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Divorce
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a Family Lawyer? Click Here
 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.
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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
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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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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.
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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
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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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If after reading this entire
page, you still have questions about divorce issues,
we suggest you buy, through Amazon.com The
Florida Divorce Handbook 5th edition by Gerald
Keane. This publication, priced at less than $15.00,
represents a comprehensive source of legal information
and practical advice. It's likely all your questions
will be answered. See the Amazon image directly
below or to the left, and click on it. Mr. Keane
practices law in Sarasota, Florida.
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.
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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
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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.
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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
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.
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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
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.
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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.
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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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