More Than3 Decades of Collective Experience

Divorce and Family Law FAQ

Answers from Our Melbourne, FL Divorce Attorneys

Navigating a divorce or family law case – especially for the first time – can be extremely overwhelming. With familial relationships and your financial future at stake, it is understandable to be anxious about moving forward. That is why our Melbourne, FL divorce attorneys have provided helpful answers to some of the most frequently asked family law questions. We hope this FAQ will serve as a valuable resource in your time of need.

Still have questions after reading our FAQ? Don’t hesitate to contact the Figueroa Law Group, P.A. at (321) 248-1011.

How long does a divorce take?

The process depends on whether the parties are willing to come to an agreement on their issues. In the situation of a settlement, the case can take as little as a few weeks to a few months. If the parties elect to actively litigate their case, the process can take anywhere from six months to two years on average.

How much will the attorney's fees cost?

Our attorneys will analyze the specific issues in your case to determine the time and services required. Good communication and cooperation with your attorney can help minimize the fees and costs. In some cases, attorney’s fees may be awarded on a temporary basis or at the end of the case where the other party has a greater ability to pay.

What is considered marital property vs. non-marital property?

Marital property refers to assets that belongs to “the marriage” and are to be divided between the spouses in a divorce, including the passive appreciation in value of property such as real estate. Non-marital property refers to personal assets that are acquired by a spouse before the marriage, acquired by a spouse as a gift or inheritance from someone who is not their spouse, or an asset that is excluded from the marriage based on a written agreement between the spouses. Unless it was used by the spouses as a marital asset, income derived from non-marital assets during the marriage is also considered non-marital property.

What is a QDRO?

A Qualified Domestic Relations Order (QDRO) refers to an order of the court for the division of pensions, savings plans, 401(k)s, or other retirement accounts. QDROs can be complex to prepare and involve crafting careful language to protect the division of the asset. Some companies may pre-approve the Order and some will determine approval after the judge signs the Order. This process may take several months.

Who gets custody of the children in a divorce?

In Florida, custody is treated as a time-sharing arrangement with the parents having shared parental responsibility in most cases. The details of the time-sharing arrangement are set out in a parenting plan. In some cases, one parent may be designated as the majority time-sharing parent.

How is child support determined?

Child support is based on various factors including but not limited to each parent’s income, allowable deductions, and the percentage of overnight time-sharing.

When can I stop paying child support in Florida?

Unless there are special circumstances involved (e.g. the child is physically or mentally challenged), child support in Florida stops at the age of majority (18 years old). However, if the parties agree, or if ordered by the court, payments may continue up until the child graduates from high school, if the expected graduation date is prior to turning 19, whichever is sooner.

Client Testimonials 

Providing Support for Our Clients In Their Time of Need
  • Prospective Client

    We called in desperation and hung up with satisfaction.

  • Client

    You protected us from the harm false accusations would have brought our family.

  • Britney D.

    I got the most professional treatment!

  • Former Client

    Attorney Figueroa has carefully selected staff that enjoy their jobs. It comes across in the way they have treated me and all those that are a part of my dissolution of marriage.

  • Former Client

    I was in a battle for my children with an ex-husband with a bottomless wallet & the best attorney in his town. Well, I got the best attorney in my town with Diana. She listened, referenced law books, looked over all the documents I took to her.

  • Joseph M.

    I met Diana Figueroa approximately a year and 1/2 ago when we both joined a national group of like-minded attorneys. During that time I had the opportunity to meet with Diana on a regular basis.

  • Haley S.

    I cannot express how thankful I am.

  • Greg B.

    She is the number one attorney.

  • Dayne S.

    I would recommend to anyone having issues.

  • Sharletta H.

    The attorneys and entire staff are professional and very nice.

  • Mary

    A professional who will champion your case

  • Dawn

    Professionalism, knowledge, detail oriented and care to areas of concern are the qualities why I chose Diana Figueroa Law Firm.

  • Kyle S.

    Thank you from the bottom of my heart, Figueroa Law Group!

  • John W.

    Others don't come close to the service received at Figueroa Law Group

  • Mike

    They know what they are doing.

  • Makhisza A.

    Her heart is gold.

  • Luis

    Well-trained and knowledgeable group of professionals.

  • Satisfied Client

    I couldn't be any happier with the outcome.

  • Satisfied Client

    I won more than the custody we asked for.

  • Dwight

    You cannot ask for more dedication!

  • Juan

    Made me feel like family.

  • Alejandro

    Treated like family, not just another case!!

  • Greg

    They were very accommodating.

  • Satisfied Client

    They worked day and night and left no stone unturned.

  • Larry

    My situation was in good hands.

  • Maira V.

    They were my angels in my time of need.

  • Boat S.

    If you want it done right, these are the guys.

  • Crummey P.

    All of the lawyers, paralegals and clerks are very friendly and courteous and do their jobs very well!

  • Amanda T.

    The best law group I have ever experienced.

What Sets Us Apart?

  • Personalized Service

    No two cases are the same; our approach is personalized to tailor-fit your needs and your specific goals.

  • Experience

    Our attorneys have 36 years of combined experience in the family law field.

  • Results Driven

    Our mission is your success; we work tirelessly to secure positive results. 

  • Collaborative

    Communication is key and we will keep you informed throughout the entire process.

  • Accessible

    We understand what you're going through; our team is extremely responsive and accessible.

  • Preparation

    Extensive preparation is part of a successful outcome; our clients will always be well prepared whether settlement or court proceeding.

Effective Legal Representation

We will stand by your side to provide results-driven and compassionate representation.