Frequently Asked Questions

The law firm of Klaus Doupé, P.A. is here to help you with your marital and family law matters.  In an effort to provide prospective clients with valuable information in the areas of marital and family law, we have created a sampling of commonly asked questions and their answers.  It is our hope that this may help provide you with general information.

We have also listed several useful resource links.

What is the difference between separation and a divorce?

Separation is when the parties want to stay married for religious reasons, want the advantage of deductibility of spousal support payments for income tax reasons, want to maintain various insurance coverages, or want to remain married for various other reasons.

For some people, a separation agreement is desired to set the parameters for dealing with one another while living separate and apart (especially with respect to continuing support obligations and child sharing issues) while maintaining the status of being married, and leaving the door open for a reunion/resumption of marriage.  Although there is no formal legal separation action in Florida law, we can counsel you on this alternative option to divorce.

What is the first step in the divorce process?

While a divorce lawsuit is commenced by filing in the circuit court for where your spouse resides, or where you last lived together with the intent to remain married, the first step for you might be something different.  We can help you with the process of filing for divorce, and assist you in determining if you should file, where you should file, or when.  We can also attempt to settle your case before it is filed.

What are the financial ramifications of divorce?

The personal financial ramifications of a divorce can be all-encompassing.  The separation of finances can be one of the most daunting aspects of a divorce, but we strive to keep your finances intact.  Florida is an equitable distribution state, and our attorneys can also help clients determine how this affects them in terms of property divisions, and, if applicable, resulting spousal support, while protecting your nonmarital assets or separate property.

 

Do I need to provide financial support to my spouse after the divorce?

In Florida, requests for spousal support, or alimony, are determined independently and specific to your circumstances.  The determination is based on numerous factors, including the education and earning potential of each spouse, the length of the marriage, and the financial resources of the parties.  If an agreement is not reached, the court determines both the amount owed and the length of time it is to be paid based on these factors as well as others.  Our firm has experience in both pursuing and defending spousal support claims.

How much will I see my children?

There is no such thing as custody in Florida law.  Rather, every divorcing couple with children must agree to or, if necessary, have the court determine the Parenting Plan to address how you will parent your children. The Parenting Plan will identify the time sharing arrangement you will have with your children.  Every case is different, and we can assist you in crafting the right parenting plan for you and your family.