The answer lives in this podcast
What are common legal misconceptions Garcia encounters, especially in the Hispanic community?
Florida family law contradicts what many people, particularly in the Hispanic community, believe to be true. Oxalis Garcia repeatedly encounters three major misconceptions: that spousal infidelity automatically determines custody or alimony outcomes (wrong—Florida is a no-fault state), that unmarried parents have no automatic custody rights (a law that changed in 2023), and that long-term cohabitation equals common law marriage (Florida abolished this decades ago).
These misunderstandings cost families time, money, and unnecessary conflict. People arrive at Garcia's office convinced their legal position is stronger or weaker than it actually is, based on outdated or incorrect interpretations of Florida law.
No-Fault Divorce and the Infidelity Myth
The most persistent misconception Garcia hears is that a spouse's affair directly dictates the custody of children or the amount of alimony paid. In Florida, a no-fault state, the court does not punish infidelity through custody or financial awards. As Garcia explains in the podcast, judges divide marital property equitably and determine custody based on the best interests of the child—not on moral conduct.
This distinction matters enormously. Parents who believe infidelity guarantees them custody often enter court unprepared for the actual legal standard, which centers on stability, relationship quality, and the child's needs.
Unmarried Parents and the 2023 Custody Law Change
Another major misconception Garcia addresses frequently is that unmarried parents have no automatic custody rights. Until 2023, this was closer to reality; however, Florida law shifted. Today, the legal framework for unmarried parents is significantly different, and many in the community remain unaware of their actual parental rights.
This gap in knowledge leaves unmarried mothers and fathers vulnerable to misunderstanding their standing in custody disputes, discussed in detail through this podcast episode where Garcia breaks down how the law now protects their interests.
Common Law Marriage: A Myth Long Dead in Florida
One of the oldest myths Garcia counters is that couples who live together for many years automatically enter into a common law marriage. Florida abolished common law marriage long ago, yet this belief persists strongly in the Hispanic community, where traditional family structures and cultural expectations around commitment sometimes blur legal reality.
Without a formal marriage license, no common law marriage exists in Florida, no matter how long the couple cohabits or how intertwined their finances become. As Garcia details in her podcast appearances, this misunderstanding leads people to believe they have spousal rights when, legally, they do not.
"I bring a multicultural and multi-jurisdictional perspective to the bench, which is something that I don't believe any other judge has at this moment in time in the Sixth Judicial Circuit."
Oxalis Garcia — Attorney and candidate for Pinellas County Circuit Judge Group 44. Garcia was born and raised in Puerto Rico and is licensed to practice law in Puerto Rico, Florida, and Maryland. With over 20 years of legal experience since obtaining her first bar license in 2006, she specializes in family law, particularly complex jurisdictional matters and international Hague child abduction cases. She merged her practice with law partner Michael Berry and has also served as a legal consultant on the reality TV show 90 Day Fiance.
Key takeaways
- Florida is a no-fault state—infidelity does not automatically determine custody or alimony awards, contrary to widespread belief in the Hispanic community.
- Florida law regarding unmarried parents changed significantly in 2023, expanding custody rights in ways many people still do not understand.
- Common law marriage does not exist in Florida, regardless of how long a couple has cohabited or how deeply their lives are intertwined.
- Misconceptions about these three areas of family law lead families into courtrooms unprepared and often with unrealistic expectations about their legal position.
See also
Why is Oxalis Garcia running for Pinellas County Circuit Judge Group 44?
Garcia says she is running because she has reached a stage in her career, after 20 years of practice, where it is time to start a new chapter and bring her multicultural and multi-jurisdictional perspective to the bench.
What has Oxalis Garcia learned while campaigning for circuit judge in Pinellas County?
One of the most striking things Garcia discovered is that many people are unaware they can vote for judges, and that most judicial elections are decided in primary elections rather than general elections.
How does Oxalis Garcia address questions about political affiliation during her judicial campaign?
Garcia explains that the circuit judge position is a nonpartisan role, meaning she is not allowed to affiliate with any political party and must remain neutral in her campaign messaging.