Several factors influence the cost of a divorce. These are:

Whether one or both parties are represented. Having attorneys on both sides is frequently beneficial because it makes it more likely that both parties will follow the law rather than what they believe ought to happen. When both parties have retained lawyers who encourage a more “cooperative” approach to resolving conflicts, this can help keep legal costs down. Unfortunately, some attorneys and/or parties choose a more litigious and adversarial approach, which can drastically increase the costs for both parties. Our firm prefers a cooperative approach; however, we are willing and able to engage in aggressive litigation whenever necessary

The issues presented. If the parties can reach an agreement on all issues—distribution of property, alimony, and child issues—the divorce can be concluded fairly inexpensively. Typically, disputes regarding the care and custody of children can increase the costs associated with divorce, as can the issue of alimony or spousal support. If parties are on agreement with each other, costs are reduced, while costs will increase if there is disagreement about major issues.

At Halickman & Farley, LLC we are cognizant of the legal fees and costs associated with a divorce and do our best to work efficiently without sacrificing quality of representation. We often do a cost-benefit analysis with our clients when strategizing and evaluating settlement offers.

There is no such thing as “abandonment” in Florida, so you do not give up ownership or interest in the property if you leave the marital home and move someplace else during the pendency of the divorce.Often times, it is very difficult to live with your spouse while going through the breakup of the marriage. If you have the financial resources and/or an alternative place to stay, it is often better to leave the marital home. It is best to discuss this issue with your attorney before making a decision to move or remain in the marital home with your soon to be former spouse.

NO! Although litigation is one way to resolve differences, it relies on the judgment of a stranger, i.e., a judge, to determine how the marital estate shall be divided and/or children shall be raised. This firm encourages a more cooperative approach, which allows the parties, who are forced to live with the end result, to retain more control.Two methods are:

• Mediation: This involves the assistance of a third-party neutral who works with the parties in devising creative solutions regarding alimony, equitable distribution, and the care of children. It requires a commitment by both parties to compromise and listen to the needs of the other party. Mediators are often lawyers, but they do not need to be. Every case that is filed is required to attempt mediation at least once prior to a court hearing to resolve the issues. Both partners in our firm are Florida Supreme Court-certified family mediators. 
• Collaborative Law: Collaborative law is a process where all parties, including the lawyers, are committed to resolving all issues without litigation. All parties in this approach have a stake in reaching an amicable resolution. Should litigation become necessary, the lawyers involved in the collaborative process are unable to represent the parties in litigation; therefore, if the negotiations break down, the lawyer loses his/her client and the client must start over with another attorney. This provides an incentive for everyone to exchange necessary information, listen to the concerns of others, work towards finding a win-win solution for the family, and compromise in order to avoid the expense of litigation.

The short answer to this question is no, although parties can negotiate certain rights outside of the context of filing for divorce. This may be in the form of post-nuptial agreements or a petition for support (alimony and child support), unconnected with dissolution proceedings.

If the parents are both wage earners, child support is essentially a calculation that considers the amount of time a child(ren) spends in each parent's home and the net income of each parent after allowable deductions such as income tax and health insurance premiums. For the benefit of children, the legislature established this formula and mandates a minimum payment.

Alimony is a bit more complicated, as there is no uniform formula and there are various forms of alimony. Alimony is based upon the length of the marriage, the earning capacity of the parties and the ability of one spouse to pay for the needs of the other.

Once a court has entered a final judgment of dissolution of marriage or paternity, the order can only be changed if a party can demonstrate a substantial change in circumstances that is permanent, unanticipated and involuntary. For orders relating to the care of children, a party seeking a modification would have to also prove that the requested change serves the best interests of the children.

Assets and liabilities that are acquired during the marriage are subject to division. Premarital property that has not been “combined” (or mixed in) with marital assets may be kept separate, as are gifts or separately held inheritances/bequests.

The filing of a paternity petition can lead to the establishment of child support, parental responsibility (the right to make decisions on behalf of your child) and timesharing.

One can seek injunctions against violence and stalking if in fear of imminent harm. Once such a petition is filed, the court may grant a temporary ex parte (without hearing) order with a court date to occur within approximately two weeks or grant an opportunity to make a case for an order at a hearing. If such an order is obtained against you, it is important to address it, as it can have significant legal implications, such as the right to own a firearm and its appearance on a background check.

If you are moving less than 50 miles from the other parent’s home, you may do so, unless you agreed to a more restrictive area in your Marital Settlement Agreement and/or Parenting Plan Agreement. If you move more than 50 miles from the other parent’s home and/or out of state, you must either obtain the written consent of the other parent and/or a court order. One may file a Petition to Relocate, which would consider all circumstances of the move, the effect on both parents and whether the relocation is in the best interests of the child(ren). It is important to obtain legal counsel if you are planning on moving (50) miles or more or out of state as certain requirements must be met and complied with or the Court can order the return of your child(ren).

Most divorces are completed within one year of filing the petition for dissolution of marriage. If the parties are able to reach an agreement on all issues without lengthy discovery, a final judgment of divorce can be entered within 30–90 days of filing. In contentious and/or complex cases, the divorce process can exceed one year.