Frequently Asked Questions About Family Law

How Is Child Custody Determined In Florida?

Florida doesn't recognize the term "custody." Instead, each parent typically has a designated "time-sharing" schedule. The court determines this schedule based on a variety of factors such as the health of the parents and the child's engagement in school or community activities.

I Am Not A U.S. Citizen. Will My Immigration Status Affect My Time-Sharing Schedule?

Probably not. While many factors are considered during the creation of a time-sharing schedule, immigration status is not one of them. However, if you are no longer in the same country as your child, such as in the case of a voluntary departure or deportation, your time-sharing schedule may need to be altered.

Will My Immigration Status Be Affected If I File For Divorce?

Potentially. To file for a dissolution of marriage, at least one partner must have been a resident of Florida for at least six months. However, your immigration status may be jeopardized if it depends on your partner's U.S. citizenship when you file for divorce. An experienced Florida family law attorney can help you determine the best way to protect your immigration status if you are seeking a divorce.

Do I Need A Lawyer To File For Divorce?

Not in Florida if you meet the following requirements:

  • You and your spouse completely agree on the terms of the divorce.
  • Neither you nor your spouse is pregnant, and you have no children under 18 or dependent children.
  • Neither you nor your spouse will receive alimony.
  • Either you or your spouse has lived in Florida for at least the past six months.

This process is called a simplified dissolution of marriage and takes about 30 days from filing to completion. However, filing for divorce without legal counsel may be risky if you are unaware of critical issues. For peace of mind, consult with an attorney before filing on your own.

Do I Need To Provide A Reason For The Divorce?

The laws in Florida dictate that it is a no-fault divorce state. The only reason you need to give to petition for divorce is that your marriage is irretrievably broken.

Answers For Your Divorce, Immigration And Custody Questions Today

At Salomon & Salomon, we have years of experience to help us answer your questions about divorce, even if you've recently immigrated. From offices in Coral Springs and Fort Lauderdale, we help people throughout southeast Florida begin a new chapter with their families. Call us today at 954-703-4215 to get started or send us your questions online.