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Divorce In Florida

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  • Residency Requirements and Grounds for Divorce

  • Dividing the Property

  • Alimony

  • Child Custody and Visitation

  • Child Support

    Residency Requirements and Grounds for Divorce

    Either you or your spouse must be a resident of Florida or a member of any armed force stationed in Florida to file for a divorce, called a "dissolution."

    Either spouse can get a divorce simply by stating in divorce papers that irreconcilable differences have caused a breakdown in the marriage. If both spouses are in agreement that there should be a divorce, they can agree in writing (called a "stipulation") that the marriage can be ended.

    If there is a minor child involved, or if one of the parties denies that the marriage is irretrievably broken, the court can order the parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi or other person, and continue counseling for not longer than three months.

    The legal divorce process begins when one of the spouses files a "Petition for Dissolution of Marriage" with the Family Department of the local Circuit Court. The other spouse is then served with the paperwork and given time to respond. If the parties are in agreement about property and debt division, as well as child custody and child support matters, the divorce can be finalized without a trial. If the parties can't come to an agreement, the court will set a time for a hearing, usually some time in the future.

    After the Petition for Dissolution has been filed, either party can request temporary assistance from the court in the form of temporary custody and child support orders, and orders to determine who pays community debts on a temporary basis.

    Dividing the Property

    In Florida, assets and debts acquired during your marriage - called "marital assets" - will be divided "equitably" when you divorce.

    But not all property is considered "marital assets":

    • For example, assets you had before you married may be considered "non-marital assets" if you kept that property separated from property acquired during the marriage.
    • The income produced by a separate property investment may also be non-marital property, as long as it hasn't been "commingled" - mixed together with marital property

    Judges will distribute the marital assets equally, unless there is justification for an unequal distribution based on all relevant factors, including:

    • The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker
    • The economic circumstances of the parties
    • The duration of the marriage
    • Any interruption of personal careers or educational opportunities of either party
    • The contribution of one spouse to the personal career or educational opportunity of the other spouse
    • 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
    • The income contribution of each spouseÃ??Ã? and the improvement of, or the incurring of liabilities to, marital assets and the nonmarital assets of the parties
    • The desirability of retaining the marital home as a residence for any dependent child of the marriage
    • Intentional wasting, depleting or destroying marital assets after filing of divorce or within two years prior to the filing of the divorce

    It's important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Florida divorce lawyer can save you a lot of time and money.

    Alimony

    A court can order alimony in Florida when it is "well-founded." A court will generally consider such factors as:

    • The standard of living established during the marriage
    • The duration of the marriage
    • The age and physical and emotional condition of each party
    • The financial resources of each party, including the nonmarital and marital assets and liability of each
    • The time necessary for either party to finish education or training to find appropriate employment
    • The contribution of each party to the marriage, including homemaking, child care, education and career building of the other party
    • All sources of income available to either party

    A court can order temporary alimony while the divorce is pending. Most maintenance is ordered for a specific length of time. Once ordered, alimony can be modified only upon a showing of a " change in circumstances."

    Child Custody and Visitation

    In Florida, the court will make child custody decisions based on what is in the "best interest" of the child if the parents can't come to an agreement. The court will order that parental responsibility be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. In that case, the court may order sole parental responsibility as will best protect the child.

    The court may give one parent ultimate responsibility over specific aspects of a child's welfare, such as primary residence, education, or medical and dental care. In deciding which parent should have primary residence, the court will consider:

    • Which parent is more likely to allow the child frequent and continuing contact with the nonresidential parent
    • The love ,affection and other emotional ties between the parents and the child
    • Each parent's ability to provide the child with food, clothing, medical care and other material needs
    • The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
    • The permanence of the existing or proposed custodial home
    • The moral fitness of the parents
    • The mental and physical health of the parents
    • The home ,school and community record of the child
    • The reference of the child, if the child is intelligent, understanding and experienced enough to express a preference
    • Evidence of domestic violence or child abuse

    After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. If a parent is denied court-ordered access to a child, he or she may bring the issue back before the court. The judge may decide to modify the visitation order, order makeup visitation for the time missed and order counseling or mediation.

    Child Support

    In Florida, child support is based on the combined income of the parents and how many children the parent is responsible for supporting. If necessary, a court can set aside a portion of joint or separate assets of the parties in a separate trust or fund for the support and education for the parties' children.

    A Florida child support order can be modified if there has been a change in circumstances. Examples of this would include:

    • A big increase or decrease in either parent's income
    • The child spending a lot more time with either parent
    • The child being several years older or having special financial needs such as schooling or medical expenses

    Related Web Links:
    - Florida Domestic Relation Statutes
    - Florida Child Support Worksheet
    - Florida Child Support Enforcement
    - Florida State Profile
    - Family Law: Selecting a Good Lawyer
    - Florida Family Law & Divorce message board for more help
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