Addressing Key Legal Issues in Divorce
Divorce proceedings involve several important legal matters, including the division of marital property, alimony, and child support. At CLS Law Firm, we provide legal representation to assist clients in navigating these matters in accordance with Florida law.
Equitable Distribution of Assets and Debts: We assist clients in identifying and dividing marital property and obligations in a manner that considers each party’s financial situation and contributions during the marriage.
Alimony and Spousal Support: Our attorneys provide information on Florida’s alimony guidelines and assist with support arrangements based on statutory factors, including length of the marriage, standard of living, and financial need.
Legal Considerations for Families with Children
When divorce involves children, our services include legal guidance on parenting plans and child support, aiming to support the child’s continued stability and development.
Child Support and Parental Responsibilities: We help clients understand and apply Florida’s child support guidelines and assist in drafting parenting plans that address decision-making responsibilities and time-sharing schedules.
Best Interests of the Child: Our legal recommendations are based on Florida law’s best-interest standard, which prioritizes the child’s physical, emotional, and developmental needs.
Legal Support Throughout the Divorce Process
CLS Law Firm provides legal guidance throughout the divorce process tailored to each client’s specific circumstances. Our services aim to help clients make informed decisions that protect their legal rights and consider the well-being of all family members.
Tailored Representation: We work with clients to address their individual legal goals and circumstances in matters such as property division, support, and parenting arrangements.
Post-Divorce Planning: We assist in drafting agreements designed to support a stable transition and clarify responsibilities following the conclusion of the divorce.
What are the legal grounds for divorce in Florida?
In Florida, a marriage may be dissolved if it is considered irretrievably broken, or if one of the spouses has been mentally incapacitated for at least three years. These grounds are based on the state's no-fault divorce principle, which centers on the breakdown of the marriage without assigning fault.
How long does a divorce take in Florida?
The duration of a divorce in Florida can vary, typically ranging from a few months for uncontested cases in which both parties agree on all terms, to longer periods for contested cases that involve court proceedings to resolve disputes.
Do both spouses need to agree to the divorce?
No, mutual agreement is not required for a divorce in Florida. Only one spouse needs to file for divorce, stating that the marriage is irretrievably broken, and consent from the other spouse is not necessary.
How is property divided in a Florida divorce?
In Florida, marital property and debts are divided equitably, which means the division is fair but not necessarily equal. The court takes into account several factors, including the length of the marriage and the financial circumstances of each spouse, to determine the appropriate distribution.
Can alimony be modified after the divorce is final?
Yes, alimony may be modified after a divorce if one party demonstrates a substantial change in circumstances, such as a notable change in income, that justifies an adjustment of the support amount. Each case is different and must be evaluated on its own merits. Past results are not a guarantee of future outcomes.
How are child custody and visitation determined?
Child custody and visitation in Florida are determined based on the best interests of the child. Considerations include each parent's responsibilities, the child's relationship with each parent, and factors related to the child's home, school, and community environment.
What is a parenting plan, and is it required?
A parenting plan is an agreement that outlines how parents will share responsibilities related to raising their child, including custody and visitation arrangements. In Florida, a parenting plan is required in cases involving minor children to address their well-being.
Can a divorce decree be appealed in Florida?
Yes, a divorce decree can be appealed in Florida if one party believes there was a legal error in the court's decision. The appeal must be based on specific grounds alleging that the court made an error in applying or interpreting the law.
What is mediation, and is it mandatory in Florida divorces?
Mediation is a conflict resolution process involving a neutral third party who assists the spouses in attempting to reach a settlement. In Florida, mediation is often required before a case proceeds to trial to encourage parties to resolve their disputes outside of court.
How does remarriage affect alimony and child support?
In Florida, remarriage can affect alimony payments, potentially leading to their termination or reduction if the financial circumstances of the receiving spouse change. However, remarriage does not automatically change child support payments, which may be modified only if there are significant changes in the financial circumstances of either parent.
