Frequently Asked Questions
Florida Family Law Questions Answered by St. Petersburg Attorneys
Family law issues raise a lot of questions, and finding clear answers isn't always easy. Rosenthal Law Group, P.A. put together this FAQ page to help clients in St. Petersburg, FL better understand what to expect when dealing with divorce, child custody, support, and other family law matters under Florida law. Below, you'll find straightforward answers to some of the questions we hear most often, organized by practice area. If you don't see your specific question answered here, that's exactly what a consultation is for.
Uncontested Divorce FAQs
What qualifies a divorce as "uncontested" in Florida?
A divorce is considered uncontested when both spouses agree on all major issues, including division of assets and debts, alimony, and if applicable, child custody, time-sharing, and child support. When both parties are aligned, the process typically moves faster and involves fewer court appearances.
Do we still need to go to court for an uncontested divorce?
In many cases, Florida allows for a simplified dissolution of marriage process that may not require a lengthy court hearing. However, at least one short hearing is generally still required to finalize the divorce. Requirements can vary depending on whether children are involved.
How long does an uncontested divorce take in Florida?
Timelines vary depending on the county's court schedule and how quickly paperwork is completed and filed. Because both spouses agree on the terms, uncontested divorces generally resolve faster than contested cases.
Can we still use an attorney if we agree on everything?
Yes. Even when spouses agree, having an attorney review the marital settlement agreement helps confirm that it's fair, complete, and enforceable under Florida law. This can help prevent disputes from arising later.
Contested Divorce FAQs
What makes a divorce "contested"?
A divorce becomes contested when spouses disagree on one or more significant issues, such as property division, alimony, custody, or support. These disagreements often require negotiation, mediation, or litigation to resolve.
How is property divided in a contested Florida divorce?
Florida follows the principle of equitable distribution, meaning marital assets and debts are divided fairly, though not necessarily equally. The court considers factors such as each spouse's economic circumstances, contributions to the marriage, and other relevant considerations.
Will my contested divorce go to trial?
Not necessarily. Many contested divorces are resolved through negotiation or mediation before reaching trial. However, if spouses cannot agree, a judge will make the final decisions on unresolved issues.
How long does a contested divorce typically take?
Contested divorces generally take longer than uncontested ones because they involve more disputes, potential discovery, and possibly multiple hearings. The exact timeline depends on the complexity of the issues and the court's schedule.
Marital Settlement Agreements FAQs
What is a marital settlement agreement?
A marital settlement agreement is a legal document in which divorcing spouses outline how they will handle issues like property division, debts, alimony, and, when applicable, parenting arrangements and child support.
Is a marital settlement agreement legally binding?
Once signed by both parties and approved by the court, a marital settlement agreement becomes part of the final divorce judgment and is legally enforceable.
Can a marital settlement agreement be changed later?
Certain provisions, such as those related to child support or time-sharing, may be modified later if circumstances change substantially. Other terms, like property division, are generally final once the agreement is approved.
What happens if my spouse doesn't follow the agreement?
If a spouse fails to comply with the terms of a marital settlement agreement, the other party may need to file a motion for contempt or enforcement with the court.
Child Support FAQs
How is child support calculated in Florida?
Florida uses the Income Shares Model outlined in Florida Statute §61.30 to calculate child support. This model considers both parents' incomes, the number of overnights each parent has with the child, health insurance costs, and childcare expenses.
Can child support be adjusted if my income changes?
Yes, a substantial and involuntary change in income may justify a modification of the existing child support order. The party requesting the change must file a petition with the court.
What happens if the other parent doesn't pay child support?
Florida provides several enforcement mechanisms for unpaid child support, including wage garnishment, suspension of licenses, and contempt proceedings. The Florida Department of Revenue may also assist with enforcement.
Does child support cover expenses beyond basic needs?
Child support calculations under Florida law can include additional costs such as healthcare, childcare, and educational expenses, depending on the family's circumstances.
Paternity Actions FAQs
How is paternity established in Florida?
Paternity can be established voluntarily through a signed acknowledgment of paternity or through a court action under Florida's paternity statutes. A court action may involve genetic testing to confirm biological parentage.
Why would someone file a paternity action?
Paternity actions are often filed to establish legal rights and responsibilities, including custody, time-sharing, and child support, when parents were not married at the time of the child's birth.
Does establishing paternity automatically grant time-sharing rights?
Establishing paternity confirms legal parentage, but time-sharing and parental responsibility must typically be addressed separately, either through agreement or a court order.
Can paternity be challenged after it's been established?
Under certain circumstances, paternity determinations can be challenged, but Florida law places time limits and specific requirements on disestablishing paternity.
Modification Proceedings FAQs
What qualifies as a "substantial change in circumstances" for a modification?
Florida courts generally require a significant, material, and involuntary change, such as a major shift in income, relocation, or a change in a child's needs, before modifying an existing order.
Can custody or time-sharing arrangements be modified?
Yes, time-sharing and parental responsibility orders can be modified if there's been a substantial change in circumstances and the modification serves the child's best interests.
How do I request a modification of alimony or child support?
A party seeking modification must file a supplemental petition with the court and demonstrate the qualifying change in circumstances that justifies the requested adjustment.
Is there a time limit for requesting a modification?
There's no strict deadline for filing a modification, but the requesting party must show the change in circumstances has already occurred and is ongoing, not merely anticipated.
Contempt Proceedings FAQs
What does it mean to be "held in contempt" in a family law case?
Contempt occurs when a party willfully fails to comply with a court order, such as failing to pay child support or violating a time-sharing schedule. The court can impose various penalties to enforce compliance.
What can happen if someone is found in contempt of a family court order?
Consequences may include fines, wage garnishment, makeup time-sharing, payment of the other party's attorney's fees, or in serious cases, jail time.
How do I start a contempt proceeding against my ex-spouse?
A motion for contempt must be filed with the court, detailing the specific violation of the existing order. A hearing will typically follow to review the evidence.
Can contempt proceedings be avoided?
Communicating proactively about compliance issues or seeking a modification before violating a court order can sometimes help avoid the need for contempt proceedings.
Domestic Violence FAQs
What legal protections are available for domestic violence victims in Florida?
Florida law allows victims to petition for an injunction for protection against domestic violence, which can include provisions related to custody, time-sharing, and no-contact requirements.
How do I request a protective injunction in Florida?
A petition for an injunction can be filed with the circuit court in the county where the petitioner resides. Courts can issue a temporary injunction quickly, followed by a hearing for a final injunction.
Does a domestic violence injunction affect custody or time-sharing decisions?
Yes, allegations or findings of domestic violence are factors Florida courts must consider when determining parental responsibility and time-sharing arrangements.
What should I do if I'm falsely accused of domestic violence?
Anyone facing an injunction petition has the right to respond and present evidence at the hearing. Legal guidance can help ensure your side of the situation is properly presented to the court.
Property Distribution FAQs
What is considered "marital property" in a Florida divorce?
Marital property generally includes assets and debts acquired during the marriage, regardless of whose name is on the title, while separate property acquired before the marriage or by gift or inheritance is typically excluded.
Does equitable distribution mean assets are split 50/50?
Not necessarily. Equitable distribution means the division is fair based on the circumstances of the marriage, which doesn't always result in an exact equal split.
How are retirement accounts divided in a Florida divorce?
Retirement accounts accumulated during the marriage are generally considered marital property and may be divided using a qualified domestic relations order or similar legal mechanism.
What happens to jointly owned debt after divorce?
Debts incurred during the marriage are typically divided as part of the equitable distribution process, along with marital assets.
Child Custody & Time Sharing FAQs
Does Florida law use the term "custody"?
Florida law refers to these arrangements as parental responsibility and time-sharing rather than custody. Parental responsibility addresses decision-making authority, while time-sharing outlines the schedule each parent spends with the child.
How does a Florida court determine a time-sharing schedule
Courts evaluate a variety of factors focused on the best interests of the child, including each parent's ability to provide a stable environment, the child's relationship with each parent, and the willingness of each parent to facilitate a relationship with the other.
Can parents create their own time-sharing plan?
Yes, parents can develop a parenting plan together, which the court will review to confirm it serves the child's best interests before approving it.
What is shared parental responsibility?
Shared parental responsibility means both parents share the rights and obligations of making major decisions for the child, such as those involving education, healthcare, and religion, unless the court finds it would be detrimental to the child.
Alimony FAQs
What types of alimony are available in Florida?
Florida law recognizes several forms of alimony, including bridge-the-gap, rehabilitative, durational, and permanent alimony, depending on the length of the marriage and the specific needs of the requesting spouse.
How does a court decide whether to award alimony?
Courts consider factors such as the length of the marriage, each spouse's financial resources, earning capacity, age, and health, along with the standard of living established during the marriage.
Can alimony be modified after the divorce is finalized?
Certain types of alimony can be modified if there's a substantial change in circumstances, such as a significant change in income or the recipient's remarriage. Some forms, like durational alimony, have specific modification limitations.
Is alimony guaranteed in every Florida divorce?
No, alimony is not automatic. It depends on the specific financial circumstances of both spouses and the length of the marriage, among other statutory factors.
Premarital Agreements & Post Marital FAQs
What is the difference between a premarital and a postmarital agreement?
A premarital agreement is signed before marriage, while a postmarital agreement is entered into after the marriage has already taken place. Both address issues like property rights and financial responsibilities.
What can a premarital or postmarital agreement cover?
These agreements often address property division, spousal support, and financial rights in the event of divorce or death, though they generally cannot predetermine child custody or child support terms.
Is a premarital agreement enforceable in Florida?
Florida courts will generally enforce premarital agreements as long as they were entered into voluntarily, with full financial disclosure, and are not unconscionable at the time of enforcement.
Can a postmarital agreement be created if we're already having marital problems?
Postmarital agreements can be created at various points in a marriage, but the circumstances surrounding the agreement, including voluntariness and disclosure, will affect its enforceability.
Contact Rosenthal Law Group, P.A.
Family law questions rarely have simple, one-size-fits-all answers, and the details of your situation matter. If you're in St. Petersburg, FL and facing a divorce, custody dispute, support issue, or any other family law matter, Rosenthal Law Group, P.A. is ready to discuss your circumstances and help you understand your options. Reach out today to schedule a consultation and take the next step toward resolving your family law concerns with clarity and confidence.
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