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frequently asked questions
When you have questions about divorce, child custody, alimony, or other family law issues, you should speak with an experienced South Florida family law attorney. Brian K. McMahon, P.A., is a compassionate and empathetic family law attorney who can answer all of your questions and help you deal with these legal issues.
Is Florida a No-Fault State?
Yes, Florida does not require you to prove fault when filing for divorce. This means that you only have to state that the marriage cannot be repaired, and you can move forward with the divorce.
How are Parenting Issues Determined in Florida?
The courts will decide on time-sharing and parenting based on the best interests of the children, while also taking into account a set of circumstances surrounding each parent's financial situation and their willingness to be involved in their children's lives.
How is Child Support Determined?
Florida courts will review the financial records of both parents and the needs of the child, including their healthcare and schooling, before determining how much child support will be awarded. The court will also take into consideration the lifestyle of the child prior to divorce and their age.
How Long Will My Divorce Take to Finalize?
Every divorce case is different - however, if you have been able to come to an agreement on terms with your spouse, the process can be resolved rather quickly. If the divorce is contested, it could take a couple of months to more than one year to finalize your divorce.
Can I Modify an Alimony Agreement?
Yes, if there are significant changes to your life, you can request an alimony modification. Significant changes include the loss of employment or a raise, winning the lottery, illness for a parent or a child, and remarriage.
I Want to Move After Divorce - What Should I Do?
If you wish to move with your child and there is a time-sharing agreement in place, you will need to provide the other parent with notice of the intent to move. This is required if you are moving somewhere else for 60 or more consecutive days or are moving 50 miles away.
How is Property Division Handled in Florida
Florida operates as an equitable distribution state. This means that the courts will begin with the assumption that marital property will be divided evenly among both spouses. The same goes for the marital debt.
Can Child Support be Paid Retroactively?
Yes, the Florida courts might order a parent to pay child support retroactively if it is determined that the child deserved the money, and it was never paid.
What Does Child Support Cover?
Child support can help one parent pay for the child's health insurance, the fees for after-school care or daycare, and food, shelter, clothing, and school supplies.
Do I Really Need a Family Law Attorney?
Yes, all family law issues should be handled with the help of an experienced family law attorney, so no mistakes are made.
Call a South Florida Family Law Attorney Today
Are you ready to file for divorce? Do you need to modify a child custody order or an alimony order? Call Brian K. McMahon, P.A., to discuss all your family law needs in West Palm Beach, Port St. Lucie, Boca Raton, and all of South Florida.