if one spouse incurs debt during the marriage, such as credit card debt or a student loan, that debt is also considered marital property. Florida law provides that all marital property must be divided fairly between divorcing spouses, although what constitutes a “fair” division is often open to interpretation. However, courts will generally consider factors such as each spouse’s income and earning potential, custody arrangements for any minor children, and each spouse’s contribution to acquiring the marital property. If you are going through a divorce in Florida, it is crucial to work with an experienced attorney who can help ensure that your rights are protected.

12. According to Florida divorce law, what are nonmarital assets?

When a couple divorces, one of the first questions is what will happen to their property. Who will get the house? Who will get the car? In many states, marital property is divided equally between the spouses, but in Florida, the law takes a different approach. Instead of dividing all property evenly, Florida recognizes two types of property: marital and nonmarital. Marital property includes anything acquired during the marriage, regardless of who owns it. Nonmarital property, on the other hand, includes anything owned by either spouse before the marriage or inherited during the marriage. So, if you own a house you purchased before marriage, it would be considered nonmarital property.

Similarly, if you inherit a car from your grandparents during your marriage, that car would also be considered nonmarital property. When a court divides property in a divorce, it will typically give each spouse any nonmarital property they own outright. As for marital property, the court will generally divide it equally between the spouses unless there is an excellent reason to do otherwise.

13. What function does a certified public accountant (CPA) have in a divorce?

In a Florida divorce, each spouse must complete and file a financial affidavit. This document lists the assets and liabilities of both parties and their income and expenses. A certified public accountant (CPA) can help to ensure that the financial affidavit is accurate and complete. They can also help to negotiate a fair property settlement agreement between the divorcing spouses. In addition, a CPA can assist with the distribution of retirement assets, such as 401(k)s and pensions. They can also help to establish alimony and child support payments. As a result, a CPA can play an essential role in ensuring that a Florida divorce is completed fairly and efficiently.

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