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Family Law FAQs

Geller Law and Mediation > Family Law FAQs

CAN I FILE FOR A LEGAL SEPARATION?

No. Florida law does not recognize the idea of legal separation nor is separation required prior to seeking a divorce.


WHAT DOES THE PHRASE “FLORIDA IS A NO FAULT STATE” MEAN?

In some states, “fault” is established as one of the grounds for divorce, but Florida abolished fault as a grounds for divorce, hoping to reduce the potential harm to the parties and the children from the divorce pleadings. Specifying the exact reason for a divorce is no longer necessary. The marriage must simply be “irretrievably broken” for a divorce case to be filed.


HOW LONG DOES THE DIVORCE PROCESS TAKE?

We can’t accurately answer this question because each divorce is different. The time the process takes is based on the complexity of the issues involved, the strategies of the attorneys and how much acrimony exists between the parties. Parties who are able to work together can complete the process more quickly and with lower costs than those who must go to court.


WHAT IS MEDIATION? DO I HAVE TO ATTEND?

Mediation is an alternative dispute resolution process available to help you and your spouse work out an agreement on the issues involved in your divorce without protracted litigation. The goal is to arrive at a resolution with agreeable terms. Miami-Dade County requires couples to attempt mediation before going to trial. Elsewhere, the process is voluntary.

If you have additional questions about your unique family law issues related to child support, alimony or the division of assets and debts, please contact us.