Divorce FAQs

Do I need an attorney to get a divorce?

While you are not required to have an attorney when going through a divorce, it is extremely important to have the assistance of experienced counsel when your children, finances or home hang in the balance.

Do I need to file for divorce, or should I wait for my spouse?

At the Busciglio & Sheridan Law Group, we feel that it can be important to set the stage for the process that follows by being the first to file. While you will be responsible for paying the Clerk of Court a filing fee, you, as the Petitioner, can get the case started on your terms.

Will I have to go to trial?

You are not required to go trial. In fact, most jurisdictions mandate that parties attend mediation before a trial can even be set. Whether by mediation, marital settlement agreement or trial, our team is dedicated to help you get the best possible outcome available.

Will I lose my children?

When determining issues of child custody and visitation, the Florida Legislature gives the courts specific criteria to make such decisions. The sooner you have the aid experienced counsel to help you understand what factors the court considers, the quicker you will be able to set yourself up for success.

Will I lose my house?

Whether dealing with your house, automobile or other property, it is important to determine from the outset of your case what property is considered "marital" and which is not. Marital property. (and marital debt), is generally split equitably, (equally), by the court between spouses, regardless of who acquired it or whose name it is in. We offer an easy to understand workshop to help determine what assets or debts are marital, and how they should be divided.

Can I afford child support?

Most often, the parent designated the non-primary custodian is responsible for paying child support. Further, neither party is able to waive the payment of child support, as it is considered the right of the child. In determining the amount and the timing of child support payments, the court considers many factors, including both parties' income and the number of children. We will make sure that you are neither paying more, or your spouse is paying less than the appropriate amount of support depending on your situation.

Will I have to pay alimony?

There are many different types of alimony available to parties, (husband and wife), in a divorce. Depending on your situation, you may be able to recover one or multiple types of spousal support. Whether permanent or temporary, rehabilitative or lump sum, let our experienced attorneys determine which is available for you.

How long will a divorce take?

Depending on whether your case is deemed a simplified, uncontested or contested divorce and once the initial paperwork is filed, your case could be completed within the month.

What do I do if I am afraid of domestic violence?

Whether you are the victim of domestic violence or have been accused of committing domestic violence, you can bet that an injunction, (restraining order), is on the way. The court must make very specific findings in order to grant a petition for an injunction. Out attorneys will help you determine at the outset whether the facts of your case meet the criteria and will act immediately to protect your rights.