5 Most Common Questions about Divorce

Not a day goes by without at least one or more of these questions. We hope this list will help you in your decision.

1) Is my spouse entitled to half of everything I own?
Generally speaking, yes. Most assets acquired during the marriage are considered marital property and are subject to equitable distribution. Pre-marital assets are usually considered separate property and would not be entitled to the other spouse at the time of divorce. Also, an inheritance that is not co-mingled with marital funds, or real estate inherited that does not include the spouses name on the title, would normally be considered separate property and would not be entitled to the other spouse as well.

2) How much alimony am I entitled to?
That depends on the Judge’s application of the law to the facts of your case. There is a list of statutory factors in the law that a Judge must consider when determining the type, length of time, and amount of alimony that one spouse will be required to pay the other spouse. Each case is different, depending on the facts of the marriage, including such things as length of marriage, disparity in income, age, health, and education of each spouse, as well as other factors. Not every case requires an automatic payment of alimony. A new alimony law was just passed, eliminating permanent alimony and any alimony in marriages less than 11 years. I will discuss this further in an upcoming article.

3) How much time will the Judge give my former spouse with our children?
There is a list of factors, in Florida law, which the Judge uses to consider frequency and length of time-sharing in the case involving minor children. The outcome of each case can vary, depending on the Judge’s discretion and factors of each case. Under a new law that just passed, that is now being sent to the Governor of Florida for approval, children would automatically split their time equally with both parents. There may be exceptions under certain circumstances.

4) How much child support will I receive from my former spouse?
In the state of Florida, child support is based on mathematical calculations, set forth in the law, and includes such factors as the parents’ income, daycare costs, health insurance costs, and amount of time each parent will be spending separately with their minor children. It also depends on how many minor children are in the family at the time of divorce.

5) How long will it take to complete my divorce?
That usually depends on whether the divorce is contested or uncontested. An uncontested divorce can sometimes be completed, from start to finish, in as little as two to three months. A contested divorce, where the parties are unable to agree on one or more issues of their case, can take one to two years to resolve. The wise decision is for both spouses to compromise their claims and demands and enter into a written resolution with their spouse, thereby turning their divorce into an uncontested case.