ABOUT THE PROCESS

Can you represent both me and my spouse? No.  Florida Rules of Professional Conduct do not allow one lawyer to represent both parties in dissolution of marriage actions.

How much will my case cost? There are a large number of variables.  It depends on the specific type of legal matter and the facts of the case, time and opposing party and counsel.  We will provide you with personalized legal options at the time of your initial consultation that will include several different fee structure options.  Regardless of whether your fees are phase-based, flat-fee unbundled or advance estimated hourly, our goal is that you will know what services will be provided and generally how much they will cost you prior to purchasing them.

How long will it take? No two cases are exactly alike. We will provide you with personalized legal options at the time of your initial consultation which will include estimated time lines for each option and phase of the process.

Do you offer a free consultation? No, we do not offer free consultations. However, if you retain InFocus Family Law Firm within thirty (30) days of your initial consultation, you will get credit for the consultation fee towards your service contract.  The initial consultation will be a flat fee based on a one-hour consultation. You will leave your consultation with real information about the law as it relates specifically to your matter and with your questions answered.

If I don’t retain the firm is my consultation confidential? All client contact with InFocus Family Law Firm is confidential beginning with the first time you meet with an attorney at our firm regardless of whether you retain the firm or not.

ABOUT FLORIDA LAW

Do I need a prenuptial agreement before I get married? A prenuptial agreement is recommended when either the bride or groom, before the marriage,  wants to clearly define how assets obtained prior to and after the marriage will be handled should the marriage end in divorce.  Many prenuptials also include terms about potential alimony claims for the lesser earning spouse.

Do I have to have a specific reason to get divorced? Florida is a no-fault divorce state.  The only grounds necessary for divorce in the state of Florida are “irreconcilable differences.”

What if one spouse wants a divorce, but the other doesn’t? Florida law provides that one spouse may file with the domestic clerk in the county where the parties last resided as a marital couple a petition for dissolution of marriage based on the grounds of “irreconcilable differences.”

Am I entitled to An Annulment? Probably not.  Annulments are rarely granted in the state of Florida.  An annulment is granted generally for one of three reasons: (1) the party not requesting the annulment was unavailable to marry because he/she was still legally married to someone else or was not old enough to marry and married without consent; (2) the party requesting the annulment was drugged or drunk at the time and did not know they were getting married; and (3) the marriage was never consummated.

What is legal separation? Florida does not recognize legal separation.  A couple is either married or not.

How long do I have to live in Florida to file for divorce? Six months prior to filing of initial pleading with the Clerk of Court.  You must be able to establish residency in the form of a Florida driver’s license, apartment lease, proof of homestead property, etc.

Who gets what? Florida courts recognize marriage as the personal equivalent of a business partnership.  Every asset or liability brought into the partnership from the date of marriage until the filing of a petition or entering into a marital settlement agreement is an asset or liability of the marriage.  It doesn’t matter who brought in the asset or created the liability.  The presumption is each party is entitled to a fifty/fifty distribution of all assets and liabilities at the time of the divorce. An equitable distribution worksheet is generally presented to the court during trial.  An equitable distribution worksheet usually lists and totals all assets and all liabilities. and is used by the court to determine equitable distribution.

What is alimony? There currently are no set guidelines for alimony or spousal support.  The court will initially look at the need of the lesser income earning spouse and the ability to pay of the higher earning spouse.  Once need and ability to pay has been established, the court looks at several other factors including length of marriage, educational level, work experience and contribution of each party to the marriage prior to determining if alimony is appropriate.  There are several different types of alimony.

Permanent Periodic Alimony – This type of alimony is usually for long term traditional marriages where one party has worked and the other has maintained the home and raised the children.  Permanent periodic alimony is a set amount that is paid monthly to the lesser earning spouse until one spouse dies, the lesser earning spouse remarries or is substantially supported by an unrelated third party.  Permanent periodic alimony is taxable to the lesser earning spouse and deductible to the paying spouse.  Permanent periodic alimony, like child support, is modifiable if there is a substantial increase or decrease in either parties’ income.

Lump Sum Alimony – A lump sum amount which can be paid all at one time or over a set period of time.

Rehabilitative Alimony -  Allows the lesser income earning party to return to school for additional education to obtain a better job.  In certain circumstances, the court can order that the higher income earning spouse pay part or all of the cost of that education.  (Please note:  The spouse must actually have taken steps towards the education such as taking the required admission tests, filing applications and being accepted.)

Bridge-the-Gap Alimony – Usually requested in short term marriages where one party has no money to support themselves for an interim period of time prior to having a chance to obtain employment or to find a place to live.  This is typically a set monthly amount paid for three months up to a year.

Temporary Alimony – Temporary alimony can be requested prior to the final judgment of dissolution of marriage to allow the lesser income earning spouse to be able to pay their ongoing expenses until the entry of the final divorce decree.  This type of alimony terminates once permanent alimony is determined.

Nominal Alimony – A form of permanent periodic alimony that is a low monthly dollar amount.  Usually put in place when there is an expectation that the higher earning spouse is voluntarily under-employed.

Do we have to go to mediation? Yes, in litigated matters.  Most circuit courts now require that prior to appearing in front of a judge, even on temporary matters, that the parties attend mediation in an attempt to resolve the issues themselves.

What is a Marital Settlement Agreement? A postnuptial agreement,  also called a marital settlement agreement, is a contract entered into after the couple are married.  Postnuptials or marital settlement agreements deal with many of the same issues that prenuptials deal with in reference to finances, assets, liabilities and alimony.  However, postnuptials may also deal with issues regarding any children born during the marriage such as time-sharing.

Is the divorce final once an agreement is signed? No.  Even if you and your spouse enter into a mediated or marital settlement agreement dealing with all the issues related to your matter, you will still need to have an order signed by a judge declaring the divorce to be final.

What is a parenting plan? The Florida courts now require that any divorce matter involving children contain a parenting plan filed prior to the final divorce decree.

This document primarily indicates where the children will be spending their time.

Prior to October 2008, the term was called “visitation,” however, the current legal term is “time-sharing.”  Both deal with the details of where the children will spend their time.  There also is no longer a “primary” parent designated by the court in the final divorce decree.  There are still parenting plans approved by the court where one parent is considered the “substantial, time-sharing, residential parent” and has the minor children the majority of the time.

What does the court consider when awarding child support? Child support guidelines are calculated by a formula established by the Florida Statutes.  Child support guidelines are calculated based upon each parent’s income minus any deductions/credits for taxes, health insurance and daycare/aftercare expenses for minor children.  The number of overnights the child spends with each parent is also taken into consideration in the calculation.  A child support guidelines worksheet should be filed in any case involving child support.

How are assets and debts of marriage divided? Florida courts consider marriage as the personal equivalent of a business partnership.  Every asset or liability brought into the partnership from the date of marriage until the filing of a petition or entering into a marital settlement agreement is an asset or liability of the marriage.  It doesn’t matter who brought in the asset or created the liability.  The presumption is each party is entitled to a fifty/fifty distribution of all assets and liabilities at the time of the divorce.

Can I move out of state with my child? Relocation of children can only be done by written parental agreement or the serving of a notice of intent to relocate to the non-relocating parent including very specific information as to reasons for requested location and all contact information for new location.  The non-relocating parent has thirty (30) days to object in writing to the relocation.  If the relocation is contested, a hearing is required prior to the actual date of relocation.