Frequently Asked Questions About Divorce

General Divorce Questions

  • In short, no. The State of Florida is a “no-fault” divorce state. This means that either party may file for divorce for any reason. There is no requirement that either party needs to have committed any bad acts toward the other. If either the Husband, Wife, or partner simply doesn’t want to be married anymore, the individual can file for divorce.

    The Marriage is Irretrievably Broken

    When you do file for divorce or dissolution of marriage, you must only state that your marriage is irretrievably broken. This means that the marriage is beyond repair and neither party has the intention of fixing the relationship, reuniting, or cohabitating as spouses in the future. No reason for this needs to be provided.

  • In the State of Florida to initiate the divorce process, either the Husband or the Wife must file a Petition for Dissolution of Marriage with the appropriate court, and the Petition must be properly served on the other party.

    If you are eligible to file a simplified dissolution of marriage by meeting all of the requirements below, you can find more information about how to proceed here: Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage (--/--)

    Simplified Dissolution of Marriage Requirements:

    (Reminder, you must be able to check that ALL of these are true)

    ▢ You and your spouse agree that the marriage cannot be saved.
    ▢ You and your spouse have no minor or dependent child(ren) together, the wife does not have any minor or dependent children born during the marriage, and the wife is not now pregnant.
    ▢ You and your spouse have worked out how the two of you will divide the things that you both own (your assets) and who will pay what part of the money you both owe (your liabilities), and you are both satisfied with this division.
    ▢ You are not seeking support (alimony) from your spouse, and vice versa.
    ▢ You are willing to give up your right to trial and appeal.
    ▢ You and your spouse are both willing to go into the clerk’s office to sign the petition (not necessarily together).
    ▢ You and your spouse are both willing to go to the final hearing (at the same time).

    If you do not meet all of the above requirements, you will need to file a standard Petition for Dissolution of Marriage in your jurisdiction.

  • In the State of Florida, you can request that the Court order your spouse to pay some or all your attorney’s fees and costs. An award of attorney’s fees and costs is based on one spouse’s need for financial assistance towards attorney’s fees and costs, and the other spouse’s ability to provide a financial contribution towards the other person’s attorney’s fees and costs.

    If this is something you want to pursue, you need to address this in the initial filing for divorce with the petition of dissolution or in your response to your spouse’s petition.

    Here are a few things to consider before requesting attorney fees to be awarded in your divorce settlement or order:

    • Does your spouse earn considerably more than you do?

    • Is your attorney defending you specifically against allegations made by your spouse.

    • Did you hire an attorney about enforcing an existing court order?

    • Is your spouse filing unsubstantiated motions with the intent of intimidating you or delaying/drawing out the divorce process?

    • Does your case involve domestic violence allegations against your spouse?

    There are multiple circumstances where you could potentially have your spouse pay your attorney fees. These include:

    • Divorce cases

    • Child Custody Cases

    • Enforcement Cases

    • Additional Family Law Matters

    It is suggested that you discuss openly with your attorney your ask and expectations in addition to the particular details of your individual case to determine if you can get your spouse to pay for court, legal, and attorney’s fees.

  • Yes, you can file your own paperwork to begin divorce proceedings. If you choose not to hire a lawyer to represent you, you are permitted to represent yourself which would require you to prepare and file your own paperwork. It is important to know, understand and accept the responsibility that self-represented “pro se” litigants are held to the same legal rules and standards that lawyers are.

    State of Florida Court System Self-Help Option

    The state of Florida court system has a self-help section on its website where you can find step-by-step instructions that need to be followed, information about fees and toolkits, and all of the forms you will need to provide for the dissolution of marriage. You can find resources and available forms here.

    Dissolution of Marriage Forms Require Adobe Acrobat Reader

    The site utilizes forms with fillable fields and it is recommended that you have or install Adobe Acrobat Reader to complete the PDF forms on your computer or mobile device, otherwise you will not be able to input the requested information into the forms. Click here to download Adobe Acrobat Reader.

  • Generally, once you are served with divorce papers (a.k.a. a Summons and Petition for Dissolution of Marriage), you will have 20 calendar days from the date you are served to file an appropriate response with the Court. It is important that you comply with the 20-day deadline.

    Step One: Put the Deadline on Your Calendar

    On your calendar, schedule the deadline date that you are required to respond by and set up a reminder.

    Step Two: Consult with a Family Law Attorney

    Gather as much information as possible so you can determine what response(s) needs to be filed by you or on your behalf. The best way to accomplish this is to consult with a family law attorney in your area.

    Step Three: File Your Response

    You or your attorney file the appropriate response with the Court by the deadline date.

  • In Florida there is no “legal separation”. So, you are either married or you are not. However, during the divorce process it is not uncommon for spouses to no longer live in the same house (“Move Out Date”). One spouse or the other may try to use the Move Out Date as the date to determine which assets and debts are marital v. non-marital.

    Marital v. Non-Marital Assets and Debts

    The marital v. non-marital analysis is part of equitable distribution which is how your assets (things you own) or liabilities (debts you owe) will be divided. In Florida, the starting point is that marital property is divided equitably. For more information on Equitable Distribution and the most common points to consider when filing for divorce, take a look at our P.E.A.C.E. outline.

    The Date of Filing a.k.a. The Petition for Dissolution of Marriage

    Depending on how long the Move Out Date is from the date that one party files a Petition for Dissolution of Marriage (“Date of Filing”) may be a factor the court considers in determining marital assets and debts from non-marital assets and debts.

    The Date of Filing is the most used date for determining marital assets and debts from non-marital assets and debts. After the court determines which assets and debts are marital v. non-marital then the court will have to put a value on each asset and debt and then distribute each asset and debt to one party or the other.

  • It mostly depends on how many of the P.E.A.C.E. issues of divorce you and your spouse have settled privately. If you're mostly in agreement, you could opt for a mediated contract, which could take as little as a month to prepare and sign. If you and your spouse can't agree on major issues, your case will have to be settled by a Judge. This could take several months to a year.

Child Support

  • The dollar value depends on a number of factors. Chiefly among them are:

    • how many children you have with your ex

    • your own and your spouse's incomes

    • routine expenses — like health care or daycare — that are associated with your child.

  • You'll probably be able to successfully petition for a change in the support payments. The divorce contract isn't set in stone; in fact, it's expected that you modify it several times throughout your life. 

Alimony

  • This depends on your family's financial situation. If you and your spouse have about the same net income and expenses, no one will receive alimony. If, however, you have demonstrated financial need, and the Court deems that your spouse has the ability to pay, you may be entitled to alimony. Since alimony is meant to be "adjustment money," the amount is predicated on your lifestyle before divorce and your current income.

  • That depends on how long you were married. If you were married for fewer than twenty years, the duration of the alimony payments might not exceed the length of your marriage. 

Equitable Distribution

  • No. If your spouse bought the car while married, the car is considered "marital property" and belongs to both of you. If you both own cars of approximately equal value, one will be allocated to each of you - even if it's not technically "your" car. If you only own one car between you, the party who doesn't get the car must be given something of equal monetary value.

  • Some of it. If the debt was incurred while you were married, it's considered a joint liability and so will be split equally between the two of you.

  • Potentially, yes. If any of the money in the account was earned during the marriage, you could be entitled to half of that amount. 

Working with NLG Divorce & Family Law

  • Between the 1st and 5th of the month, you should receive two separate notices through MyCase.

    The Invoice

    This will be itemized and explain the work and expenses we did for you that month.

    Your trust will be applied to the invoiced amount. The balance owed on the invoice will be at the bottom.

    The Replenishment Request

    This will be a request to replenish your trust to its full amount. It will typically be equal to your invoiced amount.

    Invoices and replenishments will be due on the 15th of every month.

    If we do not receive payment by the 15th, we will use the credit card provided on your retainer as payment.

    If you plan on paying by check, money order, or cash, please email Ken@NelsonLG.com to let the Billing Specialist know.

    Please make checks payable to NLG.

    Associated Processing Fees

    LawPay Administrative Fee for Visa, Mastercard, and Discover will be 2.95% + 20 cents, and American Express will be 3.5% + 20 cents.

    If using eCheck through LawPay, the fee will be 1% up to $10.00

    There will be no service fee applied If paying by check, money order, or cash

Child Custody

  • No. Each case is unique, and the timesharing schedule is influenced by many, many factors, such as a child's preference and a history of domestic abuse.

  • No. The state of Florida doesn't automatically favor either parent, but rather looks for evidence of a stable home environment and a loving relationship with the child.

  • Yes. Among other things, the number of nights a parent spends with their child is a factor that's included in the child support formula. Generally, the more days a parent gets, the more child support is expected from the other parent. (This is to cover food and home maintenance costs.)

  • Yes. Though it's normally expected that you should have overnights with your children on the same day, school schedules might interfere with your ability to pick your children up. In that case, you can make a different schedule for each child.