12 COMMON MISCONCEPTIONS ABOUT FLORIDA DIVORCE MATTERS
1. The mother always gets custody of the children: This is not true. The law in Florida requires that the court make a determination based on the best interests of the child, taking into account various factors, such as the child’s relationship with each parent, the parent’s ability to provide for the child, and the child’s wishes if they are old enough to express a preference.
2. Divorce always involves a trial: While some divorces may go to trial, the vast majority are settled outside of court through negotiation or mediation. Florida law encourages parties to settle their disputes through alternative dispute resolution methods.
3. Alimony is always awarded to the wife: This is also not true. Alimony may be awarded to either spouse, regardless of gender. The purpose of alimony is to provide financial support to a spouse who is financially dependent on the other spouse.
4. Prenuptial agreements are only for the wealthy: While prenuptial agreements are often associated with the wealthy, they can be useful for anyone who wants to protect their assets in case of divorce or separation.
5. Child support ends when the child turns 18: Child support may continue beyond the age of 18 if the child is still in high school or has a disability that prevents them from becoming financially independent. In some cases, child support may also be required for post-secondary education expenses where it has been mutually agreed upon.
6. Alimony is automatically awarded: Alimony is not automatically awarded in Florida. The court will consider a number of factors, such as the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage, before deciding whether or not to award alimony.
7. Assets are always divided equally in a divorce: Florida is an equitable distribution state, which means that assets are divided fairly, but not necessarily equally. The court will consider several factors, including the contributions of each spouse to the marriage and each spouse’s financial needs, before making a distribution.
8. Domestic violence claims in a divorce case only refer to physical abuse: Domestic violence can take many forms, including physical, emotional, and financial abuse. It is important to recognize that any form of domestic violence is unacceptable and can have serious consequences for both the victim and the abuser.
9. Child support payments can be waived: Child support payments are mandatory in Florida and cannot be waived by either parent. The court will determine the amount of child support based on the income of both parents and the needs of the child.
10. Alimony is a guaranteed payment for life: Alimony is not always awarded, and if it is, the amount and duration will depend on several factors, including the length of the marriage, each spouse’s financial resources, and their contributions to the marriage. Additionally, the court can modify or terminate alimony if there is a substantial change in circumstances.
11. Domestic violence claims in a divorce case only occur in certain types of families: Domestic violence can happen in any family, regardless of their income level, race, or gender. It is important to recognize the signs of domestic violence and seek help, if necessary.
12. Mediation always leads to an agreement: Mediation is a voluntary process, and either party can choose to end it at any time. Even if both parties are willing to mediate, there is no guarantee that an agreement will be reached. However, mediation can be an effective way to resolve issues and avoid the time and expense of going to trial.
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