What Are the Differences Between Paternity and Divorce

Hi, this is Alex Peterson of Peterson Family Law and today we're answering the question "What is the difference between a paternity action and a divorce in Florida?" and the simple answer in one word is marriage. If you were never married and you have a child with someone, you're most likely in a paternity case because you haven't had a parenting plan established, you haven't determine what used to be called custody. If you were married and now you have a child with that person you and your spouse are going through a divorce. So the big difference is were you ever married. The differences between the two are no one has to talk about property disputes in a paternity action, whereas in a divorce because you are married the things that you accumulated during the marriage, the issues of alimony and/or spousal support, equitable distribution, those types of things come into play because property has been mixed in both of your names. In a paternity action those issues aren't contemplated, it's just child support and who's going to take care of the child, when, where and how. I hope that helps clear the air on what the difference is between a Florida paternity case and a Florida dissolution of marriage. Thanks very much.