1.

Can I get a legal separation?

No. Florida does not have legal separation. However, you can file for support unconnected with a divorce under certain circumstances. Sometimes, however, your spouse will then respond with a divorce petition. Once either of you has filed for relief in court, a lawsuit has begun between you and your spouse.

2.

Does it matter who filed first or who wanted the divorce?

No. In determining the financial outcome of your divorce and where your children will live, the law does not take  into consideration who wanted the divorce or who filed first or even who stopped trying to make the marriage work.

3.

Will my spouse be forced to move out of the house or
if I move out of the house, is that “abandonment”?

If there has been no violence in your marriage, the court may allow both of you to live in the house while the divorce is pending. You are always free to move out, but it could be that the court will not let the children move out if custody of the children is being contested. You may not lock your spouse out of the house unless the court gives you the exclusive possession of the house.

There is no such thing as “abandonment” in Florida divorce law.

4.

Does the mother have to be unfit for the father to get custody?
At what age can my children choose where they want to live?

No. Florida law is gender blind when determining where thechildren will live. The children's age and gender is likewise irrelevant.

The children's preference is only one of many factors the court considers in determining where the children will live. Children, are, after all, children.

5.

Can we both use the same lawyer?

No. if there is only one attorney, one person is represented and the other person isn't. An attorney cannot represent both of you.

6.

What is mediation?

A process where you and your attorney and your spouse and their attorney meet with a neutral third person (usually another attorney or mental health professional or accountant) to try to settle your case. Most cases do settle short of trial. Nothing you or your spouse offers in mediation can be used against either one of you if you don't settle your case.

7.

How can I get my spouse to support me or pay the bills? Can my spouse be forced to send the children to college?

Once the lawsuit begins, you can petition the court for temporary support. Before the lawsuit has begun, there is no mechanism for forcing your spouse to provide support.

Since children become adults once the turn 18 or graduate from high school (even if they are up to 19 years old) neither you nor your spouse can be forced to support your children in any way including paying for college or post high school education.

8.

Will I get more because my spouse has committed adultery?

Maybe, but only if you can prove that your spouse spent a lot of marital money or assets on their "friend".

9.

How can I best financially prepare for a divorce?

Gather all of your financial records and keep them in a safe place. You might also want to cancel joint credit cards and lines of credit and split money in the bank in half.

10.

If my spouse wanted the divorce, will they have to pay the attorneys fees?

No. The court mostly considers how the financial resources are split between the two of you in determining who pays the attorneys fee.