Is mediation required to get divorced in Florida?
Post-suit mediation is a court-ordered requirement in the 4th Judicial Circuit in Florida (Nassau, Clay, and Duval Counties), but it does not mean that you must use the mediation forum to reach your divorce settlement. All couples seeking divorce may attempt to settle the dispute themselves, through voluntary mediation, or through court-mandated mediation once the divorce is filed.
What is time sharing?
Time sharing was formerly called visitation and custody and refers to the amount of time the parents spend with their children as dictated by the parenting plan incorporated into the divorce judgment.
Should we get separated before we get divorced?
There is no legal basis for divorce separation in the state of Florida. It is not a recognized facet of matrimonial law in the state. If you and your spouse live in another state, then divorce separation may be a viable option. Contact our attorneys for help formulating a divorce plan.
My child’s father’s name is permissibly printed on the birth certificate. How can a paternity dispute arise?
Signing a birth certificate will not determine that someone is the legal father of the child, rather, that is accomplished through a paternity action that is filed with the court.
What are the residency requirements for divorce in Florida?
One of the parties seeking divorce must have lived in Florida for 6 months in order to meet the residence requirements in the state. Divorce is filed in the county of residence.
What is “equitable distribution”?
Equitable distribution is the legal concept used to divide property among divorcing spouses. It means that property will be divided in a manner the court deems equitable to both parties. The court starts with a 50/50 split but can change the percentage based on these factors:
- Each party’s contribution to the marriage
- Economic circumstances of each party
How long does it take to get divorced?
It depends on the circumstances. If both parties are in agreement to divorce and are also in agreement concerning the settlement parameters, then a divorce may take only a few months time.
When the parties do not agree on divorcing or settlement issues, divorce litigation can take a significant amount of time to reach a final settlement.
My ex-spouse is filing for bankruptcy. Will he/she no longer pay child support?
Even though your ex is declaring bankruptcy, he or she is still legally required to pay child support payments, on time and in full.
Contact Alvarez & Wallace, P.A. for family law representation in Florida from highly skilled and resourceful lawyers. We practice in all Nassau, Clay, and Duval County courts. Our firm is located in Fernandina, and we look forward to helping you overcome your family law challenges.