FAQs
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Frequently Asked Questions
How does Florida handle child custody cases?
Florida no longer uses the term “custody.” Instead, courts decide parental responsibility and time-sharing based on what is in the best interests of the child, with a strong preference for both parents to remain involved whenever it is safe and appropriate.
Is Florida a 50/50 custody state?
Florida courts often consider equal time-sharing, but it is not automatic. The final schedule depends on factors such as each parent’s availability, the child’s needs, school stability, and the ability of parents to cooperate.
How long does a divorce take in Florida?
An uncontested divorce can be finalized in as little as 30–60 days, while a contested divorce may take several months to over a year, depending on disputes over property, support, or children.
Do I have to go to court for a divorce or custody case?
Not always. Many family law cases in Florida are resolved through mediation or negotiated agreements, which can save time, money, and emotional stress. Court involvement is required if disputes cannot be resolved.
How is child support calculated in Florida?
Florida uses state child support guidelines, which consider each parent’s income, time-sharing schedule, health insurance costs, daycare expenses, and other factors. Support amounts may vary based on individual circumstances.
What is the difference between contested and uncontested divorce?
An uncontested divorce means both spouses agree on all issues, including property, support, and parenting. A contested divorce involves disagreements that require negotiation, mediation, or court decisions.
How does Florida divide property in a divorce?
Florida follows equitable distribution, meaning the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on relevant factors under the law.
Will I have to pay alimony in Florida?
Alimony depends on factors like the length of the marriage, financial need, and ability to pay. Florida recognizes several types of alimony, and recent law changes emphasize fairness and financial independence when possible.
Can a parent relocate with a child in Florida?
Relocation of 50 miles or more requires either written consent from the other parent or court approval. The court will evaluate whether the move is in the child’s best interests.
What happens if the other parent violates a court order?
If a parent fails to follow a court order, the other parent may file a motion for contempt or enforcement, which can result in makeup time-sharing, fines, or other legal consequences.
Do I really need a family law attorney?
While not legally required, a family law attorney can help protect your rights, avoid costly mistakes, and guide you through complex legal and emotional issues — especially when children, assets, or support are involved.
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