Family Law FAQs – Answers to Your Most Important Legal Questions
Family law cases can be some of the most emotionally charged and life-altering experiences a person will ever face. Whether you’re considering a divorce, fighting for custody of your children, navigating the complexities of child support or alimony, or seeking protection through a domestic violence injunction, it’s natural to feel overwhelmed and uncertain about what lies ahead. At McGuire Law Offices, we understand that these are not just legal issues—they’re personal ones that affect your home, your family, and your future.
This dedicated Family Law FAQ page is designed to answer some of the most common questions our clients ask in Pinellas County and throughout Florida. We’ve organized each section by topic—Divorce, Custody, Child Support, Alimony, Paternity, Domestic Violence, Grandparent Rights, and more—so you can easily find the information most relevant to your situation. While every case is unique, these answers provide a solid foundation to help you better understand your rights, your options, and how the legal process works in Florida family courts.
Still have questions? We offer personalized consultations and are here to guide you every step of the way.
Divorce FAQ's
Divorce is never easy. It marks a significant life transition filled with emotional, financial, and legal challenges. At McGuire Megna Attorneys, we understand how overwhelming this process can be—and how important it is to have clear guidance during such a difficult time. That’s why we’ve compiled answers to some of the most frequently asked questions about divorce in Florida. Whether you’re concerned about child custody, asset division, alimony, or simply how to get started, this FAQ section is designed to help you feel informed and empowered as you take the next steps. We’re here to support you with trusted legal counsel and compassionate representation every step of the way.
You or your spouse must have lived in Florida for at least six months before filing.
It means you don’t need to prove fault like adultery or abuse. You only need to show that the marriage is irretrievably broken.
Uncontested divorces can be resolved in 4-6 weeks. Contested cases may take several months to a year or more.
In uncontested divorce, both parties agree on key issues. Contested divorces require court involvement to resolve disputes.
It depends on several factors including property classification (marital vs. non-marital), financial contribution, and child custody arrangements.
Florida uses equitable distribution—marital assets and debts are divided fairly, not necessarily equally.
Alimony is awarded based on need and ability to pay, and depends on the length of marriage, lifestyle, and financial standing.
Yes. A name change can be requested in your divorce petition and finalized in the court order.
Child Custody FAQ's
Child custody matters can be some of the most emotionally challenging and legally complex issues in family law. Whether you’re navigating a divorce, a paternity case, or seeking a modification to an existing custody arrangement, it’s normal to have questions about your rights and your child’s future. At McGuire Law Offices, we understand that your top priority is protecting your child’s well-being. That’s why we’ve created this FAQ section—to help provide clear, straightforward answers to the most common questions about child custody in Florida. From time-sharing and parental responsibility to relocation and enforcement, we’re here to guide you through each step of the process with experience, compassion, and unwavering advocacy.
Florida no longer uses the terms “custody” or “visitation.” Instead, it focuses on parental responsibility (the right to make major decisions about the child’s life) and time-sharing (how much time each parent spends with the child). Courts generally favor arrangements that allow both parents to maintain a strong relationship with the child.
Custody decisions are based on what’s in the best interests of the child, as outlined in Florida Statute §61.13. The court will consider factors like the child’s emotional and physical needs, each parent’s ability to care for the child, the child’s school and community ties, and any evidence of abuse or neglect.
In rare cases, one parent may be awarded sole parental responsibility, especially if the other parent is deemed unfit due to substance abuse, domestic violence, or other concerns. However, Florida courts typically encourage both parents to share responsibilities unless it’s not in the child’s best interest.
If a parent fails to follow a court-ordered parenting plan, the other parent can file a motion for contempt or enforcement. The court may impose penalties, order makeup time-sharing, or take further action to ensure compliance.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helps determine which state has authority to make custody decisions, especially in interstate or international cases. It prevents parents from “forum shopping” by moving to different states to seek a favorable outcome.
Yes, but you must prove a substantial, material, and unanticipated change in circumstances, and that the proposed change is in the child’s best interests. Common reasons include relocation, changes in employment, or concerns about the child’s safety.
This could be a violation of the existing custody order or Florida law. You should seek immediate legal counsel. Under the UCCJEA and certain emergency relief laws, Florida courts can intervene to protect the child and enforce custody rights.
While not legally required, hiring an experienced child custody attorney is highly recommended. These cases involve complex legal standards and personal stakes. An attorney can advocate for your parental rights, negotiate parenting plans, and represent you in court.
Domestic Violence FAQ's
Facing a domestic violence situation can be overwhelming and frightening—but you are not alone. Florida law offers clear protections for individuals experiencing abuse, threats, or harassment from a spouse, partner, or family member. Whether you need to file for an injunction (restraining order) or defend against one, it’s important to know your rights and what steps to take. At McGuire Law Offices, we understand how sensitive and urgent these matters are. This FAQ section is designed to answer common questions about domestic violence laws, the injunction process, court hearings, and what to expect next. Our goal is to provide clarity, support, and strong legal advocacy during this critical time.
Domestic violence includes physical harm or threats of harm from a family or household member. It also includes stalking, sexual assault, or repeated harassment.
Yes. Florida law allows individuals in dating relationships, co-parents, and other household members to file for protective orders—even if they’ve never been married.
Not necessarily. A single, credible act of violence or threat may be enough to file for a domestic violence injunction.
The court may issue a temporary injunction without a hearing. A final hearing will typically be scheduled within 15 days where both parties can present evidence.
Yes. Judges may consider the existence of a restraining order when making custody or time-sharing decisions, and violations can affect divorce proceedings.
Violating an injunction is a criminal offense. You should report the violation immediately. Law enforcement may arrest the offender.
Yes, either party may petition the court to modify or dissolve an injunction based on changed circumstances.
False accusations can damage your reputation and legal standing. Contact an attorney immediately to protect your rights and defend yourself in court.
Alimony FAQ's
Alimony is one of the most frequently contested issues in Florida divorce cases. Understanding how spousal support is determined, whether it applies to your situation, and how long it may last can make a major difference in your financial future. At McGuire Law Offices, we believe in equipping our clients with knowledge. These FAQs address the most important aspects of alimony law in Clearwater and throughout Pinellas County, giving you a clear foundation to make informed decisions during and after divorce.
Alimony is spousal support meant to assist a former spouse financially, while child support is for the benefit of the children. Alimony can be negotiated or ordered based on financial need and marriage duration.
Yes. Florida law allows either spouse to request alimony, regardless of gender. The court focuses on need and ability to pay.
Generally, a marriage lasting 17 years or more is considered long-term. This can affect the likelihood and duration of a permanent alimony award.
There is no set minimum, but the longer the marriage, the greater the likelihood of receiving long-term or permanent alimony.
If the recipient spouse is in a financially interdependent relationship with someone else (even if not remarried), the court may reduce or terminate alimony.
Yes, if there’s been a substantial change in circumstances, such as job loss, retirement, or remarriage of the receiving spouse.
You can file a motion to enforce the court order. The court may impose fines, wage garnishment, or even jail for noncompliance.
For divorces finalized after January 1, 2019, alimony is no longer tax-deductible for the payer or reportable as income by the recipient under federal law. However, it may still impact certain state benefits.
Relocation FAQ's
Relocation cases can be emotionally charged and legally complex. Whether you’re hoping to move with your child or trying to prevent a move that would affect your parenting time, understanding your rights and obligations under Florida law is essential. Below, we’ve answered some of the most frequently asked questions about child relocation in Florida to help you navigate this process with clarity and confidence.
No, not without either written consent or a court order. Even if you’re the primary caregiver, the law requires compliance with § 61.13001 for moves over 50 miles.
You could face legal consequences including contempt, loss of time-sharing, and being ordered to return the child. Courts take unauthorized relocations seriously.
The distance is measured as a straight-line radius, not by driving distance. Even nearby moves could fall under the statute.
You still need their consent—or a court order. Courts consider actual parental involvement, but you can’t bypass the process based on non-compliance alone.
Only if the court grants a temporary order authorizing the move. These are rare and require strong justification.
Yes. If the move is longer than 60 days and over 50 miles, the statute applies—even in military or work-related contexts.
Yes, if you file a valid objection within 20 days and present evidence showing that the move is not in the child’s best interest.
If the parenting plan or final judgment predates Oct. 1, 2006 and contains specific relocation terms that conflict with § 61.13001, the court may honor the older agreement. It’s best to have it reviewed.
Prenuptial Agreements FAQ's
Entering into a marriage is a major life decision—and for many couples, it also makes sense to plan for the “what ifs.” Prenuptial agreements, or prenups, are powerful tools to safeguard individual assets, clarify financial responsibilities, and avoid unnecessary conflict in the future. Whether you’re considering one for asset protection or peace of mind, here are answers to some of the most common questions we receive about prenuptial agreements in Florida.
A prenuptial agreement (also called a premarital agreement) is a legally binding contract made between two people before marriage that outlines how property, debts, and other financial matters will be handled in the event of divorce or death. Florida follows the Uniform Premarital Agreement Act, which governs the creation and enforcement of these agreements.
Yes—if properly drafted, disclosed, and executed, prenuptial agreements are enforceable in Florida. To ensure enforceability, both parties must enter into the agreement voluntarily, fully disclose their assets and liabilities, and avoid provisions that violate public policy, such as waiving child support.
While it’s not legally required to have a lawyer, it’s strongly recommended. Each party should be represented by separate legal counsel to ensure the agreement is fair, legally valid, and enforceable. Having independent legal advice can also help prevent future claims of coercion or lack of understanding.
Yes. A prenuptial agreement can be amended or revoked at any time after marriage, but both spouses must agree in writing to the changes. If a couple wishes to make significant changes after the wedding, they may also choose to create a postnuptial agreement instead.
A prenup can cover a wide range of topics, including:
- Division of assets and debts
- Spousal support (alimony) terms
- Rights to real estate or business interests
- Estate planning and inheritance rights
- Retirement accounts and insurance benefits
However, it cannot predetermine child custody or eliminate child support obligations.
Prenups are a wise choice for:
- Individuals with significant assets or family inheritances
- Business owners or entrepreneurs
- Couples entering second or third marriages
- People with children from previous relationships
- Anyone seeking financial clarity or debt protection before marriage
Yes. A well-drafted prenup can clearly define a business as separate property, exclude it from marital assets, and establish terms for any increase in value during the marriage. This can be crucial for protecting your ownership and preventing complicated disputes in the event of divorce.
Under certain circumstances, a court may find a prenup invalid or unenforceable, such as:
- If one party was coerced or forced to sign
- If there was fraud or failure to disclose financial information
- If the agreement is extremely one-sided (unconscionable)
- If it includes illegal or inappropriate terms
This is why proper drafting and legal guidance are critical from the start.
Void Marriages FAQ's
Understanding the difference between void and voidable marriages in Florida can be confusing, especially when questions about annulment, legitimacy of children, or property rights come into play. At McGuire Law Offices, we know that clients often have pressing concerns about what makes a marriage legally invalid, how annulments differ from divorce, and what steps to take if they believe their marriage is void or voidable. This FAQ section is designed to answer the most common questions we hear, providing clear guidance while highlighting when it’s critical to seek professional legal counsel.
A void marriage is considered legally invalid from the beginning — it’s as though it never existed. A voidable marriage, on the other hand, is legally valid until one spouse seeks an annulment through the courts.
Yes. Florida law recognizes the legitimacy of children born into both void and voidable marriages, protecting their rights to parental support and inheritance.
Common reasons include bigamy (one spouse is already legally married), mental incapacity or intoxication at the time of marriage, or marriages prohibited by law (such as certain incestuous unions).
Voidable marriages can be annulled for reasons like fraud, duress, coercion, impotence, undue influence, or close blood relation between the spouses.
No. Divorce ends a valid marriage, while annulment declares that a marriage was never valid in the first place. Annulments apply to marriages that were void or voidable under Florida law.
Even though a void marriage is legally invalid, obtaining a court order provides legal clarity. This helps avoid disputes over property rights, inheritance, and future marital status.
Generally, voidable marriages cannot be challenged after one spouse dies. However, void marriages may still be declared invalid even after death, though it is best to resolve these issues during the spouses’ lifetimes.
Yes, it is highly recommended. Annulments are legally complex, and having a family law attorney ensures your rights to property, custody, and support are properly protected throughout the process.
Annulment FAQ's
Understanding the difference between void and voidable marriages in Florida can be confusing, especially when questions about annulment, legitimacy of children, or property rights come into play. At McGuire Law Offices, we know that clients often have pressing concerns about what makes a marriage legally invalid, how annulments differ from divorce, and what steps to take if they believe their marriage is void or voidable. This FAQ section is designed to answer the most common questions we hear, providing clear guidance while highlighting when it’s critical to seek professional legal counsel.
A void marriage is considered legally invalid from the beginning — it’s as though it never existed. A voidable marriage, on the other hand, is legally valid until one spouse seeks an annulment through the courts.
Yes. Florida law recognizes the legitimacy of children born into both void and voidable marriages, protecting their rights to parental support and inheritance.
Common reasons include bigamy (one spouse is already legally married), mental incapacity or intoxication at the time of marriage, or marriages prohibited by law (such as certain incestuous unions).
Voidable marriages can be annulled for reasons like fraud, duress, coercion, impotence, undue influence, or close blood relation between the spouses.
No. Divorce ends a valid marriage, while annulment declares that a marriage was never valid in the first place. Annulments apply to marriages that were void or voidable under Florida law.
Even though a void marriage is legally invalid, obtaining a court order provides legal clarity. This helps avoid disputes over property rights, inheritance, and future marital status.
Generally, voidable marriages cannot be challenged after one spouse dies. However, void marriages may still be declared invalid even after death, though it is best to resolve these issues during the spouses’ lifetimes.
Yes, it is highly recommended. Annulments are legally complex, and having a family law attorney ensures your rights to property, custody, and support are properly protected throughout the process.
Contempt FAQ's
Whether you are the party seeking enforcement or the one defending against allegations of contempt, knowing how Florida courts approach these issues can make all the difference. The following FAQs address some of the most common questions about contempt in Florida family law cases to help you gain clarity and prepare for the legal process ahead.
Contempt occurs when someone willfully disobeys a valid court order, such as refusing to pay child support, violating custody arrangements, or ignoring alimony obligations.
Yes. Because child support is considered a duty of support—not just a debt—courts may use incarceration to enforce compliance.
Civil contempt is meant to coerce compliance (e.g., paying overdue support), while criminal contempt punishes a violation to preserve the court’s authority.
Generally, no. Obligations tied strictly to property division or debts unrelated to support cannot be enforced through contempt.
Yes, if the fees are tied to enforcing child support, custody, or alimony obligations. Florida courts consider these essential to the best interests of the child and family.
You may defend against contempt by proving a legitimate inability to pay. However, this must be demonstrated with evidence of your financial situation.
Direct contempt occurs in the judge’s presence (e.g., insulting the court). Indirect contempt happens outside court, such as non-payment of child support.
Yes. Contempt is a serious matter with potential jail time. A family law attorney can present your case, protect your rights, and seek alternatives to incarceration.