Frequently Asked Questions
Family law, criminal defense law, and injury law raise a lot of questions, often at a stressful time. Below are answers to the questions our clients ask us the most. Every situation is different, so the best way to get answers about your case is to schedule a confidential consultation.
Working With Our Firm
We have offices in Lakeland and Orlando, Florida, and we also serve clients in Broward County and Miami. You can reach us at 863-777-2027 (Lakeland), 954-315-3620 (Broward) or 305-379-6000 (Miami).
Board Certification is the highest level of evaluation by The Florida Bar of a lawyer's competence and experience in a specific area of law. Anthony Meehan Genova, Esq., B.C.S., is Board Certified in Marital and Family Law. Anthony J. Caggiano, Esq., B.C.S., Of Counsel, is Board Certified in Civil Trial Law.
No. Contacting us through the website does not create an attorney-client relationship. Please do not send confidential or time-sensitive information through the form. An attorney-client relationship begins as soon as we discuss the specifics of a case, regardless of payment or signing a contract.
Clients can pay securely online through the "Pay Securely Here" links on our website. Use the Operating link for attorney legal fees and the Trust link for client court costs and fees, or contact our office for other options.
Divorce
No. Florida is a no-fault divorce state. A court only needs to find that the marriage is irretrievably broken. In limited cases, a divorce may also be granted based on a spouse's mental incapacity.
Yes. At least one spouse must have lived in Florida for six months before filing for divorce.
It depends on whether the spouses agree. An uncontested divorce can move in a matter of weeks or a few months. A contested divorce involving children, property or support can take much longer, especially if it goes to trial.
Not always. Most Florida family courts require mediation before trial, and many cases settle there. Mr. Genova is also a Florida Supreme Court Certified Family Law Mediator. Still, we prepare for every case as if it will go to trial, so you are ready either way.
Florida follows equitable distribution. Marital assets and debts are divided fairly, which usually means equally unless there is a legal reason to divide them otherwise. Property owned before the marriage is generally considered separate, though there are exceptions.
No. Florida eliminated permanent alimony for cases filed on or after July 1, 2023. Courts may still award temporary, bridge-the-gap, rehabilitative or durational alimony depending on the circumstances.
Children, Time-Sharing and Support
Florida no longer uses the terms "custody" or "visitation." Courts decide parental responsibility (who makes major decisions for the child) and time-sharing (which establishes when the child spends time with each parent), set out in a parenting plan.
Florida law presumes that equal time-sharing is in the child's best interests. A parent can overcome that presumption with evidence that a different schedule is better for the child.
Florida uses statutory guidelines based on both parents' incomes, the number of overnights each parent has, and costs like health insurance and child care. A judge can adjust the amount in certain circumstances.
In Florida, relocating more than 50 miles from your current home for at least 60 consecutive days requires either written agreement from the other parent or court approval. Moving without following this process can seriously hurt your case.
Yes. Parenting plans and support orders can be modified when there has been a substantial change in circumstances, such as a job loss, relocation or a change in the child's needs.
Criminal Defense
You have the right to remain silent and the right to an attorney. It is generally wise to speak with a criminal defense lawyer before answering questions from law enforcement.
Yes. The firm represents clients in Florida state courts and in federal court, including the U.S. District Court for the Southern District of Florida.
Accident and Medical Malpractice
For most negligence claims arising on or after March 24, 2023, Florida's deadline is two years. Medical malpractice claims have their own deadlines and pre-suit requirements. Because missing a deadline can end your case, contact an attorney as soon as possible.
Florida uses modified comparative negligence. If you are found more than 50% at fault, you generally cannot recover damages. If you are 50% or less at fault, your recovery is reduced by your share of fault.
Still Have Questions?
Call 863-777-2027 or fill out our contact form to schedule a confidential consultation.
The information on this page is general and is not legal advice. Laws change, and every case is different.
