Tampa Divorce FAQ’s
1. How long does it take to get a divorce?
The length of time necessary for a divorce varies according to a number of factors, including whether your divorce is contested, whether children are involved, any significant shared property and the location where your divorce is filed. You must file in the county where at least one of you lives, or where the marital home is located – but some counties experience greater time delays than others.
2. My spouse committed adultery – will the courts be more likely to favor me in a divorce case?
Many spouses are surprised to learn that adultery doesn’t always carry much weight in the court’s opinion. However, if you can show that adultery resulted in a financial loss to the marriage, such as excessive spending of marital funds on a third party, the court will consider this as a factor – but you must be able to prove it.
3. Do courts automatically favor the mother in a time-sharing (child custody) hearing?
Not necessarily; a mother shouldn’t automatically assume she will get majority time-sharing (custody) in a divorce, and many fathers successfully win majority time-sharing (custody) of their children. The most important factor, whether you are a mother or a father, is being able to demonstrate that you are the most suitable guardian of your children. An experienced Florida divorce attorney can help by offering proof of your parenting fitness in the areas considered most crucial by the court.
4. Can I move to another state with my children after the divorce?
Florida law prohibits relocating minor children more than 50 miles away from their principal residence (unless the move places the new residence less than 50 miles from the other parent), without the written consent of the other parent or a court order authorizing the relocation. if you wish to relocate with the children you must follow specifics steps required by law. If the other parent objects to the move, the court must approve the relocation before you move. The court considers such factors as whether your move is to be closer to other family, or to accept a better-paying job; reasons that would establish that your move is in the best interest of your children and not just to “punish” your ex-spouse.
5. Who will get our house in a divorce settlement?
In cases that don’t involve minor children, either spouse has an equal chance of being awarded the marital home. However, if you do have minor children, the court typically favors the parent who will have the children the majority of overnights (primary custody), enabling the children to stay in their home.
6. How long do I have to be a resident before I can obtain a divorce in Florida?
The State of Florida requires that at least one spouse must be a resident for a minimum of 6 months before filing a divorce.
7. Am I required to list a reason such as adultery or abuse to get a divorce in Florida?
No, Florida does not require a “fault” as grounds for divorce, so you are entitled to dissolve your marriage for whatever reason you wish.
We Can Help!
If you have other questions about a Florida divorce, the Caveda Law Firm, P.A., has answers. We have been helping residents of Tampa, Tampa Bay, and Hillsborough County for more than 15 years.
Contact us today by calling (813) 336-5690!