Learn How Florida Divorce Law Affects Your Case and What You Can Expect

If you want a divorce in Florida, you must have some basic idea about the Florida divorce laws. The first criterion for filing a divorce case in any state is residency. In Florida, either you or your spouse must reside for 6 months in the state before you can file the divorce petition.

It also must be filed in the circuit court jurisdiction where either you or your spouse resides. You should also know that no final divorce decree is permitted until at least 20 days have elapsed from the date of first filing. Only if the court can be persuaded that injustice would result from a delay can an earlier action be taken.

The basis for granting a divorce may be either irretrievable breakdown of the marriage, or that one spouse has been mentally incapacitated for at least 3 years.

According to the Florida divorce law, there is no provision for a legal separation, but there are for spousal and child support, custody and visitation rights.

If you live in this state separate from your spouse and minor child, whether or not by your own fault, you may be obliged to maintain them, unless some other pending legal action gives you relief. The court will pass a judgment at the end of the divorce proceedings about your financial obligations to the spouse and child, and will also determine other important issues such as custody and visitation rights. While making a decision in this regard, the  court is sure to take into consideration many issues.

Mediation by counseling, as per the Supreme Court's rules, is often ordered. If you and your spouse can reach an agreement, the mediator will submit a consent order accordingly. When you, your spouse, and attorneys agree upon terms and the court approves them, the order is enforced.

Property Distribution in Florida Divorces

Florida, being an equitable distribution state, divides marital assets on an equitable basis. The court begins with equal distribution as the goal, and then factors in relevant exceptions. 

These include, among others:
 
•    Living standard established while married
•    The marriage duration
•    The age, emotional and physical condition of you and your spouse
•    The financial condition of the two of you, and the marital as well as non-marital liabilities and assets given to each
•    The responsibility of each spouse both for growth and waste of assets within 2 years before the divorce action
•    The necessary time for you and your spouse when applicable to acquire enough training or education to find good employment
•    You and your spouse’s contribution to marriage, which includes and is not just limited to the services of homemaking, education, child care and supporting the career of each other
•    All income sources available to both you and your spouse

Alimony, Child Custody and Divorce

Both of you can receive alimony, temporary or permanent--periodic, one-time, or both. Adultery and attendant circumstances may influence the amount of alimony awarded, and there are other considerations as well.

Where there are minor children, a Florida court does everything that is possible to minimize emotional trauma and material distress in line with the Uniform Child Custody Jurisdiction and Enforcement Act. If parents fail to agree on the issues, the court rules as it deems fit.

This includes giving the father the same consideration as the mother, and grandparents the same as parents, as well as either sole or joint parental custody. The court maintains jurisdiction on child custody if it believes that a child has been moved outside the state primarily so that a custody modification or determination can be avoided.

While ordering parental responsibility that is shared in nature, the court can also consider the desires expressed by the parents, while making one parent ultimately responsible for any particular child welfare aspect. However, the court does not discriminate against the custodial parent seeking to relocate the child against earlier court decisions if the court feels that it is better for the child.

The court can order child support as per the Guidelines of Child Support in Florida. Such guidelines are based on incomes of you and your spouse and there are also deviation factors which become applicable here. If you and the spouse cannot arrive at a reasonable agreement about the amount for child support, it is the duty of a court to use the guidelines and make a decision. The amount for child support is then offset so that it can be established who should pay the spouse to support a child. All income can be typically verified when worksheets for child support and past W-2’s are examined by the court. For this purpose, monthly income of both you and your spouse is determined on the basis of gross income, and is not just limited to items such as wages, salaray and business income.