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Divorce in Florida

Divorce in Florida

Dissolution of Marriage: Divorce in Florida

Divorce in Florida

      The process of divorce in Florida is a multi-faceted, complicated lawsuit that is governed by Florida Statutes Chapter 61 and the Florida Family Law Rules of Procedure.  Florida’s laws feature a “no-fault” divorce provision, which in pertinent part requires only that one of the two parties to the proceeding wish to be divorced and that the marriage itself is “irretrievably broken.”  The term “irretrievably broken” means that the no additional counseling would be useful for the parties, and that the relationship cannot be foreseeably fixed or restored to the point where both parties wish to remain married.

      In general, a divorce in Florida covers a number of issues, depending upon the individual circumstances of the parties and the marriage.  The following issues may be present in your divorce:

  • Parenting Plan:  What was previously referred to as child custody is now generally referred to as a Parenting Plan.  In pertinent part, a Parenting Plan is composed of two parts: (1) parental responsibility; and (2) timesharing.
  • Equitable Distribution:  This portion of Florida divorce laws deals with the disposition of the parties’ property and liabilities that were acquired over the course of their marriage.  There are two different types of property/liabilities: (1) marital, which is acquired during the pendency of the intact marriage, regardless of whose name the property or liability is titled in (with some exceptions); and (2) non-marital, which is property/liabilities that were acquired either prior to the marriage, during the marriage (if it is an exception to marital property), or after the parties’ separated.
  • Alimony:  Alimony is an age old concept, but changes in Florida divorce laws over the past decade have modified the concept somewhat.  There are several different types of alimony: (1) permanent periodic alimony; (2) durational alimony; (3) rehabilitative alimony; (4) bridge-the-gap (lump sum) alimony; and (5) temporary alimony.
  • Child Support:  Florida child support is calculated based upon Florida Statutes §61.30.  Generally speaking, child support is calculated using a variety of factors including the net income of the parties (as calculated by the statute), the needs of the minor child(ren), the extra expenses of the minor child and the statutory presumption of the child(ren)’s needs.
  • Attorney’s Fees:  Florida Statute §61.16 provides for the payment of attorney’s fees and costs related to a divorce based upon an evaluation of one party’s financial needs and the other parties’ financial ability to pay for said attorney’s fees and costs.

Learn more about divorce in Florida works.  Our office offers free consultations to discuss which issues may affect your case, and what to expect.  Call today!

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