1. Q: How long must I live in Florida in order to obtain a divorce?
A: In order to obtain a divorce in Florida, you must prove that you have been a continuous resident of the State of Florida for the 6 months preceding the case.

2. Q: In what county will my divorce take place?
A: The proper venue for divorce proceedings are either where the parties last lived as a married couple or where the Respondent resides.

3. Q: Am I required to disclose my financial worth to the court?
A: Yes, except in certain simplified dissolution cases, you must file with the Court a family law financial affidavit. This financial affidavit includes your income and assets. However, if you can show to the court that the filing of the financial affidavit would subject you to abuse, then the court can make the filing of the financial affidavit confidential.

4. Q: Can I change my name back to my former name as part of the divorce?
A: Yes, a woman is entitled to be restored to her former name as part of a divorce.

Frequently Asked Questions Regarding Child Support

  • My spouse works overtime frequently, does the Court consider this overtime in determining child support?

    If the overtime is regular, continuous and likely to occur in the future, then yes, it is included in determining the amount of child support.

  • I don’t trust that my spouse is going to pay the child support , can it be taken from his paycheck?

    Yes, if you request it, the Judge will sign an Income Withholding Order which will be sent to the employer who then will garnish the wages for the child support.

  • My parents and friends often give me money, does the money that I receive count when determining child support?

    Generally no, the money you receive from third persons is not included in the child support calculation. However, there are cases that provide that regularly occurring gifts which are likely to continue in the future are counted as income for purpose of child support.

  • My employer provides me with a free company car that I used all the time. How does this impact the child support?

    The value of the personal use of the company car is included as income for purposes of child support.

  • I pay child support for children of a prior relationship, how does this affect the child support I will pay in my current divorce?

    If the child support you pay for the children of a prior relationship is actually paid, then this amount will be deducted from your income in determining your child support in your current divorce.

  • I pay for my children’s health insurance, does this factor into the child support calculation?

    Yes, the amount one parent pays for the children’s health insurance is factored into the child support calculation.

  • My children attend day care, which I pay for, how does this affect the child support?

    If the children are attending day care because you are working, looking for work or going to school, then the amount that you pay for day care is factored into the child support calculation.

  • My children are involved in extracurricular activities such as dance and football. How does this impact the child support that my spouse pays?

    Generally, the cost of extracurricular activities is not included in the child support calculation. However, often times the parties will agree or the Court will order that the parties split the costs of extracurricular activities in addition to the child support that is paid.

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