Frequently Asked Questions About Florida Divorce
Attorneys Sandra Day and David Day of The Day Law Office have five decades of combined experience in Florida divorce law. In that time, we have helped clients with a wide variety of unique circumstances. We are confident our team of lawyers can help you too.
Although every divorce is unique, below are some answers to questions we are often asked about the divorce process in Florida:
Do I Need To Prove My Spouse Caused Our Divorce?
No. Florida is a no-fault divorce state, which means you only have to tell the court your marriage is “irrevocably broken.” You do not have to provide evidence of, for instance, infidelity or abandonment.
How long does it take?
It depends. In an uncontested divorce—where both parties agree on the salient issues—it can take as little as four or five weeks. If the divorce is contested and there is a dispute over child support, custody, visitation, property division or spousal support, then the court will become involved in deciding the issues. Contested divorces can take six months or longer, and it’s not uncommon for them to take a year or more.
How Is Child Custody Determined?
Child custody can be a complex process, but Florida law requires that the most important thing to consider is the child’s best interests. If the child’s parents cannot work out a custody and visitation plan on their own, the judge will order a hearing and consider factors such as:
- Each parents’ financial resources and ability to provide a stable and loving home.
- Each parents’ level of involvement in raising the child in the past.
- The child’s expressed preferences if they are old enough.
How Do I Know If I Am Eligible For Alimony?
Generally, alimony, also known as spousal support, is reserved for cases when there is a large difference in earning power between the spouses and one spouse has little to no ability to support themselves financially. Alimony is typically awarded for a temporary period to give the recipient time to get the education or work experience needed to begin earning an adequate income, though permanent alimony is possible in some cases.
People who qualify for spousal support typically did not work outside the home during the marriage. They may have been married for many years and would struggle to afford daily expenses on their own.
Get More Information About What To Expect In Divorce
The Day Law Office has been helping people with divorce cases since 2000. Our skilled attorneys are ready to help you make the fresh start you deserve in life.