Florida Family Law Resources

Read through our Florida divorce and child custody articles to gain a better understanding of the road ahead. Educating yourself about the divorce process in Florida will improve your ability to communicate with your divorce lawyer, which goes a long way toward helping you reach your goals in a Florida family court.

• Florida Child Support Laws
• Florida Child Custody Questions
• Florida Divorce Laws – FAQs
• Alimony In Florida

Florida Divorce Process

In Florida, a divorce is called a “dissolution of marriage.” It is a no-fault state, so the only requirement is for at least one of the people involved to plead and show that the marriage is irretrievably broken. Once you file for divorce, you must determine how marital property and care for the children involved will be broken down. A court will determine distribution if an agreement with your ex-spouse cannot be reached.

Helpful Article: Divorce in Florida: Florida Divorce Law FAQs

Florida Residency Requirements For Divorece

Those who wish to pursue dissolution of marriage in Florida (Florida law § 61.021) must show that at least one of the parties has lived in the state for the last six months prior to filing the petition. The person petitioning must show proof of residency to the court prior to the court taking up the case.

Related Article: What Is The Residency Requirement For Filing For Divorce?

Grounds for Divorce in Florida

In Florida, it is not necessary to prove one spouse caused the decline of the marriage. Florida is one of several states that has eliminated fault as grounds for the dissolution of marriage. Rather, the only statement either party needs to make is that the marriage is irretrievably broken.

Notably, the reason for the irretrievable breakdown could be considered by the court when deciding if one party should receive alimony from the other. It may also be used to divide marital assets and debts and in the creation of a parenting plan.

The state does recognize the dissolution of marriage on the grounds of mental incapacity. One party may file a petition on the grounds of mental incapacity of the other if the person has been adjudicated incapacitated for at least three years prior to filing the petition.

Dissolution of marriage grounds are as follows:

• The marriage is irretrievably broken or;
• Mental incapacity of one of the parties. (Florida Statutes – Chapters: 61.052).

Related Article: The No-Fault/Fault-Based Divorce Debate

Florida Property Division Process

Florida is an equitable distribution state as opposed to a community property state. The court must begin with the premise that all marital assets and debts are to be divided equally. However, the court may divide assets and debts unequally to achieve equity and justice between the parties.

Marital Property

Marital assets and debts include:

• Any asset acquired or debt incurred by either party or both parties during the marriage
• Interspousal gifts
• Income earned during the marriage
• Enhancement in value and appreciation of non-marital assets resulting from the efforts of either party during the marriage or from the expenditure of marital funds

If marital funds are commingled with non-marital funds so as to become untraceable, a presumption is created that the spouse made a gift to the other spouse of an undivided half interest in the funds. The presumption may be overcome by clear and convincing evidence that no gift was intended.

Non-Marital Property

Non-marital assets and debts include:

• All assets acquired and debts incurred by each party prior to the marriage
• Assets acquired in exchange for pre-marital assets
• 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
• Assets acquired by inheritance,
• Passive appreciation of non-marital assets

Here are some additional helpful articles for property division.

• Divorce Tips For Men: What To Do With The House?
• Asset Division and Property Division

Florida Child Custody Laws

There is no legal term “custody” in Florida, and the state has abolished primary and secondary residential parent designations. Both parents are entitled to frequent and continuing time-sharing with their children, and the court will order a time-sharing schedule that is in the best interests of the child based on statutory factors.

A Florida Supreme Court Approved Parenting Plan must be included in all final judgments of dissolution of marriage. The Parenting Plan includes provisions for:

• Time-sharing
• Holiday time-sharing
• The division of costs for extracurricular activity
• Out-of-state and out-of-county travel
• Transportation and the exchange of children
• Communication between the parents and the parents and children
• Decision-making

Parental responsibility, which involves making major decisions regarding the child’s education, health care, and general welfare, is presumptively shared by the parents. Neither party can relocate with a child more than 50 miles from that parent’s residence without the consent of the other parent or a court order.

Both parents are responsible for child support. Child support is statutory and based on a mathematical calculation. Once the statutory child support obligation is determined, the parties each pay a percentage based on their respective income. Health insurance, uncovered medical expenses, and necessary daycare costs are also factored into the calculation, as is the percentage of overnights.

Each parent must attend a court-approved family stabilization course that focuses on how the dissolution will affect children and how parents can alleviate the trauma of a broken family.

Child Custody Shared Parenting Arrangments in Florida

Also notable is that the state provides some clarity on the types of time-shared parenting that could be included in a parenting plan. The ultimate decision the court makes could include one of these arrangements:

• Weekly arrangement: Parents rotate week-to-week with custody of the child. When parents have similar work schedules, this simple and direct schedule may be an option.
• Two weeks: Like weekly arrangements, but for two weeks, this method allows a child to spend two weeks with each parent before switching to the other.
• 4-3-3-4 schedule: This schedule follows a process in which the child will rotate between parents at these intervals: four days with one parent, three days with the other parent, three days with the first parent, and four days with the second parent.
• 2-3-2 schedule: This method follows a weekly schedule in which the child will spend time with one parent for two days, the second parent for three days, and then two days with the first parent again. The next week it is reversed, allowing both parents to receive equal time.
• 2-2-5-5 schedule: A more elaborate option, but one that follows a two-day stay with each parent followed by a five-day stay with each parent. This method repeats over time.

To determine child custody in Florida, the court will consider all factors deemed relevant to the case, including:

• The child’s preference
• Each parent’s willingness to meet the needs of the child
• The parents’ capacity to provide support for the child, including for school and extracurricular activities
• Where the child’s school is located
• The parents’ ability to act on the child’s needs instead of their own desires
• The ability and willingness of each parent to maintain a close relationship with the child
• The moral fitness of each parent and how it impacts the child both directly and indirectly

Parents can develop a timesharing plan that meets their goals if both parents agree as a component of the divorce process. The court will still review the parenting plan to verify it meets all requirements and supports what is in the best interest of the child.

Related Article: Florida Child Custody Questions

Florida Child Support

In Florida, both parents have a legal obligation to support their child based on their ability to do so. To facilitate this, Florida uses the “Income Shares Model,” which means the courts will estimate how much each parent would be spending on their child if they were still all living together in a single household.

It’s important to note that child support operates independently from visitation. This means that if the paying spouse misses a child support payment, it does not warrant denying them visitation as a punishment. All court orders, including child support and visitation, must be obeyed to the letter.

Florida Spousal Support

The factors the court looks to when deciding to award maintenance or alimony include:

• The need of one spouse and the ability of the other spouse to pay
• The length of the marriage
• The standard of living during the marriage
• The age and physical and emotional condition of each party
• Financial resources of the parties
• Contributions to the marriage
• The earning capacities
• The responsibilities each party will have regarding their minor children
• Any other factor necessary to provide equity and justice between the parties

The different types of alimony include:

• Permanent
• Rehabilitative
• Bridge-the-gap
• Lump sum
• Nominal
• Durational

Permanent alimony is presumed for long-term marriages, and there is a presumption against permanent alimony for short-term marriages. Definitions for long-term and short-term vary throughout jurisdictions. However, as of July 1, 2010, a short-term marriage is defined as a marriage lasting less than seven years, and a long-term marriage is defined as a marriage lasting 17 years or more.

Continue reading to view additional articles to educate you on spousal support.

• Will I Have To Pay Alimony?
• How Paternity Fraud Devastates Entire Families

Why Work With Cordell & Cordell

Cordell & Cordell works with men and fathers across the country to advocate for men’s rights in family court. Our legal team in Florida has extensive experience working within the local laws, so you can confidently approach your case with an advocate on your side. Take a look at what some of our previous clients had to say about our services.

“Cordell and Cordell has it figured out and streamlined. I liked that I could see everything on the website including documents I had turned in. [My attorney] was great. She was attentive and responsive. She was on top of everything.” — Richard G.

“[My attorney] was great! I believe I would have been better off today had I used your services from the onset.” — Edward S.

Your Trusted National Family Law Firm for Men

At Cordell & Cordell, we know that family courts are often biased against men and fathers, so we serve as advocates for the disadvantaged. Get in touch with our team today by calling 866-DADS-LAW or by filling out our online contact form to schedule an an initial consultation.

*This page serves as a resource and is not to be taken as legal advice.