Family Law Frequently Asked Questions
Do I have to be a Florida resident to get a divorce in Florida?
In order to get a divorce in Florida, either you or your spouse must have been a resident of Florida for at least six months. The court allows proof of Florida residency to be made by presentation of a valid Florida driver's license issued more than six months before you file for your divorce. If you do not have such a Florida driver's license, a Florida resident who knows how long you have lived here can testify on your behalf, or can complete an affidavit. You may also use a voter registration card to prove residency.
How do you determine child support?
In Florida the specific amount of child support that must be paid by a non-residential parent is governed by law. We will estimate the amount due in your case based on the financial information you provide. The child support is based on a mathematical formula. The information which is plugged into the formula includes the gross incomes of each party, the amount paid by each party for health care for themselves and the children, the day care expenses paid by each party, and the amount of child support ordered and actually paid by either party for other children.
What if I already pay child support for another child?
In Florida if you have been previously ordered to pay child support for another child, and you actually pay that support, the amount of support you pay for the other child is taken into account in determining child support for any other children for whom child support is ordered later.
How does my child’s state residency affect custody?
In order for the court to enter an order granting a party custody of a child, the child must have lived in Florida for six months before the filing of the divorce or custody action. Because of this requirement, you must sign an affidavit, which we will prepare, listing each and every place the child or children who are involved in this case have lived for the past five years, and the names of the adults who have lived with them at each address.