Stanley M. Silver - Attorney at Law

FAQ

Frequently Asked Questions For Marital And Family Law Issues.

How long will this take?
That depends on many variables including your spouse's desire to work out resolutions to issues and both parties desire to avoid protracted litigation. Divorces can be finalized within 6 month, however, some may take longer and others can be wrapped up in 6-8 week.

Do I have to pay my spouse's attorney fees?
You may have to pay your spouse's attorney fees if the judge determines that your spouse can not afford to pay and you can.

What is shared parental responsibility?
This is the Florida principle that both parents should have equal responsibility and input into their children's lives even after a divorce. Shared parenting does not mean necessarily that both parties will have equal amount of time with the child (that is often referred to as joint custody)

Can I get alimony before the final judgment?
Yes, both alimony and child support can be awarded on a temporary basis prior to the final judgment if the court finds that a spouse has the need for such award and the other spouse has the ability to pay.

Can we mediate this?
Yes, mediation is an excellent way to resolve differences. Mediation is a process in which a neutral party sits down with you and your spouse to help you create the terms for your divorce. The neutral party does not have the authority to make decisions for you. The process typically saves the parties money, time and grief, also can be designed to meet specific need of each party.

Do we have to split every stock and IRA that we have acquired together?
No, although the value of all marital property should be divided equally in most cases, it is not always necessary and in many times it is unfeasible to split each marital asset.

If I bought a car that is titled in my name and paid for it with my own earnings that will be mean right?
Anything that is acquired during the marriage by the parties is joint marital property regardless of how it is titled and who pays for it. The only exceptions are those items acquired through an inheritance or a gift and that are not commingled or gifted to the other spouse.

Can I relocate with my child to another state?
Unless there is a specific restriction in your settlement agreement or it provides that you must get court approval or approval from the nonresidential parent. If it is left up to the court you will be able to move if you can show that it improves that quality of life for your child and that other satisfactory times and way of contact with the nonresidential parent can be provided.