Common Myths About Divorce in Florida
If you are going through a divorce for the first time, you may hear many myths and misconceptions about the process. Well-intentioned friends and family members who have been through it before may want to give advice, or you may simply read something that is untrue. Truthfully, the divorce laws in Florida are always changing and no two divorce cases are alike, which leads to the many myths that abound. Below, our Orlando divorce lawyer outlines the most common of these, and the truth behind them.
The Divorce Process Takes a Long Time
It is true that the divorce process can take a long time, but that does not necessarily mean it has to. Contested divorces, which are when the two parties cannot agree to the different terms, take the longest. These cases typically take at least six months, but they can last up to one year or longer. Uncontested divorces, in which the couple agrees to all terms, can be finalized in as little as four to six weeks.
Fault is Always a Factor in Alimony
The court will take many factors when making decisions about alimony, but fault is not always one of them. Other factors include each party’s financial resources, the length of the marriage, and the earning capacity of each party. If one spouse committed wrongdoing, such as having an affair, during the marriage the courts may also take that into consideration, but typically only if marital assets were wasted on the wrongdoing. On the other hand, if the wrongdoing was egregious, such as domestic violence, the courts may award the victim more alimony.
Mothers are Always Awarded Custody
In Florida, child custody is referred to as ‘parental responsibility’ and ‘time-sharing.’ Mothers were once generally awarded custody because they were typically the primary caregiver of the children. That is not usually the case today. Now, the family courts in Florida strive to award joint parental responsibility and time-sharing because this arrangement is thought to be in the best interests of the child. There are many factors related to the best interests of the children and they are the only ones a court will consider. Gender is not considered when making these decisions.
Property is Always Evenly Split
Florida is not a community property state and so, marital assets are not divided equally. Instead, marital property is divided fairly, but not necessarily equally. Like all other issues, the family courts will take many factors into consideration when making decisions about property division to ensure fair distribution.
Our Divorce Lawyer in Orlando Can Give You the Sound Legal Advice You Need
When getting a divorce, it is extremely risky to believe the many myths that are out there. At Anderson & Ferrin, P.A., our Orlando divorce lawyer will provide the sound legal advice you need and answer your questions so you can make informed decisions and obtain the best outcome possible. Call us now at 407-412-7041 or contact us online to schedule a consultation and to get the legal counsel you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
