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More Than 3 Decades of Collective Experience

Facing Divorce or other family law matters?
We can help!

A small fee will be charged for the initial consultation.

Please note that a small fee will be charged for the initial consultation.

Divorce and Family Law FAQ

Answers from Our Melbourne, FL Divorce Attorneys

Navigating a divorce or family law case – especially for the first time – can be extremely overwhelming. With familial relationships and your financial future at stake, it is understandable to be anxious about moving forward. That is why our Melbourne, FL divorce attorneys have provided helpful answers to some of the most frequently asked family law questions. We hope this FAQ will serve as a valuable resource in your time of need.

Still have questions after reading our FAQ? Don’t hesitate to contact the Figueroa Law Group, P.A. at (321) 248-1011.

How long does a divorce take?

The process depends on whether the parties are willing to come to an agreement on their issues. In the situation of a settlement, the case can take as little as a few weeks to a few months. If the parties elect to actively litigate their case, the process can take anywhere from six months to two years on average.

How much will the attorney's fees cost?

Our attorneys will analyze the specific issues in your case to determine the time and services required. Good communication and cooperation with your attorney can help minimize the fees and costs. In some cases, attorney’s fees may be awarded on a temporary basis or at the end of the case where the other party has a greater ability to pay.

What is considered marital property vs. non-marital property?

Marital property refers to assets that belongs to “the marriage” and are to be divided between the spouses in a divorce, including the passive appreciation in value of property such as real estate. Non-marital property refers to personal assets that are acquired by a spouse before the marriage, acquired by a spouse as a gift or inheritance from someone who is not their spouse, or an asset that is excluded from the marriage based on a written agreement between the spouses. Unless it was used by the spouses as a marital asset, income derived from non-marital assets during the marriage is also considered non-marital property.

What is a QDRO?

A Qualified Domestic Relations Order (QDRO) refers to an order of the court for the division of pensions, savings plans, 401(k)s, or other retirement accounts. QDROs can be complex to prepare and involve crafting careful language to protect the division of the asset. Some companies may pre-approve the Order and some will determine approval after the judge signs the Order. This process may take several months.

Who gets custody of the children in a divorce?

In Florida, custody is treated as a time-sharing arrangement with the parents having shared parental responsibility in most cases. The details of the time-sharing arrangement are set out in a parenting plan. In some cases, one parent may be designated as the majority time-sharing parent.

How is child support determined?

Child support is based on various factors including but not limited to each parent’s income, allowable deductions, and the percentage of overnight time-sharing.

When can I stop paying child support in Florida?

Unless there are special circumstances involved (e.g. the child is physically or mentally challenged), child support in Florida stops at the age of majority (18 years old). However, if the parties agree, or if ordered by the court, payments may continue up until the child graduates from high school, if the expected graduation date is prior to turning 19, whichever is sooner.

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Providing Support for Our Clients in Their Time of Need
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We called in desperation and hung up with satisfaction.
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You protected us from the harm false accusations would have brought our family.
Britney D.
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I got the most professional treatment!
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Attorney Figueroa has carefully selected staff that enjoy their jobs. It comes across in the way they have treated me and all those that are a part of my dissolution of marriage.
Former Client
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I was in a battle for my children with an ex-husband with a bottomless wallet & the best attorney in his town. Well, I got the best attorney in my town with Diana. She listened, referenced law books, looked over all the documents I took to her.
Joseph M.
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I met Diana Figueroa approximately a year and 1/2 ago when we both joined a national group of like-minded attorneys. During that time I had the opportunity to meet with Diana on a regular basis.
Haley S.
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I cannot express how thankful I am.
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She is the number one attorney.
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I would recommend to anyone having issues.
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The attorneys and entire staff are professional and very nice.
Sharletta H. The attorneys and entire staff are professional and very nice. Mary
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A professional who will champion your case
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Professionalism, knowledge, detail oriented and care to areas of concern are the qualities why I chose Diana Figueroa Law Firm.
Kyle S.
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Thank you from the bottom of my heart, Figueroa Law Group!
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Others don't come close to the service received at Figueroa Law Group
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They know what they are doing.

Facing Divorce or other family law matters? We can help!

Please note that a small fee will be charged for the initial consultation.