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Florida
divorce laws allow parents to complete a Visitation Schedule and a Parenting Plan. Get these documents done before the court
gives you its own version.
In order to develop a good parenting game plan, you'll need to gather all of your information and resources in one location. If you are using a lawyer, he or she will do that for you at the going rate ($) per hour. If price is an issue, you can do it yourself.
Fortunately you can do much or all of this on-line. Are you looking for a cohesive 'sticky' place to keep all your information? Want a Parenting Plan you can hold your ex accountable to, and resources that can give you the advantage?
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 Florida
Child 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.
During the divorce process, you will have an opportunity to agree to a 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).
When awarding child custody, the family court will consider all factors affecting the welfare and interests
of your child, including but not limited to:
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The parent who is more likely to allow your child frequent and continuing contact with the non-custodial
parent; |
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The love, affection, and other emotional ties existing between you parents and your child; |
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The capacity and disposition of you parents to provide your child with food, clothing, medical care, and
other material needs; |
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The length of time your child has lived in a stable, satisfactory environment and the desirability of maintaining
continuity; |
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The permanence, as a family unit, of the existing or proposed custodial home; |
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The moral fitness of you parents |
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The mental and physical health of you parents; |
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The home, school, and community record of your child; |
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The reasonable preference of your child as to custody, if the court deems your child to be of sufficient
intelligence, understanding, and experience to express a preference; |
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The willingness and ability of each parent to facilitate and encourage a close and continuous parent-child
relationship between your child and the other parent; |
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Evidence that any party has knowingly provided false information to the court regarding a domestic violence
proceeding; |
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Evidence of domestic violence or child abuse; |
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Any 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.
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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.
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 Florida
Child 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 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 Template (see link above).
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.
In modification of child support requests, the court may consider an application if the amouny 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 (scroll down to 61.30). The proper support payment will be determined by the family court using the following criteria:
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salary and wages, including bonuses, commissions, tips, etc., |
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business income e.g. self-employment, partnerships and the like, |
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disability benefits, |
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worker's compensation, |
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unemployment compensation, |
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pensions, retirement income, etc., |
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social security benefits, |
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spousal or child support from a previous marriage, |
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interest and dividends, |
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rental income, |
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royalties, trusts and estate accounts, |
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reimbursed expenses, |
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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.
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.
Download Florida Divorce Forms
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Lawyer Advertising
 Child Visitation
Co Parenting
The State of Florida 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.
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.
 Carrot 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.
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Spousal Support
Florida Alimony
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. 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 will determine the ruling.
Guidelines include:
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The standard of living established during the marriage; |
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The duration of the marriage; |
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The age and the physical and emotional condition of each party; |
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The financial resources of each party, the non-marital and the marital assets and liabilities distributed
to each; |
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When applicable, the time necessary for either party to acquire sufficient education or training to enable
such party to find appropriate employment; |
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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.
You may realize that we all need some help processing all this angst. This site has a Divorce
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this nightmare in one piece.
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Grounds For Divorce
The court will not issue a judgment of divorce unless
one of the following grounds is found present:
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The marriage is irretrievably broken. |
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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.
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Mediation
Counseling
 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.
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. Topics
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:
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Legal aspects of deciding child-related issues between parents |
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Emotional aspects of separation and divorce on adults |
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Emotional aspects of separation and divorce on children |
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Family relationships and family dynamics |
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Financial responsibilities to a child or children |
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Issues regarding spousal or child abuse and neglect |
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Skill-based relationship education that may be generalized to parenting, workplace, school, neighborhood,
and civic relationships |
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Legal Separation
Marriage
Separation
Florida does not directly recognize legal separations as most other states do. 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. The court will specify who pays and how much they pay to support the children of the
union 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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Waiting 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 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.
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Grandparents Rights
Both Federal law and Florida law 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.
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Divorce Settlement
Distribution of Assets
 According to Sunshine State divorce laws, there will be a divorce settlement of your marital assets
between you and your spouse. This will be a formal agreement in writing. 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:
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The contribution to the marriage by each spouse, |
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The economic circumstances of the parties, |
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The length of the marriage, |
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Any interruption of personal careers or educational opportunities of either party, |
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The contribution of one spouse to the personal career or educational opportunity of the other
spouse, |
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The desirability of retaining any asset, including an interest in a business, intact and free from
any claim or interference by the other party, |
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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, |
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The desirability of retaining the marital home, |
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The intentional waste or depletion of marital assets and |
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Any other factors necessary to do equity and justice between the parties. |
Marital assets and liabilities defined:
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Assets acquired and liabilities incurred during the marriage, individually by either spouse
or jointly by them; |
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The enhancement in value and appreciation of non-marital assets resulting either from the efforts of either
party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets,
or both; |
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Interspousal gifts during the marriage; |
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All vested and non vested benefits, rights, and funds accrued during the marriage in retirement, pension,
profit sharing, annuity, deferred compensation, and insurance plans and programs; |
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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. If, in any case, a party makes a claim to the contrary, the burden of
proof shall be on the party asserting the claim for a special equity. |
Non-marital assets and liabilities defined:
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Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired
and liabilities incurred in exchange for such assets and liabilities; |
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Assets acquired separately by either party by interspousal gift, bequest, devise, or descent, and assets
acquired in exchange for such assets; |
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All income derived from non-marital assets during the marriage unless the income was treated, used, or relied
upon by the parties as a marital asset; |
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Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties,
and assets acquired and liabilities incurred for such assets and liabilities |
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 QDRODesk™, 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.
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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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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How 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
If you are the petitioner (filing the divorce), begin with a Petition for Dissolution of Marriage. Choose one of the three petitions below: 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.
If your divorce is Uncontested (you 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.
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.
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