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Florida Divorce Recovery

divorce decreeGoing through a divorce in Florida is a trying experience. We liken it to driving from Panama City to Key West...in a 1974 Yugo, with a flat tire [it is a 747 mile drive, by the way]. If your case is a simple one (few if any assets and no kids), doing the divorce yourself is fairly easy. However, having significant assets and/or kids usually complicates the process, involves lots of disagreement, and ordinarily calls for lawyers to unravel the mess.

You will need to become familiar with certain details of Florida divorce law in order to successfully navigate the treacherous waters of becoming single again.

 

 

 

 

  • Alimony
  • Legal Custody
  • Annulment
  • Child Support
  • DIY Divorce
  • Separation
  • Settlement
  • Visitation
  • Grounds
  • Residency
  • Mediation
  • Grandparents
  • Waiting Period
  • Parenting Classes

healing from divorceAlimony - Spousal Support - Maintenance

Those filing for divorce in Florida 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 in your state. Depending upon the merits of the case, the court can award alimony that falls outside the state guidelines but within state law, provided the court finds factual justification for that order. There is no specific formula for determining alimony in Florida. The court rules on alimony petitions based on the facts of each case. In marriages of less than seven years (which the legal system considers a short duration marriage), alimony is generally not ordered. In long term marriages (fourteen years or more) alimony is frequently ordered. If the duration of your marriage falls is between seven and fourteen years, alimony may or may not be ordered. The facts of the case will determine the ruling.

Guidelines the court will use to determine alimony include:

The standard of living established during the marriage,

The duration of the marriage,

The age and the physical and emotional condition of each party,

The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each,

When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment,

The contribution of each party to the marriage, including but not limited to, services rendered in  homemaking, child care, education, and career building of the other party,

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All sources of income available to either party.

.There are three types of alimony:

Permanent Alimony - Although called permanent, it can be subject to modification, meaning it can be increased, decreased or terminated. Changing the terms of this type of alimony requires that a substantial, permanent involuntary change of circumstances has occurred that would justify a change.

Rehabilitative Alimony - Intended to provide support and the costs of education and training to a spouse who is capable of becoming economically rehabilitated to become self-supporting. This type of alimony is most often granted with specific time parameters e.g. for four years while the spouse attends college. Rehabilitative alimony is not typically awarded to spouses who have not lost the ability for self support as a result of the marriage, and is able to re-enter the job market at approximately in the same condition the spouse was in prior to the marriage.

Lump Sum Alimony
- A specified amount that is paid all at once, or over a specific period of time. Typically this type has similar characteristics of a property settlement. Lump sum awards are not subject to modification if the conditions of either spouse change in the future.

[Based on Florida Statutes 61.08]

Smart Legal FormsChild Custody

The courts show preference for shared parental responsibility (joint legal custody) based on state child custody laws. After examining all relevant facts, the father of your child will be given the same consideration as the mother in determining the primary residence of a child, irrespective of the age or sex of the child. Sole parental responsibility is an order that designates only one parent as the decision-maker on all important issues in the child's life. During the divorce process, you will have an opportunity to agree to a Florida Parenting Plan with your spouse, which will include a Visitation Schedule. Should conditions prevent agreement between you two, the Family Court will impose its own plan (and the odds are one of you will be disappointed).custody strategies

When awarding child custody, the family court will consider all factors affecting the welfare and interests of your child, including but not limited to:

bullet pointThe permanence, as a family unit, of the existing or proposed custodial home,

bullet pointThe moral fitness of the parents,

bullet pointThe mental and physical health of the parents,

bullet pointThe home, school, and community record of your child,

bullet pointThe parent more likely to allow your child frequent contact with the non-custodial parent,

bullet pointThe love, affection, and other emotional ties existing between you parents and your child,

bullet pointThe capacity of each parent to provide your child with food, clothing, and other material needs,

bullet pointThe length of time your child has lived in a stable, satisfactory environment,

bullet pointThe reasonable preference of your child as to custody,

bullet pointThe willingness of each parent to encourage a close relationship between your child and the other parent,

bullet pointEvidence a party has provided knowingly false information to the court regarding a domestic violence proceeding,

bullet pointEvidence of domestic violence or child abuse,

bullet pointAny other fact not specifically expressed in these laws that the court considers to be relevant.

Florida courts require that you submit a specific form that represents your Florida Parenting Agreement. You can download it and submit it with your other filings that will petition the court for dissolution (divorce). We strongly suggest you incorporate this document into the on-line Parenting Plan described above. Having it all on-line allows for the many and varied changes you’ll make as the children’s activities change and get more complicated.

Concerned about custody and visitation battles in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced. Adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

 

 

 

 

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 FL 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 laws in Florida mandate that all parenting decisions be made 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.

    Worried about the prospect of custody battles in your future? Want to know how to win a child custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

Access to records and information of your child Access to records and information pertaining to child including medical, dental, and school records, may not be denied to either parent.

Moving the child away from the non-custodial parent

The parent wishing to seek relocation of the child must: file a petition to relocate and serve it upon the other parent. It must be signed and sworn under oath, a description of the location of the intended new residence, including the address, city and state, the mailing address, if different, the home phone number of the location, if known the day of the proposed move, a statement of the specific reasons for the proposed relocation, a proposal for the post relocation schedule for access, which must include a proposal for transportation arrangements in the relocated location.

A response by the parent who has been served notice that the custodial parent wishes to relocate must occur within 20 days after having been served with that petition. Should the response be late (returned 21 days or more after service), the court can grant the relocation without any further hearings.

Relocation means any move at least 50 miles from the existing primary home of the child and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.

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To relocate your child you must use the Instructions for Florida Approved Family Law Form 12.950(a), Agreement for Relocation With Minor Children (09/10)

Read from the Florida relocation statute.

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[Based on Florida Statutes 61.121, 61.113, 61.13001]

frustrationMarriage 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. Florida code lists grounds for marital annulment as:

  1. misrepresentation or fraud,
  2. concealment (hiding something substantial from the spouse),
  3. consanguinity (marrying a close bood relative, or,
  4. a significant misunderstanding.

Concerned about custody and visitation battles in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced. Adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

 

 

 

 


You may petition for an annulment at any time, but the longer you wait from the time you became aware of the situation, the more difficult the annulment process can be.

[Based on Florida Statutes 61.131]

child supportChild Support

Florida child support amounts are determined by the financial details of each parent and the use of a mathematical formula.

State divorce laws allow divorcing parents the opportunity to submit a Florida Parenting Plan and Child Visitation Schedule with the filing or during the process. If they are unsuccessful in agreeing to a co-parenting schedule, the court will impose its own schedule. We find that when the court imposes its own plan, one or both parents are unhappy with the allocation of parenting time. This should be your clue to do everything you can to get your own agreement(s) in place before the court does. An easy way to get that accomplished is to use a Parenting Plan Templatecustody strategies

State laws allow for the court (or in legalese, the “trier of fact”) to order support payments 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 as stipulated by statute. State laws provide that in cases where a marriage 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.

Chinese proverb: You cannot prevent the birds of sorrow from flying over your head, but you can prevent them from building nests in your hair.

In modification of child support requests, the court may consider an application if the amount requested is at least fifteen percent (or $50.00) per month different than what child support payments currently in place. Access to a Florida child support calculator can be found Here. The proper support payment will be determined by the family court using the following criteria:

  • salary and wages, including bonuses, commissions, tips, etc.,
  • business income e.g. self-employment, partnerships and the like,
  • disability benefits,
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  • worker's compensation,
  • unemployment compensation,
  • pensions,
  • retirement income, etc.,
  • social security benefits,
  • spousal or child support from a previous marriage,
  • interest and dividends,
  • rental income,
  • royalties,
  • trusts and estate accounts,
  • reimbursed expenses,
  • property gains in certain circumstances.

Monthly income 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 payments. Florida 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. The FL child support payment can also be reduced based on extraordinary medical, psychological, educational, or dental expenses.

Worried about the prospect of custody battles in your future? Want to know how to win a child custody battle?  Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

Florida CSEU – Child support enforcement unit. Offices are located throughout the state for parents to initiate and update their child support cases. The state also makes available direct access to your child support payment.

Medical Support – Florida requires that the obligor (the payor) of child support arrange for medical insurance for the children of the marriage, and if the obligor fails to do that, the obligor will be liable to pay the other parent for the costs of maintaining such coverage.

End of child support - Florida child support ends with the child turning 18 years of age, or at 19 if the child will graduate from High School by that age.

When paying child support

If both parents agree and the court approves, support payments need not be subject to immediate income deduction from pay. Payments would be sent to the State Disbursement Unit and then forwarded to the custodial parent.

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[Based on Florida Statutes 61.13]

Smart Legal FormsHow To File For No-Fault Divorce In Florida

Florida is a purely no-fault state, meaning the court will not assign blame or fault to the breakdown in the marriage. One party must state that the marriage is irretrievably broken. You may know this claim as 'irreconcilable differences'. Statutes provide two ways of getting divorced: 1. Regular Dissolution of Marriage or 2. Simplified Dissolution of Marriage.

1. Regular Dissolution of Marriage

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If you are the petitioner (filing the divorce), begin with a Petition for Dissolution of Marriage. Choose one of three petitions: No property and no dependents or minor children; With property and no dependents or minor children; or With dependents or minor children.

In your petition you must state that the marriage is irretrievably broken and include what you wish from the court. You must serve notice on your spouse.

Your spouse is given 20 days to respond, and in that response, must address issues identified in the petition. Your spouse's response (called the Answer) will typically raise separate issues. Which Answer form your spouse uses will depend on your marital specifics. The choices are:

  • Answer to Petition for Dissolution of Marriage (use this form if you both agree to all conditions)
  • Answer, Waiver and Request for Copy of Final Judgment of Dissolution of Marriage
  • Answer to Petition and Counter Petition for Dissolution of Marriage with Dependent or Minor Child(ren)
  • Answer to Petition and Counter Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren)
  • Answer to Petition and Counter Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property

Both parties must fill out your own Notice of Social Security Number form. If you are both in agreement to the terms of the divorce, you will complete a Divorce Settlement Agreement together. This form resolves division of assets and debt, alimony if any, and includes a parenting plan if there are kids from the marriage. If there are disagreements to the Settlement Agreement, then you must submit your own Settlement Agreement. Your spouse will answer with his/her own proposal.

With the Divorce Settlement Agreement, file with the court the Financial Affidavit Form, Notice of Social Security Number Form and the original copy of the Petition with the Clerk of the Circuit Court in the county you reside in. This begins your divorce.

You both must provide financial documents and a completed financial affidavit to the other party within 45 days of the petition service. If either of you fail to submit these or other documents, the court can dismiss the case or not consider a party's requests. If you together completed a Divorce Settlement Agreement and agreed to waive the Financial Affidavit requirements, no financial documents nor financial affidavits will need to be filed.

If financial relief IS sought, and not waived by the Divorce Settlement Agreement, one of these two forms are required:

  • Family Law Financial Affidavit
  • Family Law Financial Affidavit (short form)

Couples with children must also file the Child Support Guidelines Worksheet and Child Custody Affidavit forms.

The court will require proof of residency. A driver's license or a signed and notarized Affidavit of Corroborating Witness will suffice.

 

*Save a trip to the courthouse and download your Florida Divorce Forms packet now.

 

If your divorce is Uncontested (you both together signed the Divorce Settlement Agreement), you must select, complete and file one of the following:

  • Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Uncontested)
  • Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Uncontested)
  • Final Judgment of Dissolution of Marriage with No Property or Dependent or Minor Child(ren) (Uncontested)

If your divorce is Contested (disagreements remain and you want a judge to decide), you must select, complete and file one of the following:

  • Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren)
  • Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren)

Either the couple or the clerk of court must complete a civil cover sheet Form 1.997 of the Florida Rules of Civil Procedure. The clerk will have this form. You will set a date and time for a court appearance before a judge and bring with you the Final Judgment of Dissolution you chose above. In most cases the judge signs the Final Judgment and you will be divorced.

scales of justiceConcerned about custody and visitation battles in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced, and adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

2. Simplified Dissolution of Marriage

This method is intended for those that aren't using legal representation. All forms must be filed correctly. You both will be required to appear in front of a judge prior to a dissolution of marriage being granted.

Follow the procedures for a Regular Dissolution of Marriage above, up to the civil cover sheet.

To qualify for a Simplified Dissolution of Marriage, all 8 conditions directly below must be true:

  • You and your spouse agree that the marriage cannot be saved.
  • You and your spouse have no minor or dependent child(ren) together and the wife is not now pregnant.
  • You and your spouse have worked out how the two of you will divide the things that you both own (your assets) and who will pay what part of the money you both owe (your liabilities), and you are both satisfied with this division.
  • You are not seeking support (alimony) from your spouse, and vice versa.
  • Neither you nor your spouse wish to have any financial information other than that provided in the financial affidavits.
  • You are willing to give up your right to trial and appeal.
  • You and your spouse are both willing to go into the clerk’s office to sign the petition (not necessarily together).
  • You and your spouse are both willing to go to the final hearing (at the same time).

You both must sign Florida Family Law Rules Of Procedure Form 12.901(a), Petition For Simplified Dissolution Of Marriage, which includes the above 8 bullet points, in the presence of a Deputy Clerk.

At your hearing, you must bring the completed Final Judgment of Simplified Dissolution of Marriage with you. If all paperwork is in order, the judge may grant your divorce by signing that form after a review process.

 

*Save a trip to the courthouse and download your Florida Divorce Forms packet now.

 

Special note: State law requires that you complete and submit an unsigned anonymous informational questionnaire. You submit this questionnaire anonymously. This document is kept in a separate file for later distribution by the clerk to researchers from the Florida State University Center for Marriage and Family.

[Based on Florida Statutes Title XLIII- Chapter 61.043]

See our discussion on Do-It-Yourself Divorce

Chinese proverb: It is later than you think

fightingLegal Separation - Marital Separation

Florida does not directly recognize legal separations as most other states do [61.031 ]. One party may petition the court to have the other partner financially maintain the spouse and minor child. This petition for support presumes there has been a separation of sorts.

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The court will specify who pays and how much they pay to support the children of divorced parents as well as any dependent partner. Support during the separation is considered temporary until or unless the court assigns permanent amounts at the time of divorce.

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[Based on Florida Statutes 61.031]

marital assetsDivorce Settlement - Dividing Marital Assets

According to Sunshine State divorce laws, there will be a divorce settlement of your marital assets between you and your spouse. They call it equitable distribution. This will be a formal agreement in writing. Parents who are divorcing must provide a Florida Parenting Plan as part of the divorce settlement agreement. If you two are unable to complete an agreement, 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 equally. Florida courts will set aside non marital assets and liabilities and then begin the process of dividing the marital assets. Courts may consider the following in that process:

  • The contribution to the marriage by each spouse,
  • The economic circumstances of the parties,
  • The length of the marriage,
  • Any interruption of personal careers or educational opportunities of either party,
  • The contribution of one spouse to the career or educational opportunity of the other spouse,
  • The desirability of retaining any asset intact and free from any claim by the other party,
  • The contribution of each spouse to income the incurring of liabilities to marital assets,
  • The desirability of retaining the marital home,
  • The intentional waste or depletion of marital assets (can go back 2 years) and
  • Any other factors necessary to do equity and justice between the parties.

Marital assets and liabilities are defined as:

  • Assets acquired and liabilities incurred during the marriage,
  • The enhancement in value and appreciation of non-marital assets,
  • Interspousal gifts during the marriage,
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  • All vested and non vested benefits,
  • All real property held by the parties as tenants by the entireties, which acquired prior to or during the marriage, shall be presumed to be a marital asset.

Non-marital assets and liabilities defined:

  • Assets and liabilities incurred by either party prior to the marriage,
  • Assets acquired separately by either party by interspousal gift,
  • All income derived from non-marital assets during the marriage,
  • Assets and liabilities excluded from marital assets and liabilities by valid written agreement.

Retirement Assets

Always an area of contention, the process of dividing retirement accounts can get dicey in determining who is entitled to what percentage of the pie. Florida courts will often order that retirement assets be surrendered from the partner with more to the partner with less. If you want to be ahead of the game, convince your spouse that you'll save tons of money doing the division yourselves. If you have an attention to detail, we suggest you use the software used by divorce attorneys and offered by The QDRO Desk™. Most divorce attorneys have the report done by a third party such as the QDRO Desk™, and you get charged that company's rate plus legal fees your attorney may charge explaining it to you. The QDRO Desk software will provide the same information for less than it costs to be billed for one hour of legal fees.

Chinese proverb: Have a mouth as sharp as a dagger but a heart as soft as tofu.

Lock up the assets

If you think your spouse might try to hide assets, or spend them, we suggest you file a petition for a financial temporary restraining order. This order prevents liquidating assets or spending money beyond the basic necessities of daily living. You might first consider allocating enough funds to see yourself through, because the restraining order will apply to you too. good idea

 

Worried about the prospect of custody battles in your future? Want to know how to win a child custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

 

Is your spouse trying to include the home in the divorce settlement when you had it before the marriage? Concerned about the equity in that house that you brought into the marriage? Here's how Florida code spells it out generally: What you brought into the marriage is usually all yours. However, any improvement or 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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[Based on Florida Statutes 61.075]

chinese symbol for healingVisitation - Scheduling a child's time with each parent

The State of Florida refers to visitation as time-sharing, and requires that you submit a parenting plan and provides an excellent parenting plan guide in PDF form. Astute parents will complete a plan and transfer all data to an on-line parenting plan provider, where they will print it and present it to the court. Should your spouse be disagreeable about aspects of the plan, you can submit it to the court for approval. That forces your spouse to negotiate any details that are in dispute. An on-line parenting plan is easy to update with the future changes in your children's lives and avoids the need to print and provide your ex with the changed document. Everything you need including instructions are available.

Florida statutes describe a parenting plan

A parenting plan approved by the court must, at a minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent; a designation of who will be responsible for any and all forms of health care, school-related matters including the address to be used for school-boundary determination and registration, and other activities; and the methods and technologies that the parents will use to communicate with the child.

great ideaCarrot and the Stick - If you are concerned that your ex-partner may not live up to his or her end of the child visitation bargain, and you want to keep close track of all parenting times, activities and missed visits, Custody XChange© is the ideal tool for you. This on-line parenting and child visitation platform offers, among other things, an on-line calendar for tracking and journaling parenting time. You can point to or share the calendars for upcoming months to prompt him or her to take good parenting as serious as you do, and at the same time demonstrate that you are keeping close track of all parenting time interactions. If he or she knows there is documentation, the game playing and threats of custody battles tend to go away. You now have control. Trust us on this. This time management system is worth it's weight in gold.

Children of divorce need reassurance and continuity

Your kids will struggle with the uncertainty of how this new two homes idea will work out. You can give them structure and certainty by maintaining an online parenting plan that they can log onto. We've done the leg work for you in a search for the most features for the least cost. Go read our Parenting Plan discussion and recommendation.

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Do you know the name of one of the best books available for understanding the problems and solutions to the challenges of parenting, and teaching your children responsibility? One review describes the book: 'This is as close to an owner's manual for parents that you will find. Now, parents can embrace mistakes as wonderful learning opportunities to raise respectful, responsible, and caring children. Read this Amazon-sponsored must own book Parenting With Love And Logic.

 

[Based on Florida Statutes 61.13]

cheatingGrounds for divorce

The court will not issue a judgment of divorce unless one of the following grounds is found present:

1. The marriage is irretrievably broken, or

2. Mental incapacity of one of the parties.

Marital infidelity such as adultery does not matter in 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 child support payments, alimony, property, custody, visitation and any matter relevant to the best interests of all parties.  

forms

 

[Based on Florida Statutes 61.052]

residencyResidency - You must be a resident of this state to file

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. Driver's licenses, bank account statements, pay stubs or utility bills (among other ways) can provide that proof. 

 

custody x change parenting software

 

 

{Florida Statutes Title 6- Chapter 61- Section 021]

mediationMediation - Using a Mediator to resolve disputes

In cases where parental responsibility, primary residence, visitation or support of a child are contested, mediation or marriage counseling will 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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Florida requires that parents complete the Parent Education and Family Stabilization Course, 4 hours in length, designed to educate, train, and assist divorcing parents in regard to the consequences of divorce on parents and children. Divorce guidelines covered in the course may include the following topics as they relate to court actions between parents involving custody, care, visitation, and support of a child or children:

  • Legal aspects of deciding child-related issues between parents,
  • Emotional aspects of separation and divorce on adults,
  • Emotional aspects of separation and divorce on children,
  • Family relationships and family dynamics,
  • Financial responsibilities to a child or children,
  • Issues regarding spousal or child abuse and neglect,
  • Skill-based relationship education that may be generalized to parenting, workplace, school, neighborhood, and civic relationships

[Based on Florida Statutes 61.183]

grandmotherGrandparents Visitation

Florida has updated their laws in 2012. A grandparent filing for visitation will be granted visitation if:

  • the court finds that it is in the best interests of the child,
  • the marriage of the parents of the child has been dissolved,
  • the parent has deserted the child, or
  • the child was determined to be born out of wedlock and there was never any determination that the child was born within wedlock.
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The court will use the following criteria or determine the best interests of the child:

  • the willingness of the grandparent(s) to encourage a close relationship between the child and the parent(s) of the child,
  • the length and depth of the relationship between the grandparent(s) and the child.
  • the preference of the child as long as the child is determined to be of sufficient maturity,
  • The mental and physical health of the child and the grandparent(s)
  • any other factors the court deems appropriate.

Read a report (PDF) from the Florida State Senate on grandparents visitation rights.

 

[Based on Florida Statutes Title XLIII- Chapter 752- 752.01]

divorceWaiting Period

A minimum 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 few if any assets. However, in unusual

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circumstances, the court has the ability to dissolve a marriage in less than 20 days from the date of filing. Use the divorce laws on the books to your advantage. 

There is no waiting period to remarry, as long as it occurs after the final decree.

 

 

custody x change parenting software

Parenting Classes

According to Florida Statute 61.21.2a, all parties to a divorce (with minor children) must complete the parenting course as expeditiously as possible. The petitioner must complete the course within 45 days after the filing of the petition, and all other parties must complete the course within 45 days after service of the petition. The course providers below are approved by the State of Florida, and provide a certificate of completion that must be filed with the state.

.good choice  Online Parenting Class - Our online parenting classes allow you to work at your own pace. You do not have to miss time away from work, school, or personal commitments. You can access our Flotida classes from any computer with Internet access from any location in the world! Our courses are professionally developed and inspiring. You may log on/off as many times as needed until you finish. Work arrow Presented by AJ Novick Group, Inc.

 Priceless Parentinggood choice Priceless Parenting - The parenting classes we offer are grounded on decades of positive parenting experiences from real life situations and backed by the latest scientific research in child development. Our parenting approach includes ideas that have stood the test of time and worked well for millions of parents.

arrow Presented by Priceless Parenting, LLC

 

 

 

 

 

 

 

 

 

 

 


A Word On Your Journey Toward Healing And Recovery ...

At some point in the process, you may discover that you will not be able to manage the divorce recovery all by yourself. If you are a man, you are apt to bury the hurt and anguish and force yourself to Move On. However, unresolved feelings are just that- unresolved, and are likely to become issues later on. If you are a woman, you will feel the process more, and likely will experience a feeling of loss while feeling lost. We recommend you spend time discovering why things worked out as they did, so that you grow with the new knowledge. We offer a myriad of tools that can get you to the other side. The more you learn, the less you fear. Trust us on this. Spend some time and a few bucks and the return will be ten-fold.

Arm yourself with Child Custody Strategies, begin an on-line Parenting Plan and download Divorce Forms. Begin TODAY.