Frequently Asked Florida Family Law Questions
Below are answers to common questions about family law, divorce, and custody in Florida from Annette Sanchez Law, P.A., serving Miami Lakes and Miami-Dade County. This information is general and is not legal advice. For guidance on your specific situation, call 305-796-2273 for a free consultation.
How is child custody decided in Florida?
Florida uses the terms “time-sharing” and “parental responsibility” rather than “custody.” Courts decide based on the best interests of the child under Florida Statute 61.13, weighing factors such as each parent’s ability to provide a stable environment, the child’s needs, and each parent’s willingness to support the child’s relationship with the other parent. Florida public policy favors both parents having frequent and continuing contact.
Does Florida require a reason for divorce?
No. Florida is a no-fault divorce state. You only need to state that the marriage is irretrievably broken. You do not have to prove wrongdoing by either spouse.
How long does a divorce take in Florida?
Florida has a 20-day mandatory waiting period after the petition is served, so an uncontested divorce can sometimes be finalized in about four to five weeks. Contested divorces involving disputes over property, support, or children typically take several months to more than a year, depending on complexity.
How is child support calculated in Florida?
Florida uses an income shares model under Florida Statute 61.30. Support is based on both parents’ combined net incomes, the number of children, the time-sharing schedule, and costs such as health insurance and childcare. Courts apply the statutory guidelines to determine the amount.
How is property divided in a Florida divorce?
Florida is an equitable distribution state. Marital assets and debts are divided fairly, which usually means equally, unless specific factors justify an unequal split. Separate, non-marital property generally remains with the original owner.
Can I modify a custody or child support order in Florida?
Yes. Time-sharing, parental responsibility, and child support orders can be modified when there is a substantial, material, and unanticipated change in circumstances and the change is in the best interests of the child.
What types of alimony are available in Florida?
Florida courts may award temporary, bridge-the-gap, rehabilitative, or durational alimony. Courts consider factors such as the length of the marriage, each spouse’s financial resources and earning capacity, and the standard of living during the marriage. Florida law was updated in 2023 and no longer provides for permanent alimony.
How do I establish paternity in Florida?
Paternity can be established by marriage, by signing a voluntary acknowledgment of paternity, or through a court action that may include DNA testing. Establishing paternity gives a father legal rights and responsibilities, including time-sharing and child support.
What is a guardian ad litem?
A guardian ad litem is a person appointed by the court to represent the best interests of a child in a family law or dependency case. The guardian ad litem investigates the situation and makes recommendations to the court about the child’s welfare.
What is the difference between mediation and collaborative divorce?
In mediation, a neutral third party helps spouses reach an agreement. In a collaborative divorce, each spouse has their own attorney and everyone agrees in writing to resolve the case without going to court. Both are out-of-court options that can reduce conflict, time, and cost.
Do I need a lawyer for an uncontested divorce in Florida?
A lawyer is not legally required, but even in an uncontested case an attorney can make sure the paperwork is correct, protect your rights on property and parenting issues, and help you avoid costly mistakes.
Which court handles family law cases for Miami Lakes residents?
Family law cases for Miami Lakes residents are generally handled in the Miami-Dade County Circuit Court, part of the Eleventh Judicial Circuit of Florida.
The information above is general legal information about Florida family law and is not legal advice. Every case is different. To discuss your situation, contact Annette Sanchez Law, P.A. at 305-796-2273 for a free consultation.