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DIVORCE FAQ in Orlando, Florida

Here are some frequently asked divorce questions in the Orlando, Florida area:

Can my spouse keep the kids from me?

Do Fathers get as much time with the kids as the mothers?

Can I get alimony?

How much alimony will I receive?

Can my spouse be ordered to obtain life insurance to cover alimony?

Do I have to pay child support?

How much child support will I have to pay?

Do I have to pay for my kids’ colleges tuition?

Can I make him/her pay for the kids’ college?

Will the kids get to stay in private school?

Can my spouse keep me on his/her health insurance after the divorce?

How long will the divorce take to finish?

Can I change the locks on the house?

Can I force my spouse to leave the house?

Can I keep my retirement?

These are the relevant Florida Statutes regarding the above questions:

FS 61.075 Equitable Distribution controls the division of assets and debts.

FS 61.08 Alimony explains alimony in Florida and how and whether alimony is appropriate.

61.13 Best Interest of Child and Time Sharing explains how the court analyzes custody and determines time sharing of the parents.

61.30 Child Support explains how child support is calculated.

The general answers to the above FAQ are as follows are; however, for specific detailed answers, seek the advice of an attorney:

No, your spouse cannot keep the kids from you unless there is a court order stating that. Both fathers and mothers have the same rights to access and time sharing with the children during a divorce.

If you have a long-term marriage of 17 years or more, there is a presumption of permanent alimony. Alimony is based on the need of one spouse and the ability to pay of the other. A marriage of less than 7 years is a short-term marriage. A marriage between 7 to 17 years is in the gray area and you may qualify for alimony. Most attorneys tell their clients alimony is between 20 percent to 40 percent of payor spouse’s gross income. There are currently no alimony guidelines in Florida. Once you are divorced, your spouse’s employer will not allow you to remain on their insurance. However, check with the human resources department of the employer. Your spouse may be ordered to provide life insurance to cover alimony and/or child support if appropriate.

The court determines child support in every case based on net incomes of the parties, the cost of day care and the cost of health insurance. It also depends on how many overnights that a parent has the child. You cannot be forced to pay for your child’s college. You can negotiate for the other spouse to pay for college in a settlement agreement. However, the judge cannot order you to pay for college. The judge can order private school if certain factors are met.

You cannot change the locks on the house. You each have the right of access to the marital residence. Unless a judge orders that one spouse has exclusive use and possession of the house during the pendency of the divorce, both spouses may success the house.

Any marital asset, including retirement accounts are subject the equitable distribution. Retirement accounts need to be divided by QDRO in order to avoid penalties and taxes. Speak to your CPA regarding this.

How quick a divorce is completed depends on how well you cooperate to move forward versus         how petty you are and argue over everything. You can reach an agreement within a few months or you can litigate for a year or 18 months.

If you have more questions, regarding Orlando divorce, you may call Ann Marie Gilden at 407-732-7620.

This article is for information only and does not form an attorney client privilege.

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