Divorce Lawyer in Orlando, FL

Child Custody and Time-Sharing

Florida laws regarding child custody and visitation prioritize the child’s best interests. The law starts with a baseline presumption that both parents should be involved in their children’s lives. Judges then consider numerous factors in time-sharing decisions, such as which parent provides the most stable home environment, the child’s health and safety, the child’s age, and the child’s wishes.

Child Support

Florida judges determine child support based on the number of children involved, who they live with, and their parents’ incomes. If parents make equal money and have custody over their children for equal amounts of time, there may be no child support ordered. Having an experienced lawyer help you with child support issues is critical to ensure a result that protects your child’s best interests without unfairly privileging one parent over the other.

Alimony

Judges may order temporary alimony while your case goes through the divorce process. As part of a divorce settlement, a judge may order three types of alimony:

• Bridge-the-gap alimony is limited to two years and helps the spouse with fewer resources transition from married to single life.
• Rehabilitative alimony is limited to five years and helps one spouse receive education or job training so they can become financially independent.
• Durational alimony is ordered for a set period and is determined based on the length of the marriage.

As of 2023, Florida law no longer permits permanent alimony.

Property Division

Florida judges make property division decisions based on what is fair and equitable. They may divide marital assets and liabilities equally or decide that they all belong primarily to one party. It is important to secure high-quality legal representation to ensure you are not left with the short end of the stick.

Some assets, such as inheritances, are not considered marital property and cannot be split. Other assets may be excluded from property division based on a prenuptial or postnuptial agreement.

Prenuptial and Postnuptial Agreements

Parties who wish to protect some of their assets often sign prenuptial or postnuptial agreements. Among other things, these agreements may address what happens following a divorce or the death of a spouse. However, child custody arrangements are not enforceable if included in these agreements.

A judge must also decide whether these agreements are not grossly unfair, signed under duress, or direct one spouse to do something illegal. These kinds of defects render the contract unenforceable.

Paternity

If paternity is established, Florida law allows the father to seek custody and visitation and make upbringing decisions. It also entitles the mother to seek child support. If the parties don’t want to go through paternity testing, they can sign an Acknowledgement of Paternity. If your divorce involves questions about paternity, our Orlando paternity lawyers can help.

Domestic Violence

Florida law protects victims of domestic violence at various stages of their divorce. For example, a judge might refrain from ordering mediation if it would put one party in danger. Judges may also make decisions about who occupies the marital home, has time-sharing rights over children, and address other important concerns in situations involving domestic violence. Spouses who are victims of domestic violence can request a restraining order to protect them during their dissolution proceedings.

Relocation

Florida has strict laws regarding the relocation of children during a divorce. Parents can petition a court for relocation. Alternatively, they can sign a written agreement that accomplishes the following goals:

1. Reflect consent to the relocation
2. Define an access or time-sharing schedule for the nonrelocating parent and any other persons who are entitled to access or time-sharing
3. Describe, if necessary, any transportation arrangements related to access or time-sharing