Find Answers to Your Questions about Florida Family Law
Florida family law is complex, and differs in some key ways from the laws in other states. For those reasons and others, we receive many questions about these situations and how the law applies to them. Here are some of the most common questions, along with some helpful answers.
Important: These are only general answers. They may not apply to the unique circumstances of your case. If you wish to know more about what to expect from your specific situation, please call Quinn Law Firm, P.A. to schedule a consultation.
Florida Divorce Questions
- What does it mean that Florida is a no-fault state?
Unlike residents of some states, people in Florida do not need to prove that the divorce is justified by some behavior, such as infidelity. Instead, the dissolution of the marriage only takes one person in it declaring that it is “irretrievably broken.”
- What are the residency requirements on filing for divorce in Florida?
At least one person involved in the marriage must have lived in Florida for the previous six months to file. If neither person in the marriage fits these criteria, it will be necessary for them to either file in a different state or wait out the six months.
- How are assets typically divided in Florida divorce cases?
Florida law insists on “equitable distribution” with a focus on fair treatment to both parties. Non-marital property is considered separately from marital property (property accrued during the marriage) when splitting up property. Assets owned before the marriage usually go to the party that originally owned them. Common marital assets are divided based on a wide range of factors.
Child Visitation and Custody Questions
- How do Florida judges set up visitation schedules?
In Florida, judges develop parenting plans designed with the child’s welfare as the highest priority. Judges begin with the assumption that both parents will have equal time, but that can be changed for many reasons. Work schedules, home location and lifestyle choices can all affect the details of the final plan. The right to time with a child can be revoked entirely if one parent is clearly irresponsible. For example, this may happen when one parent is convicted of a felony.
- Can visitation agreements be changed?
Yes, though this is not a small matter. Any change in the agreement will have to be defended. The parent requesting the change must prove that there is a legitimate reason for a modification and that it serves the child’s best interests.
- At what age do visitation rights expire?
Visitation rights typically end on the child’s eighteenth birthday. However, in some cases that may be extended until the child graduates high school. Visitation rights can be revoked no matter the age of the child.
Schedule a Consultation with the Quinn Law Firm P.A.
For more precise answers, you’ll need to discuss your unique situation with a Florida family lawyer. You can schedule a consultation, here on our website