Florida Family Law Myths Debunked

Whenever you are dealing with a family-related legal issue, it is important to ensure that you are making informed decisions. Unfortunately, there are many myths out there, and if you rely on these myths, you could end up making the wrong decisions for yourself and your loved ones. Here are five examples of common myths about Florida family law and the truth behind them:

Myth #1: Each Spouse Gets Half in a Divorce
When dividing spouses’ marital assets in a divorce, Florida is an “equitable distribution” state. This means that divorcing spouses won’t necessarily split their marital assets down the middle. An unequal distribution of marital assets may be considered “equitable” in various circumstances, and when preparing for a divorce, it is important for spouses to work closely with an experienced divorce lawyer to ensure that they understand what to expect from the process.

Myth #2: The Mother Always Gets Primary Custody
There is a common misconception that the mother is always favored in child custody matters. But Florida law does not inherently favor either parent. Instead, the law focuses on protecting the best interests of the children involved, and the Florida Statutes contain a list of “best interests factors” that divorcing parents must consider when determining how to divide their parenting rights and responsibilities.

Myth #3: The Father Always Pays Child Support
This is another common (and outdated) misconception. Under Florida’s Child Support Guidelines, each parent’s financial responsibility is determined based on the parent’s income, expenses, custody rights and various other factors. Whether a parent is a mother or a father is irrelevant to his or her duty to provide financial support following a separation or divorce.

Myth #4: The Spouse Who Earns Less Automatically Receives Alimony
When going through a divorce, nothing is automatic. To bring their marriage to an end, divorcing spouses must proactively address all of the issues involved—and they must either reach an agreement on their own or ask a judge to make a decision for them. Thus, neither spouse will automatically receive alimony. While the spouse who earns less may be entitled to financial support, this spouse will need to establish how much he or she is entitled to receive as part of the divorce process.

Myth #5: Divorces and Other Family Law Disputes Always End Up in Court
Finally, there seems to be a common belief that divorces, and other family law disputes will always end up in court. But this isn’t the case either. By working with experienced family lawyers to help them confront their differences, spouses, partners, grandparents and other family members will often be able to reach an amicable resolution.

Speak with a Florida Family Lawyer in Confidence
Do you need help with a family-related legal matter in Florida? If so, we invite you to get in touch. To speak with an experienced Florida family lawyer at Woodward, Pires & Lombardo, P.A. in confidence, please call 239-649-6555 or request an appointment online today.

ABOUT THE AUTHOR
Ken Mundy divorce attorney
Kenneth V. Mundy, Esq.

Kenneth (“Ken”) V. Mundy is an associate attorney with Woodward, Pires & Lombardo, P.A. law firm in Naples, Florida. For undergraduate school, Ken graduated cum laude from Florida Gulf Coast University in 2013. Thereafter, Ken graduated summa cum laude from Ave Maria School of Law in 2016, where he obtained his Juris Doctor. Originally from New Jersey, Ken moved to Naples, Florida, with his parents and sister in 1997.

Ken is a Certified Financial Litigator (CFL™) focusing on family and marital law, including but not limited to complex divorces, child custody disputes, child support and alimony issues, relocation, paternity actions, and domestic violence proceedings. Ken is committed to protecting, educating, and guiding each client through the difficult and challenging processes associated with family law matters. In every case, Ken ensures his clients are placed in a position to make decisions in the best interest of themselves and their families while also maintaining their dignity and self-respect.