Frequently Asked Questions
About
Marital & Family Law in the State of Florida
Novey+Gonzalez is a boutique law firm located in Tallahassee, Florida, with over 50 years devoted to marital and family law. Our attorneys handle complex family law matters across the Florida Panhandle, including Leon, Bay, Franklin, Jefferson, Okaloosa, and Walton counties. Whether you’re dealing with divorce, child custody, alimony, property division, or other family-related legal matters, understanding your rights and responsibilities under Florida law is crucial. This FAQ page aims to address common questions and provide clarity on the legal challenges you may be facing.
FAQs
Do I need an attorney to file for divorce in Florida?
While you are not required to have an attorney to file for divorce in Florida, having one can help ensure your rights are protected, especially in complex cases involving property division, child custody, or alimony. The attorneys at Novey+Gonzalez can guide you through every step of the process.
How long will it take to finalize my divorce?
The time it takes to finalize a divorce can vary depending on the complexity of the case and whether it’s contested or uncontested. On average, uncontested divorces in Florida may take a few months, while contested cases will take longer.
Do I have to go to court for my family law matter?
Not necessarily. Many family law matters can be resolved outside of court through collaborative divorce, mediation, and other settlement negotiations. However, if an agreement cannot be reached, we are fully prepared to represent you in court to protect your interests.
What is the difference between contested and uncontested divorce?
A contested divorce occurs when spouses disagree on one or more issues and requires court intervention to resolve those disagreements. In an uncontested divorce, both spouses agree on all key issues such as property division, alimony, and child custody, making the process simpler and faster. We can help guide you through both processes, ensuring your best interests are protected. If you and your spouse have already reached an agreement as to the terms of your divorce and would prefer to finalize the divorce for a flat fee online, please visit N+G Divorce Solutions at www.ngdivorcesolutions.com.
What is the difference between marital and non-marital property in a Florida divorce?
Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title. Non-marital property refers to assets and debts owned by either spouse before the marriage and inheritances or gifts received by one spouse individually. In a divorce, only marital property is subject to equitable distribution.
Can I get a divorce without my spouse’s consent?
Yes, Florida allows a no-fault divorce, meaning you can file for divorce even if your spouse does not agree. The only requirement is that the marriage is irretrievably broken. Our attorneys can help you navigate the process smoothly, even if your spouse is uncooperative.
What is a parenting plan, and is it required?
In Florida, parents are required to submit a parenting plan when they are going through a divorce or separation that involves minor children. The plan outlines how parents will share responsibilities for the child’s upbringing, including time-sharing arrangements, decision-making, and how to handle disputes. Our firm can assist in creating a comprehensive parenting plan that prioritizes your child’s well-being.
How does Florida handle domestic violence in family law cases?
Victims can seek protection through injunctions (restraining orders), which can provide immediate relief, such as removing the abuser from the home and prohibiting contact. Domestic violence can also impact custody decisions, with the court prioritizing the safety and well-being of the children and the victim.
What types of alimony are available in Florida?
Florida law allows for several types of alimony, including temporary, bridge-the-gap, rehabilitative, durational, and permanent alimony. The type and amount of alimony awarded depend on factors like the length of the marriage, the standard of living during the marriage, each spouse’s financial resources, and the time needed for the receiving spouse to become self-supporting.
How is child custody determined in Florida?
In Florida, child custody is referred to as “time-sharing,” and decisions are based on the best interests of the child. The court considers factors such as each parent’s ability to care for the child, the child’s relationship with each parent, each parent’s moral fitness, and the child’s preference, among others. The goal is to ensure that both parents are involved in the child’s life.
What is the process for establishing paternity in Florida?
Paternity can be established in Florida voluntarily or through a court order. If both parents agree, they can sign a voluntary acknowledgment of paternity. If there is a dispute, either parent can file a paternity action in court, which may involve genetic testing to determine the child’s biological father. Establishing paternity is crucial for child support, custody, and inheritance rights.
How is child support calculated in Florida?
Child support in Florida is calculated using the Child Support Guidelines, which consider both parents’ incomes, the number of children, healthcare and daycare costs, and the amount of time the child spends with each parent. The guidelines provide a formula to ensure fair and consistent support amounts based on the parent’s financial circumstances.
Can grandparents seek visitation rights in Florida?
Yes, grandparents can seek visitation rights in Florida, but it can be challenging. Florida law allows grandparents to petition for visitation under specific circumstances, such as when one or both parents are deceased, missing, or in a persistent vegetative state. The court will grant visitation if it is in the child’s best interests.
What should I bring to my first consultation?
Bring financial documents (tax returns, bank statements), prenuptial/postnuptial agreements, a list of assets and debts, and any relevant court documents.
Questions for Novey+Gonzalez?
With extensive knowledge of Florida’s family law and a focus on personalized representation, Novey+Gonzalez is prepared to guide you through even the most complex divorce matters. Contact our office to discuss the specifics of your case and any questions you may have about the process.
