The Answers You Need To Your Florida Divorce Questions
Divorce is difficult enough as it is. But for men and fathers, the process can come with steeper challenges. The courts and society can be less sympathetic to men when a marriage ends. At Divorce For Men, we understand that you may feel like the deck is stacked against you during your divorce. You may feel scared and uncertain of what your future may hold.
Our job is to provide you with robust legal counsel that addresses the specific issues men face amid divorce.
If you are just beginning the divorce process, you may have many questions about what to expect or what to consider when making certain decisions. Our team has compiled some of the most frequently asked questions we hear from our clients so we can address them before you schedule a consultation with us. That way, we can get right to the root of your situation when we meet.
The Questions We Hear Most Often
These are what most clients typically ask us:
How do I file for divorce in Florida?
To file for divorce in Florida, you must:
- Submit a Petition for Dissolution of Marriage to the circuit court
- Serve your spouse the divorce papers through a process server
- Wait for your spouse to respond
- Begin negotiations for property division, child custody and other matters
Our attorneys can assist you in preparing and filing this petition to ensure it meets all legal requirements.
What makes contested and uncontested divorce different?
Here is a breakdown of what makes each different:
- Contested divorce: A contested divorce involves disputes between spouses that require court intervention.
- Uncontested divorce: An uncontested divorce occurs when spouses agree to all of the divorce terms without having to take matters to court.
It’s important to note that divorces can be both contested and uncontested. For example, spouses may be able to settle property division matters outside of court or through alternative dispute resolution where they may have more stark disagreements surrounding child custody and require court intervention.
How long does the divorce process typically take in Florida?
The time it takes to divorce in Florida can vary. Everyone’s situation is different, and the nuances of those situations can often determine the timeline. For some couples, the process may only take a few weeks. For others, it could last for months or up to a year. We work diligently to expedite the process as much as possible and keep you informed at every stage.
No matter the reason for your divorce, we are here to fight and advocate for your divorce, we are here to fight and advocate for anything and everything you need throughout the process.
How is time sharing determined during a divorce?
- Which parent is best suited to allow the other parenting time
- Physical and mental well-being of each parent
- The ability of each parent to look after their children and tend to their needs
- History of drug/alcohol abuse of each parent
- The ability of each parent to provide a stable home environment
How is child support calculated in Florida?
What is alimony, and how is it calculated?
Alimony is financial support paid to a spouse after divorce. In Florida, alimony is calculated based on factors like the:
- Length of the marriage
- Financial needs of each spouse
- Impact on each spouse’s standard of living after the divorce
- Age and health of each spouse
Our attorneys can help you understand how alimony might affect your finances and fight for fair terms.
What are the financial implications of getting a divorce?
As a man, divorce can significantly impact your finances. Asset division, alimony and child support payments can all leave you facing a significant burden. At the same time, divorce doesn’t have to ruin you financially. With the right advocates by your side, you can have a bigger seat at the table when negotiating support payments and property division. We can provide clear guidance on navigating these matters while protecting what you have worked hard for throughout the process.
How do I protect my assets during a divorce?
There are a few ways you can protect your property amid a divorce, like:
- Thoroughly documenting inheritance income and gifts
- Keeping money in separate accounts
- Making a comprehensive list of your assets and liabilities
We can help you determine a workable solution for protecting your assets in your divorce that remains compliant with Florida’s property division laws.
What should I know about dividing property in a divorce?
When dividing property in Florida, knowing that Florida is an equitable distribution state is essential. That means state family courts view property division based on what is fair rather than equal. For example, if one spouse owns a business, a court will likely award that business to the spouse who owns it. However, if they bought the business during the marriage with marital funds, the spouse who does not own the company may be entitled to a certain percentage of the business’s value if/when it gets sold.
How is child support calculated in Florida?
The state calculates child support based on an income shares model. The model accounts for each parent’s net income, the number of children they have, the custody schedule and any unique needs the individual children have.
Whether you are paying or receiving child support, we can help negotiate an amount that works for you. Additionally, if/when life circumstances change, we can help you request modifications.
Can you modify a divorce decree after the divorce is final?
Yes, you can modify a divorce decree, even after the divorce has been finalized. You can typically request modifications due to a change in life circumstances, such as:
- Job loss
- Moving to a different city or state
- Remarrying or cohabiting with another partner
- Significant changes in a child’s health or educational needs
These are only a few examples. If you have questions about whether a recent life change for you or your ex qualifies for a divorce decree modification, call us at 727-416-7145.
What are the legal implications of separation vs. divorce?
Separation does not legally end a marriage, whereas divorce does. Understanding the unique implications of each is important, as they can affect decisions surrounding things like asset division and child custody.
How do I prepare for a divorce mediation session?
Similar to preparing for traditional contested or uncontested divorce, mediation prep typically involves:
- Gathering relevant documents
- Having a thorough understanding of your priorities
- Knowing the outcomes you would like to achieve
We can guide you in presenting your case and negotiating terms effectively during divorce mediation.
What rights do grandparents have in divorce proceedings?
Amid divorce proceedings, grandparents often still have visitation rights. However, these rights are not automatic and can usually depend on the child’s best interests. We can help you understand these rights and advocate for your family’s needs.
How does divorce affect retirement benefits?
Divorce can impact retirement benefits by dividing assets like pensions or 401(k)s. These assets can be challenging to divide because of fluctuations in the stock market and the tax implications of splitting pre-tax assets. Our attorneys can help you effectively review and divide these complex assets through a qualified domestic relations order (QDRO).
What should I do if I suspect my spouse is hiding assets during a divorce?
If you suspect asset hiding, it’s crucial to:
- Gather relevant/necessary evidence
- Speak with a forensic accountant
- Seek legal advice from an attorney
When gathering evidence, it’s essential to look for inconsistent financial statements or documentation of asset transfers. You can also look at shared bank statements, accounts and property records. We can help you collect and evaluate these pieces of evidence and more.
How does adultery impact divorce proceedings in Florida?
While Florida is a no-fault state, adultery can still influence decisions surrounding alimony and custody. While adultery is not a direct determinant for these matters, state family law judges may review if and how the adultery negatively impacted finances or the well-being of the children.
What are my legal options if my spouse refuses to agree to a divorce?
You can still pursue a contested divorce if your spouse refuses to agree. A state family law judge could grant you a default judgment if they refuse to respond. That means the spouse who refuses to engage in the divorce process may forfeit their rights under the terms of the final agreement.
How do domestic violence accusations affect the divorce process?
In Florida, domestic violence allegations can have serious implications for matters like child custody and visitation rights. For example, the spouse facing domestic violence accusations could have their visitation time with the children significantly limited if they find evidence that domestic violence occurred against the other spouse or the children.
Suppose you face accusations of domestic violence. In that case, we understand how scary and difficult this can be for you. We are here to fight for your interests in these matters so that you can maintain a strong relationship and visitation schedule with your children.
Knowledge Is Power – We Are Here To Help You Use It.
By having sound answers to these frequently asked questions, you can focus more on navigating your personal divorce situation. To continue discussing how we can help you, schedule an initial consultation with us today. Call our Clearwater-based office at 727-416-7145 or visit our contact page to get started today.