If you’re looking for a “divorce attorney near me,” you are likely enduring a stressful, painful period in your life. A divorce will almost always involve anxiety, grief, and uncertainty. However, freedom and the chance of a new beginning await you on the other side.
You may wonder how to protect your sanity, your children’s well-being, and your hard-earned assets during and after a high net worth divorce. Knowing what to expect can help you regroup and plan for the future. Read on for some insights as the legal team of Cabanas Law Firm, the Divorce and Mediation Law Firm of Pembroke Pines, Weston, and Sunny Isles Beach, FL, answers the most common questions about divorce in Florida.
How Long Does a Florida Divorce Take?
A straightforward, uncontested divorce process may be swift in Florida. If both sides agree on vital issues like custody, child support, and property division, they may divorce within a few weeks.
However, most people should prepare for several months of back-and-forth negotiation while the lawyers on both sides work out the details of a divorce agreement. Divorce mediation may involve addressing highly contestable topics like alimony, division of debts, and visitation. In some Florida counties, a divorce can take over a year.
We suggest that you take a deep breath, pace yourself, and treat divorce like a marathon. It may take time, but eventually, you will be able to reach a reasonable settlement with the help of an experienced divorce attorney.
How Much Do I Have to Pay in Alimony?
Florida courts don’t have a set formula for alimony. Not every divorce involves alimony, as it depends upon the inequalities, if any, between the spouses’ financial situations. If the spouses cannot reach an agreement, the judge will award alimony based upon one side’s need and the other side’s ability to pay.
A divorce court may decide on a spouse’s eligibility for alimony and calculate the alimony sum based on several factors, including:
- The couple’s standard of living
- Length of the intact marriage
- The age and health of each spouse
- The financial resources and earning capacity of each spouse
- Each spouse’s contribution to the marriage, both financial and otherwise (like childcare and housekeeping)
How Is Child Support Calculated?
Ordinarily, Florida family law courts determine child support using a calculation based upon the net income of each party and the amount of time each party shares with the child(ren). Where the means of the parties are extraordinary (a high net worth family), the Court may analyze the lifestyle of the children in order to award support over and above the statutory, guideline amount. This type of support is called “good fortune support.” It may include such things as private lessons, private schools, tutors, travel expenses, and the like.
Sometimes, a change in financial situation or other circumstances may warrant modifying child support orders. Modification usually occurs no earlier than three years after the original order.
How Does Property Division Work in Florida?
Florida is an equitable distribution state. Divorce courts don’t automatically award 50% of the marital assets to each spouse but work to divide all joint property and liabilities (like debt) in a fair, equitable manner.
It is hard to predict how a divorce court in Florida will settle property distribution. A few elements may factor in, including:
- Each spouse’s earning contributions
- Each spouse’s non-financial contributions, such as childcare
- Both spouses’ earning potential
Florida courts also distinguish between marital and non-marital property. It’s important to remember that the law considers any jointly titled property or joint account marital property, even if it originally belonged to one spouse before the marriage. That said, in rare cases, a party may attempt to overcome the presumption that jointly-titled property was gifted. It is extremely difficult to overcome this presumption.
Do I Need a Divorce Lawyer?
Some couples succeed in achieving a fair, amicable separation agreement without a divorce lawyer. However, we highly recommend consulting an attorney before you begin divorce proceedings, especially if your divorce may involve high-stakes friction points like money, assets, or children.
If your spouse hires a divorce attorney while you do not, you may find yourself under-represented and cheated of your lawful rights. Working with an experienced family law attorney can help you protect your future, your finances, and your relationship with your children.
A divorce attorney will help ensure that:
- Any agreement you sign is legally valid and works to your advantage
- You retain your lawful share of the family property, savings accounts, and other assets
- You avoid getting saddled with an unfair share of any debt your spouse has accrued
- All matters related to child custody and time sharing get resolved in a fair, open, and non-manipulative manner
Divorce is one of the greatest upheavals you will ever go through. Safeguard your rights and leave nothing to chance. Contact the experienced divorce attorneys at Cabanas Law Firm, the Divorce & Mediation Law Firm of South Florida.
Divorce & Mediation Law Firm | Cabanas Law Firm: Your “Divorce Lawyer Near Me” in Broward and Miami-Dade Counties, FL
When you consider hiring a divorce lawyer, choose a results-driven, committed law firm that treats you as an individual and custom-builds a legal strategy to suit your needs. Our bilingual law firm is passionate about helping people protect their children and assets during divorce and other family law matters. We settle where we can and fight when we must.
The family attorneys of Cabanas Law Firm leverage their expertise to help you pass through a divorce with minimum mental, emotional, and financial damage. Be free, be happy! Call us at (954)-447-2580 or complete our online form today to schedule your strategy session with a Florida divorce attorney. We have offices in Pembroke Pines, Weston, and Sunny Isles Beach, FL.