Frequently Asked Questions
In an equitable distribution case, all of the assets and debts will be taken into account and will usually be divided equally. Any property or assets that were not co-mingled during the marriage will not be part of the distribution. Other factors such as length of marriage and income of both parties are also taken into account.
Timesharing in Florida attempts to take away titles like joint custody, sole custody, and primary parent. The idea behind this is to help get the parents to think together since they are both responsible for the children. Veliz Katz Law can help answer all of your timesharing questions.
One of the big questions with any divorce is who gets the house. If there are children in the household they can be a big determining factor in this issue. The court may decide to award the house to the spouse that will have the children most of the time. If one party wants the house and there is still equity it is possible to buy out the other party. Veliz Katz Law has experience dealing with divorce cases and can help with your specific situation.
The amount of child support awarded in a case is based on statute. The net income of both parties is taken into account as well as the number of children, and any costs such as healthcare or daycare. All of these parts are added to a child support worksheet that is then presented to the court.
Determining alimony payments is a two-step process. The first step is determining if one spouse has a need for alimony based on their income and expenses. Once there is a need established we need to determine if the other spouse has the ability to pay. In the end, the court will decide the alimony payments based on these factors.
The goal in any timesharing case is to allow both parents to be involved in raising their kids as much as possible. The number of overnights is determined and a schedule is worked out that fits the needs of both parents. We try to discuss the determining factors of the timesharing plan and advise on their specific situation.
A retirement account is handled just like any other asset. The starting point is figuring out when the money was added to the account. In some cases, any money added to the account prior to the marriage will need to be separated from being part of the settlement. Contact Veliz Katz Law today for your divorce case in Florida.
It is possible to get alimony or child support without actually filing for divorce. A party can petition for alimony or child support without seeking a dissolution.
The length of the divorce process depends on the situation. If there is an agreement in place the process could be as short as 6 weeks. If there are property issues or children involved sometimes the parties can’t come to an agreement and the case could last much longer. This process can be very expensive and we advise our clients that we will get to the best outcome with minimal fees.
As long as one spouse has maintained contact with Florida you are able to proceed with the divorce. There may be service issues depending on where that spouse lives whether it is overseas or if they are in the military.