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The cost of a divorce is determined by the complexity of your case and whether or not the issues in the case are contested. An uncontested divorce is naturally going to cost less than a contested divorce. In other words, the more adversarial the divorce the more expensive the divorce will be in the long run. Because all cases are unique, it is impossible to determine exactly how much your divorce will cost. In addition to attorney fees, you will also have the expense of court filing fees and service process fees. Additionally, Florida state law requires that a Divorce Mediator be utilized in a contested divorce and you and your spouse will be responsible for those costs. Some divorces require experts and others do not depending on the assets. For example, if there are large assets to split, a business may need to be valuated or property to be appraised, there may be a need for an Appraiser or Business Valuator.

Florida is a no-fault state meaning a divorce action can be brought against a spouse without the need for a reason. On the other hand, your spouse’s infidelity or negative behavior can come into play during divorce settlement negotiations. For instance, if a cheating spouse spends marital funds on another person, the courts will take this into consideration when considering how marital assets are divided and potentially when determining alimony.

Anyone can obtain a divorce whether his or her spouse wants one or not. In no-fault divorce states, like Florida, all you have to do is file your petition for divorce.

To begin the process, there has to be a petition for divorce filed with your local court clerk. Once a petition for divorce is filed, your spouse will have a certain number of days in which to respond to the petition. The court clerk will then stamp it and give it a case number. Once it is given a case number and your spouse responds, the court will set a date for either a hearing for temporary court orders or mediation. It is imperative the petition has all the information needed to protect the rights of the Petitioner. Most people make mistakes with the Petition when filing without an attorney.

In a legal separation, you remain married. In a divorce, the marriage is dissolved and any legal ties between the parties are broken by law. Florida is one of eight states that do not recognize legal separation.

Florida law bases any sort of alimony award on the need of one party versus the ability to pay of the other. If one party shows that they have a need for assistance in order to maintain their standard of living and the other party has the ability to do so, alimony may be awarded. There are various types of alimony which include rehabilitative, bridge the gap, lump sum, durational, and permanent.

The court utilizes the “best interest of the child” standard when making decisions regarding custody. The court takes into consideration a number of factors when considering custody. Issues such as who the child is living with at present, the relationship with each parent and a parent’s ability to care for and provide for the child, in addition to other factors are utilized by the court to determine custody.

Receiving a notice from the Department of Revenue regarding Child Support can be a daunting experience. The Department of Revenue becomes involved in a case when one of the parties obtains or applies for government benefits (food stamps, Medicaid, etc). Having an Attorney on your side will assist you in navigating the process and in protecting your rights. Most times, it may be beneficial to request that DOR move the case to state court so other issues can also be resolved.

A common question that we receive is whether a mother or father may waive their right to receive child support. Child support may not be waived by a parent. Child support is a benefit for the child and waiver of such is prohibited.

Because child support is not related to visitation, you must still pay child support even if the other party is not permitting visitation. If this is the case, it is wise to obtain an attorney to represent you in solidifying your visitation and parental rights by court order. Therefore if you are restricted access to your child, the other party will be in violation of a court order.

Starting in 2019, alimony payments can not be written off on one’s taxes. Conversely, recipients of alimony payments will not have to pay taxes on the alimony payments they receive.

On average, it takes from four to twelve months to complete the steps necessary to be licensed to adopt or foster—including submitting an application, undergoing a home study, and attending training. While some of the steps may seem overly involved or invasive, it is important to keep in mind that everyone is working toward the same goal—ensuring the safety and well-being of children.

Attorney-assisted adoptions provide greater flexibility to both adoptive parents and birth parents. Agencies may give preference to certain types of individuals or couples (for example, based on religion, marital status, age or sexual orientation), or impose other requirements, such as whether the parties can meet face-to-face before the child is born. Attorneys can evaluate how best to handle contested adoptions, if a contest should arise (such as when a birth father opposes an adoption and the birth mother wants it to go forward). They understand the complex laws that apply to adoption, and how they apply to the specifics of your case and provide an unbiased explanation of adoption methods and resources to help you develop a legally secure plan tailored to your needs. An attorney also assesses any risks involved in your situation, such as whether the adoption might become contested, and helps you plan accordingly. They are accustomed to dealing with the legal system and the courts and can help to resolve any problems that arise between the parties during the adoption process as well as negotiate with the other party’s attorney if necessary.