There are few experiences that we are called upon to endure that are more difficult than completing the divorce process. Sometimes we find ourselves in its midst and must make the best of it. We're here to suggest you'll get through it. So, relax. Take a deep breath. If nothing else, we'll give you some answers and ease your anxiety. If you're having a tough time coping, perhaps you should view this page first.

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.

• Florida Family Laws
• Florida Child Support Enforcement Services
• Florida State Bar Association
• Florida Coalition Against Domestic Violence
• Florida Child Support Calculator
• Florida Conflict Resolution Program
• State Fact Sheets for Grandparents and Other Relatives Raising Children
  

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.

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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.

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For a FREE email series on "The 10 Worst Mistakes You Can Make In Your Divorce," go to www.HappilyDivorced.org

Visitation/Co-Parenting

The verbiage used in Florida's divorce laws as they 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.

Remember that you and your partner can agree to a visitation before the court steps in and decides for you.

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

For a FREE email series on "The 10 Worst Mistakes You Can Make In Your Divorce," go to www.HappilyDivorced.org

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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.

You may realize that we all need some help processing all this angst. The help can come in the form of friends, relatives or professionals. If you're not inclined to approach family or friends, and unwilling to pay for professional counseling, the next best step would be educating yourself, through reading. This site has a Bookstore sponsored by Amazon.com where you can find some fabulous books on just about every consideration surrounding divorce. Spend some time and a few bucks to help yourself get through this nightmare in one piece.

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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 enter 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.

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.

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Marriage Counseling/
Mediation

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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.

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Waiting Period

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.

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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.

State Fact Sheets for Grandparents and Other Relatives Raising Children

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Divorce Settlement

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.

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Residency Requirements

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.

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