Divorce FAQs
Frequently Asked Questions About Florida Divorce
Q: What is the legal definition for divorce?
A: A divorce is the dissolution of a marriage. After divorce, both
parties are free to remarry. During typical divorce proceedings, the
couple's assets and debts will be divided and the care and custody of
any children will be determined. Each state has its own distinct divorce
laws.
Q: What are "fault divorce" and "no-fault divorce"?
A: In the past, divorce generally had only been granted on the basis of
marital misconduct called "fault": adultery, mental cruelty or another
wrongful act. There were also defenses to these faults. In these
divorces, the spouse at fault often received a smaller portion of the
marital settlement. In a no-fault divorce, the parties merely need to
state that the marriage has broken down irretrievably or that the couple
has irreconcilable differences. Every state has some form of no-fault
divorce, but the particulars of the laws can differ markedly from state to
state.
Q: Is Florida a Fault or No Fault State?
A: Florida is a no fault state. However that does not automatically mean
that mean that an adulterer or a compulsive gambler gets a free ride. It
is important to speak to an experienced and skilled family law attorney
to advise you o your particular situation.
Q: What is Alimony?
A: Alimony (also called spousal support or maintenance) is financial
support that one spouse pays to another. The alimony can come in a
lump sum, over a limited period of time or indefinitely. Because the laws
vary from state to state, it is best to consult an attorney with questions
about alimony. Factors that the court may consider in determining
alimony include the length of the marriage and the ability of each spouse
to earn a living.
Q: What is the legal definition for divorce?
A: A divorce is the dissolution of a marriage. After divorce, both
parties are free to remarry. During typical divorce proceedings, the
couple's assets and debts will be divided and the care and custody of
any children will be determined. Each state has its own distinct divorce
laws.
Q: What are "fault divorce" and "no-fault divorce"?
A: In the past, divorce generally had only been granted on the basis of
marital misconduct called "fault": adultery, mental cruelty or another
wrongful act. There were also defenses to these faults. In these
divorces, the spouse at fault often received a smaller portion of the
marital settlement. In a no-fault divorce, the parties merely need to
state that the marriage has broken down irretrievably or that the couple
has irreconcilable differences. Every state has some form of no-fault
divorce, but the particulars of the laws can differ markedly from state to
state.
Q: Is Florida a Fault or No Fault State?
A: Florida is a no fault state. However that does not automatically mean
that mean that an adulterer or a compulsive gambler gets a free ride. It
is important to speak to an experienced and skilled family law attorney
to advise you o your particular situation.
Q: What is Alimony?
A: Alimony (also called spousal support or maintenance) is financial
support that one spouse pays to another. The alimony can come in a
lump sum, over a limited period of time or indefinitely. Because the laws
vary from state to state, it is best to consult an attorney with questions
about alimony. Factors that the court may consider in determining
alimony include the length of the marriage and the ability of each spouse
to earn a living.
Florida Family Law Attorneys
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Copyright 2010 Florida Family Law Attorneys. All rights reserved. ph: 386-503-3803
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