Florida Family Law FAQs
Below are general answers to some of the questions we get most often at True North Law, P.A., as we guide clients through the complicated legal processes involved in divorce, paternity, child support, and other family law matters. For legal advice and personal assistance customized to your unique needs, contact True North Law, P.A., in Miami at 305-999-5523 to speak with a knowledgeable and experienced Miami family law attorney.
How long does it take to get divorced?
The timeline for getting a divorce in Miami can vary significantly depending on several factors, including whether the divorce is contested or uncontested. An uncontested divorce, where both parties agree on all terms, can be finalized in as little as three to six months. Contested divorces, where there are disputes over issues like property division, child custody (timesharing), or alimony, can take much longer, potentially a year or more, depending on the complexity of the case and the court’s schedule.
What does it cost to get divorced?
The cost of a divorce in Miami can vary widely. An uncontested divorce typically costs less, with fees ranging from a few hundred to a few thousand dollars, including court fees and legal fees. Contested divorces are more expensive due to the additional time and legal resources required, and costs can range from several thousand to tens of thousands of dollars. Factors influencing the cost include attorney fees, court costs, and expenses for additional services such as mediation or expert witnesses. The team at True North Law, P.A., strives to provide high-quality legal services in a cost-effective manner and is prepared to discuss costs with you during your initial consultation with our firm so you will have an idea of what to expect.
How do I pay for my lawyer and living expenses until my divorce case is resolved?
Paying for legal fees and living expenses during a divorce can be challenging. Courts generally impose a temporary order once a divorce is filed which keeps either spouse from selling substantial property or incurring significant expenses while the divorce is ongoing, as such activity could affect the equitable distribution of marital property. Even so, it is often possible to use marital assets to pay for legal fees and living expenses during the divorce; your attorney can advise you regarding your specific situation. The court can also order temporary alimony as well as child support during the pendency of the proceedings. Talk to your lawyer about requesting support from the court if this situation applies to you.
Will my case go through mediation?
Mediation is a process where a neutral third-party mediator helps the divorcing couple negotiate and reach a settlement on various issues such as property division, child custody, and support. Mediation can be a cost-effective and faster alternative to going to court. Although not mandatory in all instances at the state level, in Miami-Dade and Broward County, most divorce cases are required to go through mediation before going to trial. We offer advice and representation in mediation when desired by the parties or ordered by the court to resolve your outstanding issues cost-effectively and in your best interests.
Do I have to go to court to get divorced?
Not all divorces require a court appearance. If you and your spouse reach an agreement on all terms of the divorce, you may be able to file an uncontested divorce and finalize it without a court appearance. However, if there are disputes that cannot be resolved through negotiation or mediation, you may need to go to court for a judge to make the final decisions.
What is an uncontested divorce?
An uncontested divorce is when both parties agree on all terms of the divorce, including property division, child custody, and support. This type of divorce is typically faster and less expensive than a contested divorce because it does not require a trial. The agreed-upon terms are submitted to the court for approval, and if everything is in order, the divorce can be finalized relatively quickly. Our firm is available to advise you and help you keep an uncontested divorce from becoming contested, and we offer services related to negotiation, drafting, and review of property settlement agreements, parenting plans, and other necessary documents.
What is a simplified dissolution of marriage?
A simplified dissolution of marriage is a streamlined divorce process available to couples who meet specific criteria, including:
- Both parties agree that the marriage is irretrievably broken.
- There are no minor or dependent children from the marriage.
- Both parties have agreed on the division of all property and debts.
- Neither party is seeking alimony.
This process requires less paperwork and court appearances, making it a quicker and less expensive option for eligible couples.
What is a QDRO and how do I get one?
A Qualified Domestic Relations Order (QDRO) is a legal order required to divide certain types of retirement plans during a divorce. A QDRO allows a spouse to receive a portion of the other spouse’s retirement benefits. To obtain a QDRO, you will need to:
- Determine if a QDRO is necessary for your specific retirement plan.
- Draft the QDRO with the help of your attorney, ensuring it meets the plan administrator’s requirements.
- Obtain approval from the plan administrator.
- Submit the QDRO to the court for approval.
- Provide the approved QDRO to the plan administrator for implementation.
Can the custodial parent take the kids and move without the other parent’s permission?
In Florida, the custodial parent cannot move more than 50 miles away from their current residence with the children for more than 60 consecutive days without the other parent’s written consent or court approval. If the other parent does not consent to the relocation, the custodial parent must file a petition with the court seeking permission to relocate. The court will consider several factors, including the best interests of the child, the impact on the child’s relationship with the other parent, and the reasons for the move before making a decision.
