It is not uncommon to see a spike in divorces at the start of the New Year. Most couples wait until after the holidays to dissolve their marriage, and also to get a fresh start. But, before you start the process, you are likely to have some answers. Here you will find answers to the five most commonly asked questions of our divorce attorneys.
Do I Need a Lawyer?
Technically you can represent yourself during a divorce, but if you can afford it, you should hire an attorney. Divorces in Florida are highly complicated, especially if you have custody or spousal support issues to discuss.
What is a No-Fault Divorce?
In Florida, divorces are no-fault. Meaning you do not have to blame the other party or take the blame for the marriage failing. But, you still must prove to the courts that the marriage is “broken” and cannot be fixed through counseling or time.
What Does a Divorce Do?
A divorce essentially takes care of five things:
1. Dissolves the marriage.
2. It will divide any community property, debts, and assets.
3. If applicable, it will decide how much child support will be paid.
4. If applicable, child custody and parental responsibility will be determined.
5. Spousal support, also known as alimony, will be determined if the courts deem it necessary.
Read about how to protect yourself during a divorce.
How is Child Support Calculated?
In Florida, the judge does not determine how much each parent must pay as their portion of parental responsibility. Instead, there are strict guidelines that determine how much is paid based on income, specific factors, and visitation. Therefore, you will want your attorney to do a calculation and give you an estimate of what the courts will grant.
How Do the Courts Divide Property?
Property, such as automobiles, homes, and even debts, are distributed equitably. That means the courts will try to divide these as fair as possible. If you acquired property or debts prior to the marriage, then you may be liable for those upon divorce. Read more about how the courts divide assets in Florida.
Consult with a Miami Divorce Attorney
To ensure you truly get a fresh start on your life in 2015, consult with a divorce attorney in Miami, Florida. The team at the Law Offices of Aliette H. Carolan can help you with your divorce proceeding, spousal support, and parental responsibility matters. Call 305-358-2330 to schedule a consultation today.