Here’s a few of the most common questions we are asked about Family Law & Divorce. It is important to understand that everyone’s needs are different, and there can be difficult decisions that must be made. Be sure to call us for a free consultation if you have any additional questions about your specific situation.

“Dissolution of Marriage” is the legal proceeding in Florida to get a divorce and end your marriage. The court case will also include deciding everything about your children, your property, support, alimony, debts and attorney’s fees.

Florida does not require you to prove “fault” or that someone did something wrong. If you believe that your marriage is over and you have reasons to believe that the marriage is over, the courts must give you a divorce. Your spouse cannot stop you from getting a divorce.

Six months. Check your driver’s license. If it was issued more than six months ago, you have already proved you can get a divorce in Florida.

There is only a short 20 day waiting period from the time you file your divorce case until the Family Law judge can give you a divorce. The actual time it takes will depend on the issues in your case and whether or not your divorced is contested.

The divorce itself is not contested. If you ask the Court to give you a divorce, the court must give you a divorce. “Contested” means that the issues about your children, your finances, support, alimony, property, debts and attorney’s fees have not been decided.

Even if you and your spouse reach an agreement, one of you will have to go to Court for a short hearing to finalize your case. Until everything is settled, you may have to attend hearings or a trial for the Judge to make decisions.

Mediation is a meeting between you and your lawyer and your spouse and lawyer, with an independent neutral person, called a Mediator. The Mediator does not decide your case. The Mediator is trained to help you and your spouse reach an agreement about some or all of the issues in your case. Anything that is agreed in Mediation will be put in a written agreement that you and your spouse will sign. The Judge will then enter an Order that approves your agreement.

Often, the family business is the main source of income for the family. You have worked hard to grow your business. It may be important to keep the business intact to make sure that there is enough income for you and your children. If your spouse has an interest in the business, your spouse sometimes can be paid for that interest over time. Calculating the actual value of the business is a complex accounting task. We can hire valuation experts to make sure that the business is valued fairly, and that even in divorce, the business can remain active and thriving.

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