FAQs

Frequently Asked Questions About Florida Divorce and Family Law

Divorce and family law issues can be emotionally and legally complex. At Tampa Divorce, we recognize that ending a marriage or navigating child custody disputes involves difficult decisions that impact your future (that’s because we have personal experience with the process!). Our team is committed to providing clear guidance and strong legal advocacy to help you move forward with confidence! Whether you’re facing a contested divorce, a child custody dispute, or concerns over parental alienation, we are ready to advocate for you.

This FAQ page provides answers to common questions about divorce, child custody, and other family law matters. However, legal situations vary, and this page should not be considered a substitute for personalized legal advice. For specific guidance tailored to your situation, we encourage you to schedule a consultation with one of our experienced family law attorneys. 

Contact Tampa Divorce to arrange a free consultation—available in person, by phone, or via video conference. Call us today or fill out our online form to discuss your case with one of our skilled Tampa Divorce attorneys!

What is parental alienation, and how does it affect custody decisions?

Parental alienation occurs when one parent attempts to undermine the relationship between the child and the other parent. Courts take allegations of parental alienation seriously, as it can negatively impact a child’s well-being. If proven, it can influence custody decisions, potentially leading to a change in time-sharing arrangements to protect the child’s emotional and psychological health.

Can I modify child support in Florida?

Yes, child support can be modified in Florida if there is a substantial change in circumstances. This could include changes in either parent’s income, a significant change in the child’s needs, or a change in time-sharing arrangements. If you believe a modification is necessary, it’s essential to consult an attorney to ensure that the proper legal process is followed.

Do I have to go to court to get divorced in Florida?

Not always. If both spouses agree on the major issues—like property division, alimony, and time-sharing—you may be able to finalize an uncontested divorce without a courtroom appearance. However, if there are disputes that can’t be resolved through negotiation or mediation, a judge will need to make the final decisions in court.

What if my spouse won’t cooperate or respond during the divorce process?

You can still move forward. If your spouse doesn’t respond after being properly served with divorce papers, you can request a default judgment. The court may grant the divorce based on your filings, as long as all legal procedures are followed. It’s important to work with an attorney to make sure your rights are protected in a default case.

How does Florida handle relocation with children after divorce?

If a parent wants to move more than 50 miles away for more than 60 days, Florida law requires either written consent from the other parent or court approval. The court will evaluate whether the move is in the best interest of the child, considering factors like the child’s relationship with both parents, the reason for the move, and its impact on the current time-sharing arrangement.

What are the grounds for divorce in Florida?

Florida is a no-fault divorce state, meaning that neither spouse needs to prove wrongdoing to obtain a divorce. The most common ground for divorce is “irretrievably broken.” In rare cases, a spouse may cite mental incapacity as a reason for divorce.

How is child custody determined in Florida?

Florida courts prioritize the best interests of the child when determining custody (referred to as “time-sharing”). Factors include each parent’s ability to provide a stable environment, their relationship with the child, and any history of domestic violence or substance abuse. Courts generally favor arrangements that allow both parents to maintain a meaningful relationship with their child unless circumstances warrant otherwise.

Will I have to pay or receive alimony?

Alimony, or spousal support, is determined based on factors such as the length of the marriage, each spouse’s financial resources, and their contributions to the marriage. Florida recognizes several types of alimony, including temporary, rehabilitative, and permanent alimony. An attorney can evaluate your situation and advocate for a fair outcome.

How is property divided in a Florida divorce?

Florida follows equitable distribution laws, meaning that marital assets and debts are divided fairly, though not necessarily equally. Factors such as each spouse’s contributions to the marriage, economic circumstances, and the length of the marriage are considered when dividing assets.

What should I do if I’ve been served divorce papers?

If you receive divorce papers, it’s important to respond promptly to protect your rights. The deadline to file a response is typically 20 days from the date of service. Consulting an attorney as soon as possible ensures you understand your options and can develop a strategy for your case.

Can a divorce agreement be modified after it’s finalized?

Yes, under certain circumstances. Modifications may be possible for issues like child custody, child support, and alimony if there has been a substantial change in circumstances, such as job loss, relocation, or changes in a child’s needs. Our family law attorneys can help determine whether a modification is appropriate in your case.

Tampa Divorce – Family Law Attorneys Serving Hillsborough and Pinellas Counties