Frequently Asked Questions About Getting a Divorce

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Going through a divorce can be a stressful, emotional life event. During this time, you may feel confused about what the right steps are, and how to handle the situation. Throughout the process, you are bound to have many questions and concerns about your pending divorce. To ensure you have all your doubts cleared, Divorce and Mediation Law Firm has answered some of the most Frequently Asked Questions about getting a divorce.

1. Can I get a divorce if my spouse does not want one?

Florida is a “no-fault” divorce state. Anyone who does not want to be married anymore can get a divorce. In very rare instances, if one party claims the marriage is not irretrievably broken, a court may order counseling first, but you cannot ultimately be denied a divorce.

2.Can I get alimony?

In Florida, alimony is based on the payee’s need and payer’s ability to pay at its core. However, other factors come into play such as the length of the marriage, need for someone to improve their education to be employable in the future, need a small amount of money to tide one over until he or she gets back on their feet and many other similar types of equitable circumstances. One who becomes disabled and unable to earn income during a marriage may also be entitled to alimony. Every case is different and requires the analysis of detailed facts.

3. Will I be able to see my child?

In Florida, the courts now start with a presumption that the parents will share time with their children equally. Various unique factual circumstances may be presented to convince a court that this “default” position is not in the best interests of the child. Those types of cases can be things such as special needs of the child, violence in the domestic relationship, drug or alcohol dependence by a parent, or something as simple as one parent’s schedule not allowing them to be with the children for half the time sharing.

4. How long will my divorce case take?

This is a question that has no definite answer, but it is asked by most people involved in a divorce case. Divorce cases can take anywhere from days or weeks to years, and that is largely dependent upon how much the parties desire to fight over the issues. Delay can also be caused by evasiveness in the discovery process or even the court’s overloaded dockets. While it is not what litigants want to hear, the answer is that a case ends up taking as long as it takes.

5. What will I have to pay in child support?

In Florida, child support has multiple components. The first component is the base guideline amount. That is determined according to a calculation based upon a statutory number arrived at through combining the parties’ net incomes. The second component is a pro rata share of the child’s health and dental insurance premiums. The third part is a pro rata share of the child’s child care (care necessary for the parents to work), and the fourth component is a pro rata share of uncovered medical and dental expenses for the child.

As one can see, these many components make it impossible to answer what sounds like a simple question, without a lot of careful analysis of incomes, deductions, and various expenses. Also, the final amount may be reduced where the payer has twenty percent or more of the overnights with the child(ren) in any given year.

6. How much will my divorce cost?

Like the question, “How long will my divorce take?” – This question is impossible to answer. Because the length of a divorce case has so many variables, the same applies to how much the divorce will cost. The less the parties fight, the less the costs.

7. Will I have to go to mediation?

In Florida, most jurisdictions now require mediation before trial. It is an excellent way for parties to control their destiny rather than handing their family’s future over to a stranger who may not know them as well and who does not have as much at stake.

8. How long will my divorce trial take?

This is dependent upon the number of issues to be tried and the number of witnesses to be heard. Trials can take anywhere from hours to days to weeks. On average, a day or so is the most likely answer.

If you have any more questions about getting a divorce, get in touch with our experienced legal representatives at Divorce and Mediation Law Firm. We are a leading family law firm consisting of top divorce and family law attorneys who will provide professional help with family legal services including divorce, child support, and custody issues.

We pride ourselves in treating each client as an individual and carefully plan for their particular legal needs and deliver effective legal services to achieve the best possible results. To know how we can help you, please contact us by clicking here.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Divorce & Mediation Law Firm | Cabanas Law Firm
18503 Pines Blvd, Suite 301
Pembroke Pines, FL 33029
(954) 447-2580


Sergio Cabanas, Esq. founded the Cabanas Law Firm in 2006 and provides Divorce and Family legal services, as well as Estate Planning, to ensure his clients have planned for their newly single life and are protected after their divorce. He began his career in law in 1992 as a prosecuting attorney at the Broward County State Attorney’s Office, then continued his litigation track as an insurance defense attorney defending medical professionals against medical malpractice claims and expanded into disability and life insurance claims. Sergio is a Certified Mediator registered in the Supreme Court of Florida and a frequent speaker in the community about the importance of Estate Planning to keep families out of probate court and to prepare essential instructions in the event of disability or incapacity.