Alimony: Alimony or spousal support may be granted to either the husband or the wife. The primary criteria for an alimony award is the financial need of one spouse and the ability of the other spouse to pay. There are a number of additional factors that are considered to determine whether alimony should be required such as the standard of living that was established during the marriage and the length of the marriage. Alimony can be permanent, a lump sump amount or rehabilitee to help the payee spouse obtain additional training or education.

Uncontested Divorce
An uncontested divorce is for those couples who are able to agree on the terms of their divorce.  This type of divorce is less expensive and generally is completed in a matter of weeks. Our attorney drafts the Marital Settlement Agreement that will address all matters relevant to the marriage.

When considering a divorce there are number of issues that need to be addressed. Our divorce attorney will answer your questions, advise you of your rights and protect your rights.

Child custody and visitation: Any decisions regarding a child is determined based on the best interest of the child. Florida encourages both parents to have a relationship with the child unless it is to the detriment of the child. Typically the parents will have shared parental responsibility where both parents share in decisionmaking for the child.  Typically, the home of one parent is designated the child’s primary residence. The other parent is generally granted reasonable and liberal visitation or timesharing.

Child support:  Child support is set in accordance with the Florida child support guidelines.  Each parent is required to complete a financial affidavit which will determine each parent’s net income. From this net income the guidelines indicate the minimum child support figure as well as a percentage obligation for each parent. The non-custodial parent pays the child support to the primary residential parent or the custodial parent. Work related child care costs, health insurance costs and uncovered health care treatment are included in the formula for child support.

Property Division:  Once marital assets and debts are identified the court begins with the premise that the division should be equal, unless there is a justification for unequal division of property based on factors such as the length of the marriage and the contribution of both spouses to the marriage. Florida is an “equitable distribution” state thus the marital property will divided in a fair or equitable fashion not necessarily equal. Any assets acquired or debts incurred during the marriage by either spouse may be classified as marital including retirement benefits.