How long does it take to get a divorce?
There are many factors that affect the time needed for a divorce. The most important factors are:
- Whether it is a contested divorce - if you and your spouse agree on all issues, the typical divorce could be complete in as little as 60 to 90 days.
- The amount of property and if there are children. More property and the presence of children increases the complexity and the amount of issues you and your spouse must agree on. Again, if all issues are uncontested, the divorce can be complete within a 60 to 90 day period.
- A highly contested divorce can take as long as 18 months or longer depending on the parties and the contested issues. You and your spouse have complete control over the length of time it takes, depending on your desire and willingness to put this part of your life behind you.
Another important factor is where the divorce is filed. Time delays are greater for Hillsborough County and shorter for Pinellas County. You should file your divorce where you and your spouse last resided as husband and wife.
Although Adultery is mentioned in the Florida Divorce Law Statutes, many courts do not consider Adultery as an issue. If you were the victim of adultery, you must be prepared to show the Adultery caused a wrongful financial loss to the marriage. Many times Adultery results in marital funds spent on a third party. If this is the case, you should be prepared to show this in court. Please note: that in some contested timesharing (custody) matters the issue of adultery may arise if shown to have a direct negative impact on the minor children.
Who will get child custody (majority timesharing)?
Effective October 1, 2008 the law changed regarding designation of time with the minor children. There is no longer a designated "custodial" parent and it seems the Florida Courts are interpreting this new change in the Florida Statute as an opportunity to devise a parenting plan specific to each child and each family. The term timesharing is now used, rather than the term custody. In determining a timesharing arrangement, Florida Courts apply the following factors:
a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desire of the parent.
d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
e) The geographic viability of the parenting plan, with special attention paid to the needs of school age children and the amount of time to be spent traveling to effectuate the parenting plan.
f) The moral fitness of the parents.
g) The mental and physical health of the parents.
h) The home, school, and community record of the child.
i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things.
k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.
n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, abandonment, or child neglect.
o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
p) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
q) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation as demonstrated by not discussing the litigation wit the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
r) The developmental stages and needs of the child and the demonstrated
capacity and disposition of each parent to meet the child's developmental needs.
s) Any other factor that is relevant to the determination of a specific parenting plan, including the timesharing schedule.
How much child support will I get or pay?
Child support is based on a chart, published by the state. The courts have some leeway. But in practice, child support is a predictable number that can be calculated by either party. The final number is based on the income of both spouses and who has thechildren the substantial majority of the time.
Should I move out of the marital home?
- If you or the children are in danger, you should contact your local law enforcement agency or file a domestic violence injunction. Please note that there are certain legal elements that must be met in order to have your temporary injunction granted by the Court, of which elements can be discussed with a family law attorney.
- If children are involved and custody (timesharing) is an issue, you should speak with an attorney prior to moving out of the home because the parent who remains in the home will likely have the advantage when the Court makes its temporary and final determination regarding the principal care and residence of the children.
DISCLAIMER
The materials on this Internet Web site (this Site), and all pages which are part of this Site, are provided for informational purposes only. They do not constitute the giving of legal advice by The Law Office of Patricia Palma, P.A. (the Law Firm) or any of its attorneys or professionals, nor are they intended to solicit or create an attorney-client relationship between you and the Firm. Because of the nature of this material, it is also not guaranteed to be correct, complete, or up-to-date. You should not act or rely on any information in this Site or its pages without seeking the advice of a competent attorney of your choice in an appropriate jurisdiction.
The Firm is located in Tampa, Florida and any inquiries or questions regarding this site should be directed to Patricia Palma.