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June 09, 2018.
posted in Family Law

On behalf of The Law Office of Gustavo E. Frances, P.A.

Divorce can be messy. We all know that. One episode of Divorce Court will tell you that. Now instead of watching it, you lived through it. You thought you knew what you were getting yourself into but, you didn’t consider all the aspects of divorce. What happens when you have children involved? Will you get to keep that new sports car you just purchased? Here are some things to consider when getting a divorce.

Child Support

When your children are in the picture, things can get tough. Child Support in the state of Florida is a bit different from other states. There are many factors you may not have considered. Did you know certain costs such as daycare and dental insurance are considered when determining Child Support? It’s important to keep these costs on record.

Time-sharing is also a critical factor in Child Support. The number of overnights with your child(ren) each year will help determine the amount you will pay in Child Support. The more overnights you have with your child(ren), typically the less you will pay in Child Support. Child Support may not even be a factor if you and your former spouse have relatively equal time-sharing and income.

Property Division

Make sure you consider what assets you had before the marriage (nonmarital property) and which ones you and your spouse gained while married (marital property). It’s important to know that Florida is an “Equitable Distribution” state, meaning the marital property will typically be divided evenly while the nonmarital property will remain separate from the spouse who had it before marriage. However, the judge determines this on a case-by-case basis and considers things such as the economic circumstances of each partner and/or their contributions during the marriage. Courts can allow for the unequal distribution of marital property if it’s determined as marital misconduct, such as using marital funds for external uses. However, this may not be enough for a court to grant unequal distribution.


The last thing you probably want to do is owe your previous spouse more money. In determining alimony, the judge looks at critical factors such as the length of the marriage, the physical and emotional condition of the partners, and whether the spouse will require more education or training in their career. The four basic types of alimony include bridge the gap, rehabilitative, durational, and permanent. The consequences of not paying alimony are incredibly steep.

When looking for a family law lawyer in Fort Lauderdale to handle your family law needs, you want someone who is accustomed to the field, who truly understands your issues, and has local knowledge. Gustavo E. Frances can cover all your family law needs and give you the advantage. “Because I have spent much of my career working on cases in South Florida courtrooms, I have considerable local knowledge about the Judges, Prosecutors, and other local attorneys here.” I am available 24/7 for a free consultation. You can call 954-533-2756 or complete this contact form.

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