12855 S.W. 132nd Street, Suite 203, Miami, Florida 33186

Miami Divorce Attorney

305-378-1414 305-378-1414

Divorce FAQs

Divorce FAQ

The Law Offices of Arthur D. Lake, LLC offers this information to prospective clients. For further information on how the firm can help with your Florida dissolution of marriage, call 305-378-1414 or contact the firm’s Miami office online. The firm offers a free initial consultation, even after business hours if necessary.

Frequently Asked Questions on Florida divorce

How might allegations of domestic violence influence a divorce judgment?

In Florida, it’s not necessary to allege grounds for a divorce, so accusing a spouse of domestic violence doesn’t make it easier to dissolve a marriage. However, allegations of violence can factor into the discussion of child custody, child support, alimony and the equitable distribution of property.

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How does a court decide whether to grant alimony?

There are several factors that courts consider when deciding whether to grant alimony, including:

  • Standard of living during the marriage
  • Length of the marriage
  • Age, physical and emotional condition of each spouse
  • Financial resources and income-producing capacity of each spouse
  • Time needed to acquire education and training for career
  • Services rendered in marriage (e.g., homemaking, childrearing, career-building)
  • Evidence of adultery, abandonment, criminal activity or cruelty
  • The age and mental capacity of children of the marriage
  • Other relevant criteria

Based on an evaluation of these criteria, courts then decide whether to grant alimony to one spouse. Permanent alimony is a default judgment in the state of Florida, but a judge may award rehabilitative or durational alimony instead.

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Are there tax considerations in seeking a divorce?

There are many, starting with the difference in filing status from married to single. The breakdown of child custody and child support will influence whether a parent can claim a dependent child as a deduction. And, as many payors will attest, the only good thing about alimony is that it’s tax deductible. To ensure that all your tax considerations are covered, you need a divorce attorney like Arthur Lake who’s familiar with finance and the tax code, or you must bring a reliable accountant into the discussion.

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My mechanic gives me a written estimate; can I get one from my divorce attorney?

An experienced divorce attorney can estimate how much work must be done for a particular person during the Florida divorce process. Many attorneys even charge a flat fee for the simplest types of divorces. But when one party decides to contest an issue, you can tear up that estimate. When emotions take over and parties fail to act according to their own enlightened self-interest, there’s no telling how long the process can last. Arthur Lake helps clients and opposing parties focus on achievable objectives to minimize losses and reach cost-effective solutions.

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