DIVORCE LAW FORUM

     

       

 

 

 

 

 

 

 

 

 

 

 

 

 

FLORIDA DIVORCE LAW

Here you will find Florida specific divorce information, grounds, divorce law statutes, articles on Divorce law, state laws, child custody, child support, spousal support, visitation, legal separation, dissolution and links to free divorce forms, divorce records, divorce papers, divorce lawyers, divorce attorneys and support calculators.

 

RESIDENCY REQUIREMENTS AND PROPER COURT TO FILE:

In Florida, one of the parties to the marriage must reside for at least 6 months in the state before the filing of the petition in order to obtain a dissolution of marriage. The proceeding must be commenced by filing in the circuit court where either party resides. After filing at least 20 days must have elapsed from the date of filing the original petition for dissolution of marriage before a final judgment of dissolution of marriage may be entered; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution at an earlier date.

[See Florida Statutes 61.021, 61.043, and 61.19]

GROUNDS FOR DIVORCE:

A dissolution of marriage in Florida may be granted based on the following grounds:

1)      The marriage is irretrievably broken.

2)      Mental incapacity of one of the spouses for a preceding period of at least 3 years.

[See Florida Statutes 61.052]

SEPARATION:

In Florida there are no procedures set up to deal specifically with legal separation, but there are some provisions concerning spousal and child support, custody, and visitation.

Unless appropriate relief is available through another pending civil action or proceeding, a spouse residing in Florida separate from his or her spouse and minor child, regardless of fault, may obtain an order obligating maintenance to the spouse and minor child, if any. A court will order his or her financial obligations to the spouse and child, establish the child's primary residence, and determine the custody and visitation rights of the parties. No other proceeding, by either party, under this chapter, is precluded based on such an action.

[See Florida Statutes 61.10]

FILING SPOUSE:

Plaintiff. The Plaintiff is the spouse who initially files for divorce in the family law or domestic relations court. 

NON-FILING SPOUSE:

Defendant. The Defendant is non-filing spouse who receives the paperwork by service.

PROPERTY DISTRIBUTION:

In Florida, property is split up based on the theory of equitable division. This means that the martial assets are divided on an equitable basis.  This process begins with the premise that the property should be equally divided, unless there is some justification for an unequal distribution based on all relevant factors, including the following:

1)      The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

2)      The economic circumstances of the parties.

3)      The duration of the marriage.

4)      Any interruption of personal careers or educational opportunities of either party.

5)      The contribution of one spouse to the personal career or educational opportunity of the other spouse.

6)      The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

7)      The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the non-marital assets of the parties.

8)      The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction.

9)      The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

10)  Any other factors necessary to do equity and justice between the parties.

[See Florida Statutes 61.075]

 

ALIMONY/SPOUSAL SUPPORT:

The court may grant alimony to either party.  The award of alimony may be rehabilitative or permanent in nature. When alimony is awarded, the court may order periodic payments or payments in lump sum, or both. A court may consider the adultery of either spouse when determining an award of alimony.  Further, the circumstances of any adultery will be factored into determining the amount of alimony if there is any. In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to the following:

1)      The standard of living established during the marriage.

2)      The duration of the marriage.

3)      The age and the physical and emotional condition of each party.

4)      The financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each.

5)      When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

6)      The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

7)      All sources of income available to either party.

[Based on Florida Statutes 61.08]

MEDIATION OR COUNSELING REQUIREMENTS:

In Florida, when issues of parental responsibility, primary residence, visitation, or support of a child are being contested, a court may, but does not have to, refer the parties to mediation. If an agreement is reached, a consent judgment order incorporating the agreement shall be prepared by the mediator.  Once approved by the parties, the consent judgment order shall be reviewed by the court and, if approved, entered. Once entered by the court, the order may be enforced in the same manner as any other court order.

[See Florida Statutes 61.183]

CHILD CUSTODY:

In Florida, a court shall determine all custody matters for each minor child of the parties according to the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act.   The court shall consider all relevant factors.  The father of the child shall be given the same consideration as the mother in determining the primary residence of a child irrespective of the age or sex of the child. A court will then order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would not be in the best interest of the minor child.

An order of "sole parental responsibility, with or without visitation rights, shall be granted to the other parent when it is in the best interests of" the minor child.

When a court finds that shared parental responsibility is in the best interest of the child, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those responsibilities between the parties based on the best interests of the child. The court may also make an order that custody shall rotate between the parties if the court finds that this kind of custody will be in the best interest of the child. When determining shared parental responsibility and primary residence, the best interests of the child shall include an evaluation of all of the following factors including, but not limited to:

 

1)      The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.

2)      The love, affection, and other emotional ties existing between the parents and the child.

3)      The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.

4)      The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

5)      The permanence, as a family unit, of the existing or proposed custodial home.

6)      The moral fitness of the parents.

7)      The mental and physical health of the parents.

8)      The home, school, and community record of the child.

9)      The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

10)  The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

11)  Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding pursuant to s. 741.30.

12)  Evidence of domestic violence or child abuse.

13)  Any other fact considered by the court to be relevant.

[See Florida Statutes 61.121 and 61.113]

 

CHILD SUPPORT:

In Florida, a court may, at any time, order either or both parents who owe a duty of support to a child to pay support in according to the state guidelines The court initially ordering one or both parents to make child support payments will continue to have jurisdiction after the entry of the initial order to modify the amount and terms or conditions of the child support payments.  When the modification is found necessary by the court based on the best interests of the child, the child reaches majority, or when there is a substantial change in the circumstances of the parties the court that entered the initial order shall have jurisdiction. When coverage is reasonably available, an order for support shall contain a provision for health care coverage for the minor child. To the extent necessary to protect an award of child support, the court may order the obligor to purchase or maintain a life insurance policy or a bond, or to otherwise secure the child support award with any other assets which may be suitable for that purpose.

[See Florida Statutes 61.13]

 

 

 

 

 

Disclaimer

This site is not meant to provide legal representation or to be relied on in place of an attorney. We recommend that anyone serious about going forward with a Divorce or Child Custody claim seek the advice and counsel of a qualified attorney in their respective state.

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