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Florida divorce laws

Child Support

Florida divorce laws allow for the court (or in legalese, the "trier of fact") to order child support or financial support be paid at any time during a divorce proceeding, and/or subsequent to any dissolution. Such orders can be by state guideline, or can vary by as much as five percent from Florida divorce statutes. The guidelines are based on a mathematical formula.

Florida divorce statutes provide that in cases where a marriage annulment or marital annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive.In modification requests, Florida divorce laws allow the the court to consider an application if the request is at least fifteen percent (or $50.00) different than what currently exists.

The court will determine monthly income using the following criteria: 1.) salary and wages, including bonuses, commissions, tips, etc., 2.) business income e.g. self-employment, partnerships and the like, 3.) disability benefits, 4.) worker's compensation, 5.) unemployment compensation, 6.) pensions, retirement income, etc., 7.) social security benefits, 8.) spousal or child support from a previous marriage, 9.) interest and dividends, 10.) rental income, 11.) royalties, trusts and estate accounts, 12.) reimbursed expenses, 13.) property gains in certain circumstances.

Income on a monthly basis will be imputed (estimated and assigned) to those persons unemployed or underemployed absent any physical or mental incapacity. (It's not unheard of for a spouse to quit one job to take a lower paying job in an effort to reduce pending child support determinations). Courts examine these issues and attempt to negate any intentional under-employment or unemployment.

Any income received from public assistance is excluded from gross income computations. Certain deductions from gross income amounts used to determine child support are allowed. Two common deductions are child support or alimony paid to those from a previous marriage. Child support awards can also be reduced based on extraordinary medical, psychological, educational, or dental expenses.

Divorce Settlement

According to Florida divorce laws, there will be a divorce settlement of your marital assets between you and your spouse and be in agreement form, or the court will impose its version of a divorce agreement based on the principle of "equitable distribution". Equitable distribution means dividing assets and liabilities equitably but not necessarily evenly. Florida courts will set apart non marital assets and liabilities before they begin the process of dividing the marital assets. Courts may consider the following in that process: 1.) The contribution to the marriage by each spouse, 2.) The economic circumstances of the parties, 3.) The length 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, intact and free from any claim or interference by the other party, 7.) The contribution of each spouse to the enhancement of income or the improvement of, or the incurring of liabilities to marital assets and non marital assets, 8.) The desirability of retaining the marital home, 9.) The intentional waste or depletion of marital assets and 10.) Any other factors necessary to do equity and justice between the parties.

Did you come into this marriage owning a house? Spouse trying to include the home in the divorce settlement? Concerned about the equity in that house that you brought into the marriage? Worried about property that you brought into the marriage that may now become part of a divorce settlement? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.

Child Custody    

Rotating child custody: The court may order rotating child custody if the court finds that rotating custody will be in the best interest of the child. In a divorce proceeding ( dissolution of marriage ), the court may at any time order either or both parents who owe a duty of support to a child to pay child support in accordance with the guidelines. The court will order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. Child custody will be determined in accordance with the "best interests of the child". The court will order "sole parental responsibility, with or without visitation rights, to the other parent when it is in the best interests of" the minor child.

Legal Separation
Marital Separation

Florida divorce laws do not directly recognize legal separations as most other states do. One may petition the court to have the other partner maintain the spouse and minor child financially. This petition for support presumes there has been a separation of sorts. The court will specify who pays and how much they pay to support the children of the union as well as any dependent partner.

Visitation

The verbiage used in Florida's divorce laws as the pertain to visitation are vague, causing more problems than they solve. The term "reasonable visitation" doesn't help anyone. Standard visitation in Florida is for the custodial parent to have the child from Friday evening to Sunday evening on alternating weekends, one or two nights during the week for dinner or an activity, alternating holidays (or years), and a liberal summertime visit (30 days or more). Remember that you and your partner can agree to a visitation before the court steps in and decides for you.

Marriage counseling
Mediation          

In cases where parental responsibility, primary residence, visitation or support of a child are contested, mediation or marriage counseling can be ordered. Fees incurred for mediation or counseling are borne by both parties, but can be, in certain circumstances, assessed against the non-prevailing party in the disputes.

Marriage Annulment
Marital Annulment

The marriage annulment in Florida is much like it is elsewhere. You need to have grounds and be able to substantiate your grounds for annulment. Accepted by Florida are grounds for marital annulment such as: misrepresentation or fraud, concealment (hiding something substantial from the spouse), consanguinity, or a significant misunderstanding. You may petition for an annulment at any time, but the longer you wait from the time you became aware of the grounds, the more difficult the annulment process can be.

Grounds for Divorce

Florida divorce laws mandate that the court will not issue a judgment of dissolution (divorce) unless one of the following is found present: 1.) The marriage is irretrievably broken. 2.) Mental incapacity of one of the parties. Marital infidelity such as adultery does not enetr the legal process

The court will grant a divorce to the petitioner in a child-less marriage when the petitioner claims the marriage is irretrievably broken and the respondent does not deny this claim in a response. In petitions where there is offspring, or when the responding party denies the demise of the marriage, the court may order the parties to consult with counseling professionals, and may continue the proceedings for up to three months to allow an opportunity for reconciliation.

The court has latitude to issue orders pertaining to support, alimony, property, custody, visitation and any matter relevant to the best interests of all parties.

Alimony
Maintenance
Spousal Support

Petitioners for divorce can claim alimony in the petition or by motion, and if the petition is well founded, can be awarded a reasonable sum of alimony. Alimony may also be referred to as spousal support or maintenance. Depending upon the merits of the case, the court can award alimony that falls outside the state guidelines provided the court finds factual justification for that order. Alimony is not automatically ordered for marriages of ten years or more, nor is it automatically denied in marriages of less than ten years. The facts of the case should determine the ruling.

Waiting Period      

Typically a minimum of 20 day waiting period from the filing date must pass before the court will issue a final judgment for divorce. This seemingly quick resolution occurs when couples are in complete agreement, have no children and little or no assets. However, in unusual circumstances, the court has the ability to dissolve a marriage in less than 20 days from the date of filing.

Grandparents Rights

Federal law and Florida divorce laws confer the right of grandparents to petition the court for visitation rights during the divorce proceedings, or after they have concluded. If the court believes it is in the best interest of the child, it will be granted.

Residency

Have you or the soon-to-be ex lived in Florida for at least six months? Divorce laws require that you'll need to prove residency (6 months) before the petition can move forward. Bank account statements, pay stubs or utility bills (among other ways) can provide that proof.

*subject to certain restrictions