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Family Law FAQ

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 separated through 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 alimony.

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.

Talk With Us Now

No matter how complex or minor a legal matter may seem, it is always best to be informed of your rights and options before it is too late.