Family FAQ

You probably have a lot of questions. Here are some questions I hear a lot as a family attorney. If you need answers, you are encouraged to call my office and talk to me directly – 941-955-1700.

  1. Does it matter who files first in a divorce or business litigation matter? No, generally it does not matter who files first, but there are a few exceptions.
  2. What is status of alimony statute? The Florida legislature has been attempting to modify the alimony statute to do away with permanent alimony. In 2013, Governor Scott vetoed such legislation because, as written, it would have had a retroactive application to divorces which had been settled prior to the effective date of the statute.
  3. Is mediation required in family law or business litigation cases? Yes, before the court will schedule a trial, the parties are required to mediate the dispute. Fewer than 10% of family law cases and/or business litigation cases go to trial.
  4. Do you have to prove fault to get a divorce? Although some states require one to prove fault in order to dissolve a marriage, that is not the case in Florida. If you have resided here for six months, the court will grant you a divorce.
  5. Does fault matter in a divorce? Generally no, but fault could matter if one spouse is dissipating marital assets on an extramarital affair, gambling, drugs, or some other vice.