Florida Family Law Offices

There are two grounds for divorce, formally referred to as “dissolution of marriage”: irreconcilable differences and mental incapacity of the other party. If mental incapacity is alleged, the party alleged incapacitated must have been adjudicated incapacitated for a period of three years prior to filing for dissolution of marriage.

It is very difficult to say how much your divorce will cost due to all of the variables in a particular case. You and your attorney should discuss the different variables in every case generally and in your case specifically. Whether you can afford an attorney will depend, of course, on your income and assets and whether you would be entitled to an award of attorney’s fees paid by your spouse.

An annulment makes it so the marriage never occurred. Annulments are rare in family law. There are no specific statutes in Florida that govern annulment and the court falls back on existing case law to make a decision. The grounds must involve grievous misrepresentations by one spouse to another. Examples include fraud, duress, consanguinity (you learned after the wedding that you are related to him or her by blood), or impotence. Impotence means that one party is incapable of having sex, and it should not be confused with an inability to procreate. You should discuss the particular facts of your case that cause you to believe an annulment is possible with an experienced family lawyer. Not finding the answer you are looking for? Browse our entire Florida Divorce FAQs.

There is no such term as “custody” in the Florida Statutes nor is there a primary or secondary residential parent designation in the Florida Statutes. In Florida, both parents have “time-sharing” with their children. The court will order a time-sharing schedule that is in the best interests of the children taking into consideration factors enumerated in §61.13, Florida Statutes.

Absolutely not. Time-sharing and child support are treated separate and apart from each other by the Florida courts except as it relates to calculating child support.

Parents can petition to modify the parenting plan at any time with a showing that there has been a material, unanticipated substantial change in circumstances from the date the parenting plan was ordered and the requested modification is the best interests of the children. Not finding the answer you are looking for? Browse our entire Florida Child Custody FAQs.