Family Law: Frequently Asked Questions
Serving Clients in Brevard County, Florida
With over 70 years of combined experience, the Florida family law attorneys at
Henderson & Futchko, P.A. have devoted themselves to helping clients throughout Brevard County.
Our honest and straightforward approach has resulted in thousands of clients
trusting us to get them through this time in their lives.
When you need advice and assistance in a
family law matter, we are here for you. We have compiled a list of some of the most
commonly asked questions that our attorneys receive. Feel free to
contact us directly if you are seeking any additional information!
Questions About Divorce
I want a
divorce but my spouse doesn’t agree. What can I do?
Making the decision to divorce is never easy, but it is definitely harder
when one person is resistant to the idea. Luckily, there are some options
you can explore to help alleviate the resistance to this idea. Speak with
our attorneys about mediation and how this can help you end your marriage.
What do I need to do to get divorced in Florida?
Florida is a no-fault divorce state, which means that all you must do
is show that you and your spouse are no longer able to remain in a marriage,
without needing a reason to end the relationship. As long as you have
lived in the state for at least six months, you can meet with a Florida
divorce lawyer to discuss your options.
How is property divided in a divorce?
Under Florida law, a couple that divorces will have their marital property
equitable distribution. This concept means that each person will receive the amount that the
court determines to be fair based on their overall contributions to the
marriage. It is important to note that separate property, oftentimes encompassing
property owned before marriage and inheritances, will not be divided in
the divorce as long as it has not been intermingled with marital property.
Contact a divorce attorney at Henderson & Futchko, P.A. to find out what you can expect in your case.
What is alimony and will I have to pay it?
Just because a marriage has ended does not mean that each person must
fend for themselves. In many instances, one person sacrificed something
for the benefit of their spouse, whether it be an education, a job, or
taking the time to stay home and raise their children. Depending on the
circumstances in your divorce, you may be eligible to receive
Questions About Child Support & Custody
How is child custody determined?
In legal terms, Florida does not use the term custody and instead refers
to parental responsibility. Parental responsibility usually concerns the
residence of the child and who is in charge of making decisions on the
child’s behalf. Since it is generally understood that a child benefits
from the presence of both of their parents, the court will only grant
sole custody only in extreme cases and when the life of the child may
be in danger. Every child custody case will be carefully considered and
all custody decisions will be made with the best interests of the child in mind.
How is child support determined?
Child support is the financial contribution that a non-custodial parent must make in
the upbringing of their child. This is usually based on your personal
income and the needs of the children that do not live with you. The support
amount you may pay can be influenced by the amount of time that you spend
with the child.
Contact our Melbourne Family Law Attorneys
This FAQ is a work-in-progress that will be updated as needed. As always,
feel free to contact our offices if your question was not answered, or
you need clarification or additional information. We are happy to provide
you with the answers you need to make the best decisions for you and your family.