Frequently Asked Questions

Under Florida law, the court must try to make an “equitable distribution” of marital property and debts. “Equitable” does not always mean “equal,” although that is the starting point. Many factors, including child support, custody, and alimony awards, can cause the court to make an unequal (but still equitable) division of property. The court will not generally divide the property and debts that arise outside the marriage.

Unless you settle your case, the court must divide and allocate the assets accumulated during the marriage. The law is that you and your spouse were financial partners during the marriage and are therefore presumed to be entitled to share in both the assets and income the partnership made.

For most people, lifestyles change after a divorce. Since divorces do not create property or income, the court must divide the marital resources between two separate households. It costs more to run two households than one. If you or your spouse has not been employed during the marriage, it may be necessary to seek employment.

In considering a settlement, you should consider whether you can afford the attorney’s fees to fully litigate your case. Fees and costs in contested cases can be quite high. Usually, a settlement prior to trial reduces the expenses considerably, an important consideration if you come to the divorce with limited resources.

No fault means that it is not necessary to prove “fault” by either party in order to obtain a divorce. All that is necessary is that one or both parties feel that the marriage is over and should be legally ended.

You are not required by law to do the exercises. You will likely be arrested but no penalty will be applied to you for refusing them. You are obligated, however, by implied consent to do a breathalyzer test when a police officer requests it.

Being detained will likely lead to an arrest. You should exercise your rights by not answering any questions from law enforcement. You should not resist or use any kind of force against an arrest. You should be polite and ask to have an attorney present.

Your initial arraignment will be your first appearance in court whether or not you are in custody. At the arraignment, your attorney will receive the complaint stating the charges that have been filed against you and any police reports on your case. If you're in custody, your attorney will have the opportunity to argue bail or set a bond hearing.

You have the right to remain silent if you are under arrest. You have the right to an attorney for your defense. Law enforcement generally cannot search you, your vehicle, or your home without a search warrant. You have a right to be informed of the charges against you and the evidence behind the charges. You have a right to a trial by jury.