FAQ’s

Frequently Asked Questions

Navigating family law matters can feel overwhelming, whether you’re facing a divorce, a child custody dispute, or seeking legal guidance on adoption. At Golden Key Law Group, we understand that you may have many questions about your rights, responsibilities, and options.

This FAQ page is designed to provide clear, straightforward answers to the most common questions our clients ask. Whether you’re just starting to explore your legal options or you’re already in the middle of a case, we hope you’ll find this resource helpful.

If you need personalized advice or assistance with your case, don’t hesitate to contact us. We’re here to guide you through the process with care, compassion, and expertise.

General Questions

A family law attorney assists clients with legal matters related to family relationships. This includes handling cases such as divorce, child custody, child support, alimony, property division, adoption, and domestic violence. Attorneys guide clients through the legal process, represent them in negotiations or court hearings, and ensure their rights and interests are protected under Florida law.

You may need a family law attorney if you are dealing with legal issues such as divorce, disputes over child custody or visitation, modifications to child support or alimony, or enforcing a court order. A family law attorney is particularly essential if your case involves complex financial matters, contested custody issues, or allegations of domestic violence. Consulting with an attorney can help you understand your rights and the best way to proceed under Florida law.

For your initial consultation, it’s helpful to bring:

Identification (e.g., driver’s license).
Any prenuptial or postnuptial agreements.
Existing court orders or legal documents related to your case.
A list of questions or concerns you have about your situation.
Being prepared ensures that your attorney can provide the most accurate advice during your consultation.

Our firm specializes in a wide range of family law matters, including:

Divorce (contested and uncontested)
Child custody and time-sharing arrangements
Child support and alimony
Paternity cases
Domestic violence injunctions
Modifications and enforcement of court orders
We are committed to providing personalized legal support tailored to your unique needs.

The duration of a family law case in Florida varies depending on the complexity of the case and the level of agreement between parties. For example:

Uncontested divorces can sometimes be resolved within a few months.
Contested divorces or custody disputes may take several months to over a year.
Cases involving mediation or court hearings typically take longer, especially if multiple hearings are required.
Your attorney will help you understand the timeline for your specific case and work to resolve matters as efficiently as possible

Divorce-Related Questions

Florida is a “no-fault” divorce state, meaning you do not need to prove fault, such as adultery or abuse, to file for divorce. The two grounds for divorce in Florida are:

Irretrievable Breakdown of the Marriage: The marriage cannot be repaired.
Mental Incapacity of a Spouse: If one spouse has been mentally incapacitated for at least three years.

Florida follows the principle of equitable distribution, which means marital property is divided fairly but not necessarily equally. Marital assets and debts acquired during the marriage are subject to division, while non-marital property (e.g., assets owned before the marriage or inherited individually) typically remains with the original owner. Factors considered in property division include:

Each spouse’s contributions to the marriage.
The economic circumstances of each spouse.
The duration of the marriage.
Contributions to the care and education of children.

Uncontested Divorce: Both spouses agree on all aspects of the divorce, including property division, child custody, and support. These cases are typically resolved faster and with less expense.
Contested Divorce: Spouses disagree on one or more terms of the divorce, requiring negotiation, mediation, or litigation to resolve disputes. Contested cases can be more time-consuming and costly.

It depends on the type of divorce. If the divorce is uncontested and all paperwork is completed correctly, the process can often be finalized without a court appearance. However, for contested divorces or cases involving unresolved issues, you may need to attend hearings or a trial to reach a resolution.

Yes, mediation is a common step in many Family Law matters in Florida. It allows both parties to work with a neutral third party (the mediator) to negotiate agreements on issues like property division, child custody, and support. Mediation can save time, reduce costs, and foster a more amicable resolution. Many Florida courts require mediation for contested cases before proceeding to trial.

Child Custody and Support

In Florida, child custody (referred to as “parental responsibility” and “time-sharing”) is determined based on the best interests of the child. Courts prioritize the child’s well-being and aim to create arrangements that support their emotional, physical, and developmental needs.

The court considers several factors to determine custody, including:

The ability of each parent to meet the child’s needs.
The emotional bond between the child and each parent.
Each parent’s willingness to foster a positive relationship between the child and the other parent.
The child’s adjustment to their home, school, and community.
Any history of domestic violence, substance abuse, or neglect.
The mental and physical health of each parent.
The child’s preferences depend on their age and maturity.
Florida law encourages shared parental responsibility unless it is not in the child’s best interests.

Child support in Florida is calculated using guidelines established in Florida Statute §61.30, which consider:

The income of both parents.
The number of children.
Costs for health insurance and child care.
The number of overnight stays the child spends with each parent (time-sharing schedule).
The guidelines provide a formula to ensure the child’s needs are met while maintaining fairness for both parents.

Yes, child custody arrangements can be modified, but only if there has been a substantial, material, and unanticipated change in circumstances since the original order was issued. Additionally, the proposed modification must serve the best interests of the child. Examples of valid reasons for modification include relocation, changes in a parent’s work schedule, or concerns about the child’s safety or well-being.

If a parent does not follow a court-ordered custody arrangement, the other parent can file a motion for enforcement or contempt. The court may impose penalties on the non-compliant parent, such as:

Modifying the existing custody arrangement.
Awarding additional time-sharing to the aggrieved parent.
Ordering fines or other sanctions.

Spousal Support/Alimony

Spousal support, also known as alimony, is financial assistance that one spouse may be ordered to pay the other during or after a divorce. The purpose of alimony is to provide financial stability to a spouse who needs support after the end of the marriage.
Under Florida Statute §61.08, the court considers several factors when determining alimony, including:

The standard of living is established during the marriage.
The duration of the marriage.
The financial resources and income of each party.
Each spouse’s age, health, and ability to earn an income.
Contributions to the marriage, such as homemaking or supporting the other spouse’s career.
The responsibilities for any minor children.
The court may award different types of alimony, including:
- Bridge-the-Gap Alimony: Short-term assistance to transition from married to single life.
- Rehabilitative Alimony: Support to help a spouse gain skills or education to become self-sufficient.
- Durational Alimony: Set payments for a specific time, often in shorter marriages.

The duration of alimony depends on the type awarded and the specifics of the marriage:

Bridge-the-Gap Alimony: Limited to two years.
Rehabilitative Alimony: Lasts as long as needed for education or training to be completed, per the court-approved plan.
Durational Alimony: Cannot exceed the length of the marriage.
Alimony duration often correlates with the length of the marriage:
Short-Term Marriage: Less than 10 years.
Moderate-Term Marriage: 10 to 20 years.
Long-Term Marriage: 20 years or more.

Yes, alimony can be modified or terminated under certain circumstances. Florida law allows for modifications if there is a substantial, material, and unanticipated change in circumstances. Common reasons include:

A significant change in income for either party.
The receiving spouse’s remarriage or cohabitation with another partner.
A change in the financial needs of the recipient or the ability of the payer to provide support.
Bridge-the-gap alimony cannot be modified, while rehabilitative, and durational alimony may be adjusted based on circumstances.

Other Family Law Matters

Prenuptial and postnuptial agreements are legal contracts that outline how assets, debts, and other financial matters will be handled during the marriage or in the event of divorce. Florida courts will enforce these agreements if they meet specific requirements under Florida Statutes §61.079, including:

The agreement was entered into voluntarily and without coercion.
Both parties fully disclosed their assets and liabilities.
The terms of the agreement are not unconscionable at the time of enforcement.
If any of these conditions are not met, the court may invalidate all or part of the agreement.

Yes, Florida law allows individuals to seek a restraining order (also known as an injunction) to protect themselves from domestic violence. Under Florida Statutes §741.30, domestic violence includes physical harm, threats, stalking, and other abusive behaviors.

To obtain a restraining order, you must:

File a petition with the court detailing the abuse or threats.
Attend a hearing where a judge will evaluate your request.
If granted, the injunction may prohibit the abuser from contacting you, coming near your home, or possessing firearms.
Emergency temporary restraining orders may be issued if immediate protection is needed.

In Florida, grandparents’ rights to custody or visitation are limited and depend on specific circumstances. Generally, grandparents do not have an automatic right to visitation or custody of their grandchildren. However, Florida law does provide some avenues for grandparents to seek visitation or custody in limited cases, such as:

When Both Parents Are Deceased, Missing, or in a Persistent Vegetative State: Grandparents may petition the court for visitation rights under these circumstances.
Best Interests of the Child: Courts will consider whether granting visitation or custody to a grandparent is in the child’s best interests. This involves evaluating the emotional ties between the child and the grandparent, the grandparent’s ability to provide a stable environment, and other relevant factors.

It’s important to note that Florida courts prioritize parental rights, and any petition for grandparent visitation or custody must meet stringent legal standards. If you’re a grandparent seeking visitation or custody, consulting an experienced family law attorney is essential to understanding your rights and the legal process.

Costs and Process

The cost of hiring a family law attorney in Florida varies depending on the complexity of your case, the attorney’s experience, and the amount of time required to resolve your matter. Family law attorneys typically charge an hourly rate, which may range from $200 to $500 or more per hour. In addition, most attorneys require an upfront retainer, which can range from $2,500 to $10,000 depending on your case. Your attorney will bill against this retainer for their time and expenses.

Yes, many family law attorneys, including our firm, offer payment plans through Law Pay to help make legal representation more accessible. If you’re concerned about affordability, let us know, and we’ll discuss the options available to you.

To keep legal costs down, consider the following:

Be Organized: Provide your attorney with all requested documents and information promptly and in an organized manner.
Limit Non-Essential Communication: Save questions and updates for scheduled meetings or emails rather than making frequent calls.
Attempt to Resolve Minor Issues Independently: If appropriate, work with the other party to resolve smaller disputes without involving your attorney.
Use Mediation or Collaborative Law: These alternatives to litigation can often save significant time and money.
How will you keep me updated about my case?
We understand how important it is for you to stay informed. We provide regular updates through emails, phone calls, or in-person meetings. You will also have access to any relevant court documents and filings. If you have specific preferences for communication, let us know, and we’ll tailor our approach to meet your needs.

If you cannot afford an attorney, there are resources available to assist you:

Legal Aid Organizations: Many Florida counties have legal aid societies that provide free or low-cost representation to those who qualify.
Pro Bono Services: Some attorneys offer free legal assistance for eligible clients through pro bono programs.
Family Court Self-Help Centers: Florida’s family courts have self-help centers that provide forms and guidance for individuals representing themselves.
Limited Representation: Consider hiring an attorney for specific aspects of your case, such as document review or court appearances, rather than full representation.

Unique Circumstances

If your spouse resides in another state or country, you can still file for divorce in Florida as long as you meet the residency requirement. Under Florida Statutes §61.021, at least one spouse must have lived in Florida for six months before filing for divorce.

Serving your spouse with divorce papers can be more complex if they live outside Florida. Depending on their location, service may involve:

Certified Mail: For some out-of-state or international cases.
Personal Service: Via a process server in your spouse’s jurisdiction.
Service by Publication: If your spouse’s location is unknown.
Florida courts will have jurisdiction over the marriage, but property division or child custody decisions involving out-of-state or international parties may require additional legal steps.

Yes, Florida does not require a mandatory separation period before filing for divorce. Florida is a no-fault divorce state, which means you can file for divorce by simply stating that the marriage is “irretrievably broken.”

Under Florida law, pets are considered personal property in divorce proceedings. Courts do not recognize visitation or custody rights for pets. Instead, the court will determine which spouse retains ownership of the pet based on equitable distribution principles. Factors like who primarily cared for the pet, financial resources, and agreements between the parties may influence the decision.

Florida courts take allegations of abuse very seriously when determining child custody (parental responsibility and time-sharing). Under Florida Statutes §61.13, the court prioritizes the child’s safety and well-being. If abuse is alleged:

Investigation: The court may order an investigation, which could involve child protective services, psychologists, or guardians ad litem.
Temporary Orders: The court may issue temporary orders to restrict or supervise the abusive parent’s access to the child.
Evidence Consideration: The court will consider all evidence, including police reports, medical records, and witness testimony.
In cases where abuse is substantiated, the court may limit or deny the abusive parent’s time-sharing or require supervised visits to ensure the child’s safety.