At Mishali Law, P.A., we are committed to offering compassionate and effective support during one of life’s most challenging transitions. Divorce can be emotionally overwhelming, but with the guidance of a skilled attorney, you can move forward with confidence. Our team is dedicated to tailoring our approach to meet your unique needs, ensuring you understand your legal rights and the steps ahead.
Understanding Divorce in Florida
Divorce presents complex legal and emotional challenges. Whether you're addressing custody arrangements, spousal support, or property division, you need an attorney who not only understands Florida law but also prioritizes your well-being. At our firm, we approach every case with professionalism, patience, and a drive to achieve the best possible outcome for you.
Florida’s Divorce Laws: What You Need to Know
Florida is a no-fault divorce state, meaning you don’t need to prove that one party was at fault to file for dissolution of marriage. Divorces in Florida can be granted on two grounds:
- The marriage is irretrievably broken.
- One spouse has been declared mentally incapacitated for at least three years.
Additionally, at least one spouse must have resided in Florida for six months before filing for divorce and have the intent to remain in the state.
Contested vs. Uncontested Divorce: Key Differences
A divorce can either be contested or uncontested. An uncontested divorce occurs when both spouses agree on all major issues, including child custody, property division, and support, making the process quicker and less costly. Whereas, a contested divorce happens when spouses are unable to agree, requiring the court to intervene and make decisions on their behalf.
Key Issues in Florida Divorce Cases
Navigating a divorce in Florida involves addressing several critical legal issues, each with its own set of complexities and considerations. Understanding these key areas is essential for achieving a fair and equitable outcome. This overview explores the core aspects of Florida divorce law, providing insight into child custody, support, asset division, and spousal support.
Child Custody & Parenting Plans Under Florida Law
Florida courts prioritize the best interests of the child when deciding parenting plans and custody arrangements. Both parents are encouraged to share parental responsibilities unless circumstances suggest otherwise. A detailed parenting plan will outline time-sharing schedules, decision-making responsibilities, and other terms.
Child Support Guidelines & Modifications
Child support in Florida is calculated based on state guidelines, which consider factors like income, number of children, and custody arrangements. Life circumstances can change, so modifications to support agreements may be requested when necessary.
Division of Assets & Debts in a Florida Divorce
Florida follows equitable distribution for dividing marital property and debts. This doesn’t necessarily mean a 50/50 split but rather a division that the court deems fair. Understanding what qualifies as marital versus non-marital property is crucial.
Spousal Support (Alimony) – What to Expect
Alimony eligibility depends on factors such as the length of the marriage, income disparity, and the standard of living during the marriage. There are several types of alimony in Florida, including temporary, rehabilitative, durational, and permanent. For example:
- Temporary Alimony: This type of alimony is awarded during the divorce proceedings to help a spouse maintain their standard of living until the final judgment is entered. It provides immediate financial assistance during a period of transition.
- Rehabilitative Alimony: This alimony is intended to assist a spouse in acquiring the necessary education, training, or work experience to become self-supporting. A specific plan outlining the steps to achieve self-sufficiency is required. The duration of this alimony is tied to the time needed for rehabilitation.
- Durational Alimony: This type of alimony provides support for a defined period, especially in marriages of moderate length where permanent alimony is not appropriate. The length of the support cannot exceed the length of the marriage.
- Permanent Alimony: This is typically reserved for long-term marriages where one spouse lacks the ability to become self-supporting. It provides ongoing support until the receiving spouse remarries or either party dies. Courts are now much less likely to award permanent alimony.
Understanding these different types of alimony is crucial for both parties involved in a divorce, as they can significantly impact financial stability post-divorce.
How Our Boca Raton Divorce Attorney Can Help
At Mishali law, P.A., we understand the emotional and financial stakes involved in divorce. Our team is here to simplify the process by handling all legal complexities while providing you with clear communication and strategic advice. We assist with every stage of the divorce process, including preparing legal documents, conducting financial discovery, attending mediation, and representing you in court if necessary.
With our compassionate approach, we work tirelessly to protect your rights and achieve outcomes that align with your long-term interests.
Schedule a Consultation with Mishali Law, P.A. Today
If you are considering divorce and have questions about your legal rights, we are here to help. Our Boca Raton divorce attorney is ready to provide you with the personalized support and guidance you need. Contact Mishali Law, P.A., to schedule a consultation today.
