Florida divorce laws
Child
Support
 Florida
divorce laws allow for the court (or
in legalese, the "trier of
fact") to order 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.
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 Myth: Following divorce, the woman’s standard of living plummets by seventy three percent while that of the man’s improves by forty two percent. Reality: This dramatic inequity, one of the most widely publicized statistics from the social sciences, was later found to be based on a faulty calculation. A reanalysis of the data determined that the woman’s loss was twenty seven percent while the man’s gain was ten percent. Irrespective of the magnitude of the differences, the gender gap is real and seems not to have narrowed much in recent decades. |
Are you in need of help establishing a child support order? If so, all the information you will need can be found here. You may contact them by phone, in person, or download the child support application here. The Child Support Enforcement Program will assist in proving paternity, getting child support orders, enforcing child support orders and changing child support orders.
Residency 
Have you or the soon-to-be ex lived in Florida
for at least six months? 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.
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.
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.
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.
| Divorce Myth: Because people learn from their bad experiences, second marriages tend to be more successful than first marriages. Reality: Although many people who divorce have successful subsequent marriages, the divorce rate of remarriages is in fact higher than that of first marriages. |
Mediation
In cases where parental responsibility, primary
residence, visitation or support of a child
are contested, mediation or 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.
Alimony
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. 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.
| Divorce Myth: Having a child together will help a couple to improve their marital satisfaction and prevent a divorce. Reality: Many studies have shown that the most stressful time in a marriage is after the first child is born. Couples who have a child together have a slightly decreased risk of divorce compared to couples without children, but the decreased risk is far less than it used to be when parents with marital problems were more likely to stay together “for the sake of the children”. |
Grandparents
Rights
Grandparents may petition the court for visitation
rights during the divorce proceedings, or
after they have concluded. The court will
consider visitation by grandparents if it
is determined to be in the best interest
of the child. Courts will consider the following: 1.) which
party is more likely to allow frequent and
continuing contact with the other party;
2.) love, affection and other emotional ties existing
between the child and each party; 3.) each party’s
capacity and disposition to provide food,
clothing, medical care or other material
needs of the child; 4.) length of time the child has
been 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.) moral fitness of the
parties; 7.) mental and physical health of the parties; 8.) child’s
home, school and community record; 9.) preference of
the child, if of sufficient intelligence,
understanding and experience; and 10.) any other relevant
factor.
Dividing Assets
 Florida
is considered an "equitable
distribution"
state with respect to the distribution of marital assets and
liabilities. 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?
Concerned about the equity in that house that you brought into the marriage?
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.
|
