Divorce FAQs

No. Florida is a “no fault” state. You do not have to allege and prove a basis for obtaining a divorce in Florida. Only one spouse needs to allege that the marriage is “irretrievably broken”. However, adultery may be relevant to the issue of alimony.

Florida law now provides a “presumption” that 50/50 custody (timesharing) is in the child(ren)’s best interests. This presumption can be “rebutted” if one parent has relevant evidence that an equal custody arrangement is not in the child(ren)’s best interests. As for “parental responsibility”, the general rule is for the parties to co-parent (shared parental).

Alimony is based on one’s need for alimony and the other spouse’s ability to pay. If you have been married for under 10 years, your marriage is short term and your spouse would only be entitled to upwards to 50% of the term of marriage. The alimony amount is upwards to 35% of the net difference between the spouses’ income. If you bring home $10,000/month and your spouse takes home $3,000/month, then your spouse may be entitled to upwards (and no more than) 35% of $7,000/month ($10,000 less $3,000).

If you are self-employed as a corporation or limited liability company, you may be considered a W2 employee (what you are paid for wages). Dividends are also taxable. Also, your business may have “passive income”, which is considered taxable income. You may have to produce business bank and credit card statements as part of Florida’s mandatory disclosure requirement.

No. Sole parental responsibility is the exception to the rule of “shared” parental and requires a showing of detriment to the child. In some instances, the Court may award shared with “ultimate decision-making”, but this may also require a showing of detriment. The expectation is that both parents are fit and proper to co-parent and participate in decision-making.

A child may be able to testify in very limited instances if the child is of sufficient maturity and can distinguish between the truth and a lie. If allowed, the child would meet with the Judge “in camera” which means the parents and their counsel will not hear what the child is saying. Generally, if a substantial change has arisen warranting a modification of the parenting plan, the Court may first consider appointing a Guardian ad Litem to investigate and make a recommendation.

Depends on the particulars. If the Home is marital, then the Court may order it sold especially if it is the most significant asset of the marriage. In other instances, if a spouse cannot refinance the mortgage removing the other spouse from liability, then the Home may need to be sold. Or, if the parties have minor children, the Court may give a parent a set period of time so the children may continue to live there. Each case is unique.

Dependent on the nature of your S-corporation and the fact you are a majority share holder, both the value of your 90% interest is relevant. If you have sole control over the management of the business and over the business finances, then your actual income may be relevant especially if alimony or child support is an issue. You may hire your own forensic. Sometimes a Court may award temporary costs to one spouse which may result in marital assets being used to pay for each forensic and, at trial, the Court may reallocate who should be responsible for these costs out of income or his/her share of the marital assets.

Attorney fees, like alimony, is based on need and ability. According to the P.E.A.C.E. acronym, once the marital assets and liabilities are divided and should there be an award of alimony and child support, both spouses may then have a more equal ability to pay their own attorney fees and costs. Temporary attorney fees is paid out of marital income and assets which may then be later allocated partially or wholly at trial.