Brunelli Law

The 3 Most Asked Questions You Need Answered About Family Law

Demystify the legal maze of divorce with answers to three pressing questions: property rights when leaving home, the irrevocability of child support, and the nuances of permanent alimony in Florida.
@admin 4 April 2023
Need Answered About Family Law

It’s no secret that navigating through the legal complexities of divorce can leave people reeling with questions. As an accomplished family law attorney who has seen everything from child custody disputes to property division battles between spouses over the years, I understand this firsthand. Bearing this in mind, let me shed light on three frequent queries that usually come up when clients visit my office.

1. Can I leave my home during a divorce without losing my property rights?

When going through a divorce and still sharing a roof with your soon-to-be-ex-spouse, starting fresh may be on your mind.

2. Can I waive alimony and child support after a divorce?

A common misconception among people going through a divorce process is that they can relinquish their responsibilities towards their ex-partner by waiving alimony and child support payments. Nevertheless, this belief doesn’t hold water as while spouses can come to a mutual agreement regarding termination of spousal alimony with court approval, there’s no chance such waiver applies to obligations related to children – i.e., child support.

Regardless of how willing or unwilling either parent may be in paying for supporting children after separation or divorce financially, courts have jurisdiction over deciding what must be done for the best interests of minors. Failing to meet their financial obligations means ignoring the fundamental reason why these payments exist in the first place, ensuring children have access to necessary resources and provisions.

3. What is permanent alimony and how is it determined in Florida?

The emotional toll that a separation or divorce takes on an individual can be draining enough without having to worry about how they will survive financially without their partner’s support. In Florida, those who need assistance long-term may obtain something called “permanent alimony.” This ensures that they receive stable financial support even after going through legal divorce procedures which take into consideration various factors like marital age and other circumstances leading up till separation.

In Florida, there are three types of marriages based on duration: short-term (less than 7 years), moderate-term (between 7 and 17 years), and long-term (17 years or more). The length of the marriage is one of the key factors that the court considers when determining the duration of permanent alimony, usually awarding it to divorces following long term marriages.

Though ‘permanent’ doesn’t necessarily mean forever when it comes to Florida’s laws around spousal support. Judges have discretion to determine specific timelines for when one party must pay support to their ex-spouse based on mitigating circumstances such as age or health status.

It’s worth noting that if the receiving partner enters into what is classified as “cohabitation”—meaning they’re living with someone else in a romantic relationship—this could result in changes related to alimony payments through court order challenges brought forth by individuals obligated to pay.

Nevertheless, it is vital to understand that its allocation does not occur indiscriminately and many factors are weighed by judicial authorities when deciding whether or not it represents an appropriate resolution.

If you have questions about any aspect of family law in Florida, it’s always best to consult with an experienced attorney. Feel free to schedule a consolation. We can provide guidance and help you navigate the complex legal system.

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