Divorce in Florida
Florida is a no-fault divorce state.
Spouses are simply required to assert the marriage is irretrievably broken or order to seek a divorce.
Contested or Uncontested
Divorce can still be contested or uncontested in Florida.
In an uncontested divorce, the parties agree to the details regarding child support, parenting plans and spousal support.
A contested divorce means one or more of these issues are not resolved and the parties need the court’s help in deciding these matters.
The first step in filing for a divorce is filing the Petition for Dissolution of Marriage and ends with a Marital Settlement Agreement, if uncontested. While Florida courts prefer that spouses come to their own decisions regarding child support, custody issues and spousal support, they will step in if there are contested issues.
Minor Children
When there are minor children involved in a divorce, Florida courts choose which parent to place the child with in the best interest of the child.
Florida courts prefer Shared Parental Responsibility, in which each parents have a say in raising the child. Florida courts prefer parents make these decisions for themselves, but they will step in if the spouses cannot come to an agreement themselves and attempt to strike a balance.
Most of the time, parental responsibility for the child, or children will be shared by both parents. Florida courts require a parenting plan recommendation, made by a court appointed counselor.
As to child support issues, both parents are responsible to support the child or children in their marriage according to the child’s needs and the parent’s financial abilities.
Florida courts calculate child support in proportion to the parent’s income. Child support typically lasts until the child reaches age 18. Parents can ask for child care, health insurance and basic court support as well.
Spousal Support
Spousal support is awarded in Florida divorces depending on the length of marriage, the parties’ prior standard of livening as well as financial resources, income-producing capacity of the assets, time necessary to acquire sufficient education or training, services rendered in homemaking, child rearing and education and career building of the other spouse and age and physical and emotional condition of both spouses.
Permanent alimony can be awarded following a long marriage. A marriage that has not lasted as long will not receive as much spousal support. Additionally, a court will take into consideration whether one party is a “supported” party in a relationship.
Mediation
Mediation of divorces is encouraged in Florida divorces, as Florida courts prefer that parties make parenting and support decision on their own in an amicable fashion.
Florida law calls for an equitable distribution of assets. Florida courts expect spouses to divide the marital property fairly, but not necessarily equally.
