Divorce, legally termed “dissolution of marriage,” in Florida involves several statutes and principles that govern the process from start to finish. Here are some of the technical aspects of divorce laws in Florida, focusing on the procedures, requirements, and legal nuances specific to the state.
Also, keep in mind, in the state of Florida, it’s important to understand that legal separation is not recognized as a distinct legal status unlike in many other states.
This means that there is no formal process or legal acknowledgment of separation from a spouse while remaining married. Additionally, Florida law treats infidelity as a violation of the legal marriage contract, considering it illegal.
These foundational aspects set the stage for how divorce proceedings are approached and managed within the state, influencing various factors such as alimony and the division of marital assets.
1. Residency and Filing Requirements
To file for a divorce in Florida, at least one of the parties involved must have resided in the state for a minimum of six months prior to the filing. The petition for dissolution of marriage is typically filed in the circuit court of the county where either party resides.
According to Florida statutes, the documentation must state that the marriage is irretrievably broken, which serves as grounds for the dissolution.
2. Division of Property
Florida follows the equitable distribution model for the division of marital assets and liabilities. This means that the court divides marital property equitably, though not necessarily equally, after considering a variety of factors.
These factors include the duration of the marriage, the economic circumstances of each spouse, the contributions to the marriage by each spouse (including contributions to the care and education of the children and services as homemaker), and the interruption of personal careers or educational opportunities.
3. Alimony
Alimony in Florida is awarded based on the need of one spouse and the other spouse’s ability to pay. Florida law recognizes different types of alimony: temporary, bridge-the-gap, rehabilitative, durational, and permanent.
Factors affecting alimony decisions include the standard of living established during the marriage, the length of the marriage, and the age and physical and emotional condition of each party.
4. Child Custody and Support
Child custody in Florida is determined based on the best interests of the child, with the court considering several factors to ensure that the child’s welfare is the primary focus.
These factors include, but are not limited to, the demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, the reasonable preference of the child if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference, and the developmental stages and needs of the child.
Child support is calculated using the Income Shares Model, which considers both parents’ incomes. The state provides a guideline chart that specifies the base amount of support, depending on the number of children and the combined income of the parents.
5. Legal Representation and Court Proceedings
Navigating the complexities of divorce in Florida typically requires legal representation to ensure that all aspects of the divorce comply with Florida laws and that the rights of the involved parties are protected. Legal proceedings may vary from simple uncontested cases, where both parties agree on all terms, to contested divorces that require mediation and trial.
Florida’s divorce laws are structured to ensure fair and equitable resolutions for all parties involved, but they require a thorough understanding of various legal aspects.
From property division and alimony to child custody and support, the laws are designed to address the complexities of dissolving a marriage. Legal counsel is recommended to navigate these waters effectively, ensuring that all legal requirements are met and that the interests of both parties are represented.
