Florida divorce law synopsis | Good Divorce Lawyers
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations is the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Florida divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
Although a divorce case in Florida could theoretically be finalized within a month, a contested case usually lasts from six months to over a year. Almost all divorce-related cases are heard by a judge, not a jury. Divorce judges do not want excessive emotion brought into their courtrooms. A seasoned divorce attorney will coach his/her client to be calm in the artificial environment known as a courtroom. Judicial impressions are significant. The manner which a client presents himself/herself in court while testifying and while not testifying can be very important. Many cases are heard in a judge’s chambers (offices), except for trials and hearings involving many witnesses.
In Florida, those who wish to file a Petition for Dissolution of Marriage in the Florida Circuit Court must have lived in the state 6 months before the filing date.
Florida Grounds for Divorce
Florida has abolished any form of fault on the part of one or both parties in a divorce. As a no-fault state, the only two grounds for divorce are:
- A marriage that is irretrievably broken
- The mental incapacity of one of the partners
Uncontested Divorce in Florida
Uncontested divorces may take one of two paths, a simplified course or a regular course. Those who choose to pursue a simplified divorce must agree about all elements of division of assets and liabilities. In addition, they must agree to:
- Waive all rights to alimony
- Forego any right of a trial or appeal
- Attend a short court hearing to finalize the paperwork and decree
For those who do not wish to participate in the divorce proceedings, but do not wish to contest them, they can either sign the divorce papers in an uncontested divorce, or ignore the papers and give their spouse a divorce by default.
Contested Divorce in Florida
If the negotiations between the partners fail, or the initial response from the respondent party is to contest the divorce, the parties will need to retain lawyers and either attempt to negotiate a settlement with the help of these unbiased legal consultants, or take the case to court for a judge’s ruling.
Annulment in Florida
In order to have a marriage legally decreed as void, it must be proved that one or more of the following grounds exist:
- Underage marriage, by someone under 18 years of age without parental consent
- Marriage while under the influence of drugs or alcohol
- Physical disability which restricts the sexual life of the marriage
- Fraud or duress
- Mental incapacity, either partial or total
No Fault Divorce in Florida
Florida is a no-fault divorce state, which means that no one can base a divorce petition on the other party’s fault.
Florida Fault Divorce
Florida is a no-fault divorce state; therefore, fault-based divorce does not exist in the state.
Florida Divorce and Child Custody
Child Custody Laws
All decisions pertaining to the custody of a child of divorce are to be based on the best interests of the child. Even if the child is not present in the state at the time of the custody decision, and it is possible that the child was removed from the jurisdiction to avoid observing the custody decision of the court, the court will determine custody based on the Uniform Child Custody Jurisdiction and Enforcement Act:
- Ensuring that both parents have ongoing, frequent contact with the child
- Encouraging both parents to share in parenting obligations and responsibilities
- Giving both parents the same consideration in their decision, regardless of gender
Child Alimony
In Florida, child support is based on the Income Share Model and generally calculated using a Child Support Worksheet, with the goal of providing an equitable amount of support from both parents. The factors courts use to determine child support include:
- Excessive medical, educational, or psychological needs of the child
- Any finances the child may possess
- The income of a custodial parent receiving both child and spousal support
- Variations in income due to seasonal influences
- The child’s age
- Any family special needs
- Any prior parental arrangements
- The total assets of parents and child
- The tax implications for the custodial parent
- Other pertinent influences
Florida Divorce Spousal Support
Spousal support can influence, or be influenced by, the disposition of property in the divorce settlement. Support is often determined in court by a judge if a couple cannot agree on the elements of their divorce settlement. Support is often determined by the economic need and abilities of the parties involved, and it is determined on a case-by-case basis.
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Florida
Spouses in the military are protected by Florida law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From A Florida Divorce Lawyer?
While Florida is a no-fault divorce state, many couples have difficulties agreeing on the vital elements of their divorce settlement. In some cases, that is because there are many complex elements to consider. In others, it is because the couples need an unbiased legal advisor that can help them come to an equitable agreement within the boundaries of Florida law. Divorce attorneys who have a good track record of successful settlements can provide the kind of advice couples facing a contested divorce need.
Copyright Notice: The above abbreviated synopsis of Florida state divorce laws is original material which is wholly owned and copyrighted by “Good Divorce Lawyers” a division of MNW Diversified, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited.