Family Law FAQ
How soon can I get a divorce?
By Florida Statute, you cannot be granted a divorce any sooner than 30 days after the Petition for Dissolution is filed. Beyond that, it depends on the cooperation of the parties.
Can I get joint or shared custody of my children?
“Shared custody” is a term that is used a lot but means very little. True shared custody, also known as joint custody, is difficult unless both parents get along well, and live in close proximity to one another (school is an obvious consideration). Otherwise, the courts do not like to even consider it.
My ex is not letting me see my children as agreed to (or court ordered to), can I stop paying child support?
No, you still need to continue paying child support. If your ex is not allowing you to see your children, call an attorney right away.
Am I entitled to alimony?
In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature. In the absence of an agreement between the parties, the basis of a decree awarding alimony is an obligation imposed by law requiring a spouse to do what in equity and good conscience he or she ought to do under the circumstances. The judge has broad discretion to award alimony.
Can I modify my child support or alimony?
When the parties enter into an agreement for alimony or when a party is required by court order to make any payments and the circumstances or the financial ability of either party changes, either party may apply to the circuit court for an order decreasing or increasing the amount of support, maintenance, or alimony.
Can I seek dissolution of marriage in the state of Florida even if I do not reside here?
A husband and wife must be legal residents of the state of Florida in order to seek dissolution of marriage in this state. That means that the husband and wife must have resided as man and wife in Florida for at least 6 months before filing for divorce.