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Brandon Divorce Lawyer > Blog > Family > FAQs Surrounding Divorce In Florida

FAQs Surrounding Divorce In Florida


Many people who get a divorce in Florida have never been through the process before, and they do not know what to expect. If you are getting a divorce, you may have heard stories from friends and family members who have been through the process, and they may have even offered you advice. This advice though, sometimes only makes things more confusing, and no two divorce cases are exactly alike. If you are considering divorce, our Brandon family lawyer has listed some of the most frequently asked questions our clients ask, as well as the answers to them.

What is a No-Fault Divorce?

Some states allow a spouse who files for divorce to choose to do so either on fault or no-fault grounds. When using grounds of fault, you are accusing your spouse for the breakdown of the marriage, and you must prove those accusations during the case. If you wish to file for divorce on no-fault grounds, you only have to state that there has been a breakdown of the marital relationship and there is no chance of reconciliation. Florida is a purely no-fault divorce state which means you have to file on these grounds.

How is Child Support Calculated?

All parents in Florida are required to financially support their minor children. This becomes an issue in a divorce case because one parent is usually ordered by the courts to pay child support. A judge will take many factors into consideration when calculating child support, including:

  • The net income of the parent with primary custody
  • The net income of the parent who does not have primary custody
  • Monthly insurance costs for each parent
  • Number of children
  • Number of days each parent will spend with the child
  • The needs of the child

The biggest factor when calculating child support is the income of each parent. These orders can be modified in the future if a parent’s income changes.

Can My Spouse Pay My Attorney’s Fees?

It is never recommended for anyone to get a divorce without the help of a Brandon family lawyer. Still, not everyone can afford an attorney. The law in Florida allows a person to ask their spouse to pay their attorney’s fees, but this must be brought up in the beginning of the case. If you are filing for divorce and want your spouse to pay your legal fees, you must include that within the original petition. If your spouse files for divorce first and you want them to pay your attorney’s fees, you must indicate that in your answer to the petition.

Our Family Lawyer in Brandon Can Answer All Your Questions

It is normal to have many questions when going through a divorce and at Koether Law, P.A., our Brandon family lawyer can answer them. We will provide the sound legal advice you need at this time and work tirelessly to ensure you receive the fair settlement you deserve. Call us today at 813-347-8193 or contact us online to schedule a consultation so we can review your case.



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