Starting the Divorce Process
The first step in the divorce process in Florida is filing a Petition for a Dissolution of Marriage. The petition states what you are requesting in terms of asset division, child support, child custody and alimony. One of our skilled family lawyers will be more than happy to assist you with this.
What’s Included in Marital Property
Marital property refers to assets acquired during the course of a marriage. Some of the assets may include homes, vehicles, boats, retirement accounts, businesses and stocks.
Getting Full Custody of Children
While judges typically prefer to grant shared custody arrangements, they may give full custody under certain circumstances. For example, if one parent has a history of physical abuse, a judge may likely grant full custody to the other parent.
Judges will consider many factors when deciding to grant alimony or not, such as the length of the marriage, earning capacity of each spouse and education levels of each spouse. For example, if your spouse supported you financially during your marriage while you stayed at home, you may qualify for alimony.
How Child Support Is Calculated
The family court system in Florida uses several factors to calculate child support, including the gross income of each spouse, the number of children and the number of overnights each parent has with the children.
Requesting an Increase in Child Support
If there ever comes a time when you need more child support, you will have to file a supplemental petition for modification of child support. You must demonstrate to the court that your circumstances have changed dramatically. For instance, if you injured yourself and can’t work for a while, you may be able to obtain more child support.
Divorce Law Homepage
The McKinney Law Group is a law firm dedicated to helping individuals get through their divorce as painlessly as possible. We know how stressful and emotionally draining a divorce can be and want to make it easier on you. Our lawyers are highly experienced and skilled at their craft and have a true passion for helping others. We are proud to serve the Tampa, FL area and have represented dozens of people just like yourself.
We will treat you with the sensitivity and respect you deserve from the moment you walk in for your first consultation to the day your divorce is finalized. You can trust us to be an advocate in your time of need.
Grounds of Divorce in Florida
Florida is a no-fault state, so you don’t need to have a specific reason for getting a divorce. You can just cite irreconcilable differences, which means that marriage is beyond repair.
Qualifying for a Divorce in Florida
To file for divorce in Florida, you or your spouse must have been a resident of Florida for at least six months before filing a petition. You are also required to file for divorce in the county where you live. One of our skilled divorce lawyers can help you with this.
Property Division in Florida Divorce
Florida is an equitable distribution state, so property is divided fairly, not necessarily equally. Marital property includes all assets required in a marriage, such as a family home, vehicles, boats and vacation home. A judge will look at several factors before deciding how to divide property, like the length of the marriage and each spouse’s contribution to the assets.
Going to Trial
While it’s ideal to come to a favorable resolution out of the courtroom, it isn’t always possible. If you can’t come to a fair agreement at mediation, it may be necessary to take your case to trial. Our divorce lawyers are always prepared to take cases to trial and have the confidence to present your case in front of a judge.
Timeframe for a Divorce
A divorce is a tough process, so it’s understandable that you may want to get it over with as quickly as possible. However, it can be difficult to determine how long a divorce will take. Some divorces take just a few months to resolve while others take longer than a year. It depends on the individual circumstances of your case. Generally, the more complex a divorce is, the longer it takes to resolve.