In most cases, the answer is yes. Mediation is required by the courts in all cases, but there are circumstances in which you may be excused. You will need to obtain an order from the court.

No. You must select an independent lab for testing.

Not in every case. If you agree to the terms of your divorce, you can file uncontested pleadings with the court, and you may not have to make a personal appearance.

Once you file for divorce, your case will proceed through the court system whether or not your spouse agrees.

The divisions of assets is called Equitable Distribution, and the factors for distribution are set forth in a Florida Statute. If you meet the statutory factors, then you may be awarded assets, or a portion of assets, that are in your spouse’s name.

There is no set amount of time. The statute requires the Judge to wait 20 days after the petition is signed, but parties are free to waive this waiting period. If all documents required by the court are properly filed and all parties are in agreement, it can be done is less than 20 days.

Florida is a Best Interest of the children state. If the Judge finds there is enough evidence that it would be in the children’s best interest to spend 50% of his or her time with each parent, then it can be ordered. Both parties are free to agree and are encouraged to come up with a parenting plan that works best for their child or children.

1) Budget for divorce. They can be expensive. Attorneys cost between $150.00-$500.00 per hour, filing fees and costs can really add up. Start putting money aside. If your divorce will be amiable, you may want to shop for a mediator or a corroborative attorney.
2) Put together a good team and determine what type of professional you will need. Pick at attorney who practices Family law. You don’t want a jack of all trades’. Discuss other professional that will be needed and talk to people who have gone through the process. Mediators, forensic accountants, financial advisors and counselors are all possible team members to help you navigate this life changing event.
3) Update your beneficiaries with the plan administrators on their forms. ERISA is a federal law that states that the plan beneficiary prevails no matter what is in your settlement agreement, so just because it is in the settlement agreement or mediation agreement, if you leave your ex-spouse as the beneficiary he or she will likely be entitled to the proceeds.
4) Plan for expenses such as health insurance. After you are divorced you can no longer be on your spouses company insurance. COBRA lasts 36 months and unless you bargain for that to be paid by your spouse, it can be a large added expense.
5) Check yourself and your children be sure everyone is doing OK and handling things well. If not, soliciting a counselor to ease transitions, especially when new relationships form can be vital.

If a petition has been filed in Lee County, more likely than not there is a standing order that prevents you from removing your children without court approval. You should check with an attorney to be sure you comply with the statute. Taking the children against a standing order can land you in jail.

It depends. Florida is an equitable distribution state. The court values all the marital property (property obtained during the marriage no matter whose name it is in) and marital liabilities (liabilities accrued during the marriage) and divides them between the parties based on the statutory factors.

The filing fees in Lee County are currently $418.00. If you and your spouse obtained the correct forms and filed everything on your own, this could be your only expense. Typically divorces cost about $5,000.00. The can cost much less and much more depending on the attorneys and the actions of the parties.

401K and some retirement accounts cannot be split without severe tax consequences. Most plans require a QDRO to split them without tax consequences. You should consult an accountant and/or an attorney on these issues to be sure you agree to split your assets with as little tax consequences as possible.

Florida is a no-fault state, which means no grounds other than irreconcilable differences needs to be proven or pled. Therefore, the Judge will not want to hear what who did to whom. It doesn’t matter.

The court uses a statutory formula based upon both parent’s income to determine a total amount due. Each parent is responsible for providing for the child based on their percentage of net income to the total amount of support due to the child.

The overriding concern is the best interest of the children. One spouse should never alienate the children form the other-no matter whether they deserve it or not. The prevailing literature is clear that it is usually harmful to the children and actually backfires on the parent trying to alienate the children from the other parent. The children won’t remember Dad was a jerk, just that Mom kept them from him. Children will often resent the parent. Every effort should be made for a harmonious parenting arrangement. Often parenting coordinators or counselors can help the parties resolve conflict and act in their children’s best interest.

The exception is when the children would be endangered by a parent’s behavior such as when alcohol or drugs are abused; violence or abuse is occurring. In those instances, supervised visitation may need to be requested. However, it is very rare that a parent will be denied any contact with their child. It is usually an unrealistic and unhealthy expectation.

You will have to file a Motion and ask the court to award you attorney fees. The court must make a finding that you are in need and the spouse has the ability to pay and find the fees reasonable. The court strives to make sure that each party has equal access to counsel.