5 Common Misconceptions About Divorce

5 Common Misconceptions About Divorce

1: Only Women Get Spousal Support

Either parent can receive spousal support under Florida law if they qualify under the statute. There are many factors involved in the decision of whether or not to award alimony to a spouse. These include:

    • The standard of living established during the marriage
    • The length of the marriage (7 or fewer years is short-term, 7-17 years is moderate-term, and 17 or more years is long-term)
    • Each spouse’s age and physical and emotional health
    • Both spouse’s financial resources, including the nonmarital and marital property, assets, and liabilities
    • Each spouse’s earning capacity, educational level, vocational skills, and employability and, if applicable, the time necessary for either party to acquire sufficient education or training to find employment
    • Both spouse’s contributions to the marriage, including homemaking, childcare, education, and career-building of the other spouse
    • Whether either spouse will have parental responsibilities to minor children
    • Tax consequences of alimony, if any, to both spouses
    • All sources of income to both spouses, including income available through investments, and
    • Any other factor the court deems necessary to create a fair alimony award.

2: The Mother Usually Gets Custody

The state of  Florida is among the progressive states that eschew the terms “custody” and “visitation” and replaces those terms with “Time Sharing”. A parent who holds the majority of the shared time is said to be the “Primary Residential  Parent”.

The court’s job is to diagnose and encourage a healthy dynamic between parents following divorce, thus ensuring the most beneficial environment for their children. Parents are evaluated for their willingness to participate and communicate during all court proceedings, as well as other indications of parenting style and moral fitness.

3: You Don’t Need a Lawyer

It is important to enlist the help of counsel that is experienced and successful in Florida divorce proceedings, and who knows the ins and outs of parental plan development. Every change in the law, whether beneficial or not, creates new levels of complexity, such as the shared custody concept. Without the benefit of experienced counsel, it is very difficult to navigate this very complex and emotional area of law. As one judge often asks persons who want to represent themselves, “would you perform surgery on yourself?”  There is no advantage in representing yourself.

4: If Your Spouse Doesn’t Sign the Papers You Can’t Get Divorced.

We have all seen in movies and television the scene where a spouse finally signs the divorce papers, or otherwise refuses to sign the divorce papers, or a  spouse struggles to get his or her’s spouse to sign the divorce papers. While it makes for good drama and plot development, it is not necessary to get the other party to sign to get a divorce.

5: One Party is at Fault in a Divorce

Florida is a “no-fault” divorce state. This means that either party may seek a divorce without establishing any reason for it other than the spouses don’t want to be married anymore. While it may be frustrating to some, judges no longer sit in judgment of a spouse’s behavior in deciding whether to grant a divorce. Of course, a judge will have to examine each spouse’s behavior in deciding how to parse time-sharing with children.

If you are contemplating a break-up, the Brodie Friedman legal team provides clients with exceptional advice and personalized attention, by making your case our immediate priority. If you’re in need of excellent legal representation our team is ready to help.

With over 30 years of combined experience, Jason Brodie Esq. and Joshua Friedman Esq. will guide you toward realistic goals and provide committed advocacy toward achieving them. They are known throughout South Florida for dedicated client service, tenacity, and success in complex divorce litigation involving property division, child custody, and spousal support. 

To get a better understanding of the qualities our reputation is built on, contact our office in Boca Raton to schedule your initial phone consultation (561) 392-5100

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