Common Questions And Answers About Divorce In Florida
It is natural to have many questions when you are about to go through a divorce. It is a complex and involved process, and will likely involve many changes to your daily life.
Below, we’ve provided answers to some of the most common questions divorce attorneys receive. After reading through the answers on this page, you can get answers to any additional questions by contacting Lesley Turmelle Abbott, P.A., to schedule your initial consultation.
Should I expect to pay/receive alimony?
Alimony in some form is expected in most Florida divorces. There are several types of alimony, and which affects your situation will depend on your own circumstances.
If you have concerns about making ends meet because your spouse is the primary income earner for the family, be sure to bring this up with your attorney early on in the process. Alimony may be appropriate in such a case.
My spouse cheated on me. Will that give me an advantage in the divorce?
Florida is a no-fault divorce state, which means that neither spouse needs to be blamed for the breakdown of the marriage. This is usually preferable to filing a fault-based divorce because it doesn’t require you to prove the allegations that your spouse was to blame.
Even when infidelity is a factor in the breakdown of a marriage, it would likely have no impact on property division or child custody. It is possible that your spouse’s infidelity could have an impact on decisions about awarding alimony and alimony amounts. Because this is case-specific, however, you should discuss it with your attorney instead of making any assumptions.
How is property divided in a divorce?
Florida recognizes what’s known as the equitable distribution model of divorce. This means that any assets considered marital property must be divided equitably, which is not always the same thing as equally. We discuss this in more detail on our equitable distribution page.
How long will it take to complete my divorce?
Unfortunately, there is no blanket answer to this question. It will depend on factors such as:
- Whether you agree on all terms of the divorce (filing uncontested) or have disagreements that need to be resolved (contested divorce)
- Whether you choose litigation or an alternative method like mediation
- How busy the courts are
- Whether child custody is a factor in the divorce (if it is contested)
- Whether you are new to the state (there are some residency requirements)
As a general rule, your case can be resolved much more quickly if there are few (or no) areas of disagreement and if you are committed to negotiating with your spouse. In very simple divorce cases that are uncontested, couples can complete the process within four to five weeks. This is rare, however. Most cases last at least several months, and some can take more than a year.
Reach Out Today To Schedule Your Initial Consultation
Located in Satellite Beach, Florida, Lesley Turmelle Abbott, P.A., serves clients throughout Brevard County. To get answers to your own divorce questions from an experienced attorney, call us at 321-253-2275 or send us an email.