No. There is no legal separation in Florida.

The costs of litigation will vary for each case. Attorneys’ fees are paid up front. The retainer that is requested depends on the complexity of the case and is based on an estimate of how many hours it will take to reach our goal. The attorneys’ fees are billed at an hourly rate. If your case is complex and will take longer, it will cost more money. Other costs are also important. For example, other professionals may be asked to assist with your case, such as an Accountant, Mediator, a Parenting Coordinator, a Guardian ad Litem, or an expert. These individuals’ fees are separate from and in addition to the cost of the attorney. There are also additional costs associated with your case, such as a filing fee, which is charged by the Clerk of Court to file your case, and the cost of the court reporter for a deposition or attendance at a hearing. Litigation is an expensive process and the cost of litigation must be a factor in how you choose to proceed with your case.

The amount of time it will take depends on the type of case that you have and whether or not you are able to resolve the case without going to trial. Most cases resolve prior to trial and many resolve at mediation. If your case resolves at mediation, it should take six(6) months to a year to complete. If your case goes to trial, it can take over a year, if not longer.

Distribution of assets and debts is a four part process.  First, all assets and debts are identified.  Next, we identify those assets and debts that are marital in part or in whole.  Then, we need to determine the value of the asset or the amount of the debt. Lastly, the marital assets and marital liabilities are divided between the spouses. The court will work to make an equal distribution of the assets and liabilities, with some limited exceptions, such as an unequal distribution assuming special circumstances exist. 

Yes. Title or ownership of an asset is not what the court looks to. Instead, it is about when the asset was acquired. If it is in your name only, but was acquired during the marriage, it will likely be considered a marital asset that is subject to distribution. When considering this, think of When and not By Whom.

Maybe. Inheritance is considered a non-marital asset. However, if the asset has been commingled with a marital asset, then it is subject to distribution. For example, if you received cash inheritance and put it in a bank account that is a marital asset, then it would be subject to distribution. To the contrary, though, if you received a cash inheritance and put it in a separate account, you may be able to avoid distribution of that asset.

Typically no. The court will work to maintain an asset rather than deplete it. Assets and debts will likely be assigned to each spouse such that they have an approximately equal mix of assets and liabilities.  

Maybe. Alimony is paid when there is entitlement and a need and ability to pay. 

The amount of alimony you would have to pay, if you are ordered to pay alimony, will be the total of your spouse’s need or 35% of the difference between your net incomes. 

For durational alimony, the duration of the alimony will depend on the length of your marriage. The longer your marriage, the longer you may be obligated to pay alimony. For a long-term marriage (over 20 years), your alimony obligation goes up to 75% of the duration of your marriage; for a moderate term marriage (10 to 20 years), your alimony obligation goes up to 60% of your marriage; for a short term marriage (3 to 10 years), your alimony obligation goes up to 50% of your marriage.  Other forms of alimony exist, which include bridge-the-gap and rehabilitative alimony.  

The length of your marriage is determined from the date of your marriage until the date of the filing of the petition for dissolution/divorce. If you have been married less than ten (10) years, it is considered a short-term marriage. If you have been married longer than ten (10) years but less than twenty (20) years, it is considered a moderate-term marriage. Marriages that are longer than twenty (20) years are considered long-term marriages.

Parental responsibility is a court-ordered relationship between the parents. In most cases, you have what is called “shared parental responsibility.” This means that the parents are expected to share in the decision-making for the child’s major life decisions, such as education, health, religion, and the like. Parental responsibility may also be sole, which means that one parent is permitted to make major life decisions without consulting with the other parent. Sole parental responsibility is not typically ordered and requires a showing to the court that shared parental responsibility is not in the child’s best interest and that shared parental responsibility is detrimental to the child. There is also a hybrid relationship, which is known as shared parental responsibility with ultimate decision making authority. This means that the parents must attempt to come together on the child’s major life decisions, but, if they disagree, one parent’s choice will prevail on the particular aspects of decision-making for which he or she is vested with ultimate decision making authority.

No. In Florida, both parents are legally entitled to parent their child . Neither parent, the mother nor the father, have a superior right to parent their child.

No. There is no such thing as “custody” in a dissolution of marriage (divorce) or paternity action. Instead, the court will rule on parental responsibility (a parent’s ability to partake in the child’s major life decisions) and time-share (the amount of time the child will spend with each parent).

No.  All parents have a fundamental right to parent their children; their children have a fundamental right to be parented by both parents.  No parent’s rights or obligations to the child are superior to the other’s.  

A contact and access schedule will be agreed to or ordered by the court and included in a “Parenting Plan.” This Plan determines how much time the child spends with each parent. One parent’s residence will also be designated for school purposes. This determination only dictates where the child may attend school and it does not in any way limit a parent’s right to his/her child. The court no longer considers either parent’s home a primary residence and instead looks at which parent’s home the child will sleep at on particular days.

The legal presumption is that each parent will spend an equal amount of time with the children. 

Child support is calculated pursuant to the Child Support Guidelines, which is a mathematical calculation provided by statute. The calculation considers the parents’ relative net income, the number of child in common, and the cost of health insurance and day care. The amount of child support will depend on the parents’ income and the amount of overnight contact each parent enjoys with the child.

Child support is typically paid through the State Disbursement Unit (SDU) and more often than not by an Income Withholding Order. This is not a punishment to the paying parent, but instead provides them with ease of payment and proper accounting for each payment made. The State Disbursement Unit maintains records of all payments made, making it harder for your ex to claim you missed a payment. An Income Withholding Order requires the payor’s employer to withhold the amount of support from his or her pay check. This makes it easier for the payor in that he/she does not have to concern themselves with writing a check and ensuring that the other parent receives the child support.

Possibly. Relocation with a minor child is governed by statute. You may be permitted to relocate with the child if the other parent agrees (in writing) or if the relocation is granted after petitioning the court. A petition for relocation is difficult to win and there are many factors that the court will consider. If a parent relocates without a written agreement or court order, it is a factor that is considered by the Court in making its determination as to whether a relocation with the child or children will be permitted.

You may travel with your child during your time with him/her if the other parent agrees or, absent this agreement, if you obtain an order from the court.

Health insurance should be provided for all children and parents should work to obtain the best coverage available for the child. The cost of the health insurance for the child will be considered in calculating the amount of child support. The court will also determine each parent’s contribution to uncovered medical expenses, such as co-payments, deductibles, and uncovered medical expenses, such as braces.

Yes. Communication with your child while he/she is with the other parent will be addressed by the Parenting Plan. You can ask to communicate with him/her by any available means, whether it be by telephone, text messaging, video messaging, or the like. You may also benefit from the use of an app, such as Our Family Wizard or Talking Parents. 

Maybe.  Private school education is voluntary; however, you may agree to private school education, and, if the child or children have attended private school, it remains financial feasible subsequent to the separation and divorce, and it is in the child’s best interests, then the Court may order that the parents share in this expense.

No, not unless you agree to pay for it. College education is incurred after the child reaches the age of maturity. You will be required to pay child support until the child reaches 18 or graduates from high school. (In rare instances, you may be required to pay for a longer period of time.) Paying for a child’s college is voluntary and you will not be ordered by a court to take on this expense. You can agree to pay all or a portion of this expense, if you choose.

Yes. The Department of Revenue is a state agency that can initiate an action for child support on its own or at the request of a parent. If the Department gets involved, they are a party to the action, which means they must be involved in the resolution of the issue of child support. If the Department has taken action to collect, such as suspending your drivers license, you can ask the court to reinstate your license. However, this reinstatement is within the court’s discretion and is not always granted.