Florida Divorce Laws

No one sees a divorce coming! It was an unexpected end to an ever-lasting bond where one expects a “happy ever after.” However, the relationship has come to an end. Our condolences for parting ways.

The circumstances are specifically difficult for newlyweds that thought their love would last a lifetime. Divorce is immensely challenging at an emotional level. However, it can cause financial and legal complications too.

Before the Florida divorce process can officially start, you must fulfill the state’s residency requirement. The spouse or the couple must have lived in Florida for more than six months before you submit the marriage dissolution papers. The residency paperwork requires proof. You can proceed with submitting the following paperwork with the original divorce documents:

1. Submit a Floridian driver’s license or an ID card. You can also provide a voter’s registration card, which must be issued six months before filing.
2. The notarized version from a close acquaintance swearing to the applicant’s legal status. It is called an Affidavit of Corroborating Witness.
3. If the above two options are not possible, the witness can also attend the hearing.

The Help Center of Florida Court System offers relevant documents for Florida Divorce Process. Moreover, it also offers information on petitions and other relevant queries.

Here are a few questions to answer to identify the paperwork you may need:

1. Does your marriage require a simple dissolution? The spouses will complete the forms themselves, and the clerk’s office will sign them.
2. The divorce will determine the respondent and the petitioner if you go a traditional route. The title will identify the paperwork.
3. Does your divorce include joint-marital properties? Are you in debt in Florida? There is separate paperwork for each answer. In addition, the legal expert will advise you to take the petition route if your marriage involves minor or dependent children.

What’s next after willing divorce forms?

After gathering and filling out the divorce as an answer to the summon, the documents are presented to the clerk’s office. The documents are submitted to the office at the last place the couple lived in. The petition is notarized. Do not sign the paperwork until the notary is present. You can pay the courthouse a small fee to perform document notoriety.

The forms come with a filing fee too. However, the fee is waivered if the court observes adjudication. The fee varies from county to county. However, it is estimated at $400. The documents are date-stamped after submission. A copy goes to each spouse, and the original version goes to the court office.

The next part of Florida Divorce Laws discusses the No-Fault Law Divorce. It is a very common divorce where the marriage is not dissolved if the spouse is unfaithful or an adulterer. A no-fault divorce petition informs the judge that the partners are not incompatible and cannot live under one roof. North Carolina practices an at-fault divorce compared to Florida’s No-Fault Law Divorce. The practice requires the spouses to mention the reason for dissolution. Otherwise, the petition becomes void.

When the Florida No-Fault Law Divorce hearing begins, the judge will ask the applicants if the marriage is “irretrievably broken.” If the answer is “yes,” the divorce is granted. The court will consider the reason to dissolve a marriage significant enough.

Advantages of Florida No-Fault Law Divorce

1. The Florida No-Fault Law Divorce gives the spouses the freedom to terminate the marriage whenever possible.
2. The Florida No-Fault Law Divorce has resulted in fewer domestic violence complaints. Thus, reducing the number of traditional divorces.
3. In addition, the couple saves time and money since the partners do not have to wait for the court to investigate the marriage. The claim to dissolve the marriage is sufficient enough.
4. Marriage is a private matter between two individuals. The judge and court perceive they are third parties who are strangers to applicants’ lives. Therefore, they cannot have a say in it.

Does Florida’s No-Fault Law Divorce have limitations?

The applicant’s Florida No-Fault Law Divorce request is not granted if the matter involves asset division, alimony, or child custody. Even though adultery is not a valid reason, its physiological and physical effects are. Other reasons to impact the divorce are:

• Mental abuse
• Psychological disorders
• Substance or alcoholism
• Child abandonment or imprisonment

Assuming the marriage dissolution request is because of child abandonment. In that case, the judge will allow the time and resources to the parents. The law dictates that the assets are distributed equally. However, equality does not overtake the cause. Another example is an unfaithful partner using the assets to please the affair. The rental or asset income is used for expenses and gifts. If that is the case, the divorce proceeding will not follow the equal distribution rule.

The divorce laws with children involve dominant parenting challenges such as kid support and sharing time. Other issues include asset division and alimony. Either of the spouses in a marriage dissolution can ask for alimony. However, it is up to the judge to decide on actual payments, rewards, or lump-sum payments.

When the matter involves alimony, the party must show proof of income. Furthermore, they must also have resources to pay for support too. In addition, the duration of alimony is mentioned too.

1. Florida terms short-term marriage from two to seven years.
2. Seven to 17 years of marriage is termed as medium-term.
3. If the marriage lasts more than 17 years, it is long-term.

The sunny state of Florida practices the PEACE program in civil family cases. The court will extensively discuss timesharing issues. Furthermore, they will also discuss paternal problems too. The judge will proceed with asset distribution, child support, and remaining issues. The hearing will ensure fair distribution.

What should you know about Divorce Laws with Children in Florida?

Florida Divorce laws with children do not use the term visitation or custody. In fact. The synonym timesharing and parental responsibility are used in writing. A child is someone who is “less than 18.”

Difference between parental responsibility and timesharing

Timesharing means the amount of time the child will spend with each parent. In this case, distributing time is subject to schedules, manners, and other factors. On the other hand, parental responsibility means the ability to make decisions. The variables are religion, academics, and health. The latter is categorized as sole or distribution.

Shared vs Sole Responsibilities

The shared parental responsibility is implied until the decision is not in the child’s best interest. Parents’ opinions are considered for crucial decisions when the responsibilities are shared. Common examples include academics, relocation, or extracurricular activities.

If the court sees shared responsibilities may harm the child, the Florida Divorce Laws with the child will opt for sole guardianship. The court will appoint a single parent who will make all the decisions.

Remaining essentials for children in Florida

There is no requirement for marriage dissolution to establish the distribution of time and parental responsibilities. The Floridian laws will determine the child’s future, whether the parents were married or were never married.

The courts will always make decisions in the child’s best interest. Furthermore, the decision must also align with Child Custody Jurisdiction and UCCJEA.

Child Support Laws in Florida

The child’s future depends on the parent’s income. The net income is considered the gross amount minus the necessary expenses. The process begins with the parents submitting a child support income and expense worksheet. Primarily, the data becomes the basis for the court’s net income calculation.

However, the parents must submit a sworn statement mentioning their expenses and deduction. Admissible deductions are retirement planning, union fees, and health insurance.

If you or your partner are an active member of the United States Military, you may have to take an untraditional route if you think of divorce.

Military Florida Divorce Laws encompass child custody, asset management, and alimony issues. However, other aspects are involved in Florida Divorce Laws in the Military too. There are specific laws and circumstances which require hiring a lawyer. You need an attorney with relevant laws knowledge to accommodate the clients.

The divorce attorneys have relevant information regarding military and civilian laws. An experienced legal expert knows the Laws and Military information to defend the divorce application. As a result, the divorce proceedings for active-duty members are postponed due to the nature of the job.

The postponement is initially for 90 days. The matter stays pending until the military returns home from deployment or active duty.

Military Benefit and Pension

The marriage length is not a significant factor for receiving a pension in a military divorce when the spouse is a civilian. However, the duration of marriage is essential when a civilian partner pays the allowance. Depending on the circumstances, contingencies, and other factors, the partner may receive payment from the government. In that case, the former spouse is ineligible to make payments.

The Survivor Benefit Plan gives property rights to retired military members. The benefits program is crucial to providing continuous income even after the retiree dies. According to Floridian Divorce Laws, the spouse becomes the official beneficiary. If that happens, the member must register with the Defense Financial and Accounting service to attain the title beneficiary

Floridian laws allow the court to ask the service member to offer Survivor Benefit Plan services to their ex-partners. Unfortunately, a court order is insufficient to ensure the non-military partner receives the amount. Therefore, the beneficiary will submit the “deemed election” for the application to move forward. If the individual does not apply, the non-military is not eligible for Survivor Benefits Program.

Where to file for a Military divorce?

In plain words, the court must have jurisdiction in hearing the request. It is the residency place for civilians that determines the legal jurisdiction. However, the jurisdiction in a military divorce is determined by legal residence if the individual is stationed in another location.

The following are three options for jurisdiction for military divorce personnel:

1. The state of the military personnel where the spouse lives
2. The state where the military personnel is stationed
3. The stat laws of military residency and its legality

Will the United States Military assign you a lawyer?

Depending on the military department, they will provide legal assistance in most cases. Unfortunately, they are in a consulting capacity where the experts will not represent you in court. However, their insight is beneficial. Here is how they will assist you

• Composing legal letters and their replies
• Revising and reviewing divorce documents
• Negotiating as your agent or proxy
• Answer questions on your behalf, including from your private lawyer.

The divorcing spouse can request assistance from Military-hired personnel at any time from the official branch of the Forces.

Child Custody and Spousal Support in Military Florida Boxes

There are special rules that apply to Florida Divorce Laws Military. Because the job involves constant relocation and deployments, the children may be infants. Therefore, the non-military spouse risks becoming unemployed. As a result, the United States Military is responsible for making payments resulting from the divorce.

Florida Law determines child support. However, the amount factors the entitlements such as basic pay, housing allowance, and subsistence expenses. The non-military spouse may receive a higher amount if the military spouse is constantly on deployment. This is because the military parent is not present for frequent visitation. The burden shifts to the non-military spouse.

Lastly, frequent deployments can also lower the chances of getting full custody as judges will legally decide what is in the child’s best interest.

Abandonment in Florida Divorce Laws means leaving your spouse, kids, and home behind forever. The individual will not return to their previous home. As a result, the partner takes care of the children and fulfills their emotional, financial, and physical needs. The marriage dissolution has begun.

Many couples will consider divorcing in Florida because the benefits, such as child support and alimony, outweigh the arguments. Couples will opt for a no-fault divorce because proving a fault is very expensive.

For a marriage to provide abandonment, one must prove their partner was absent for a year. Any malicious reason can cause abandonment. It is assumed that the couple will not reunite or continue being married. The disconnection can be physical or emotional too.

Types of Abandonment

Actual and constructive abandonments are the two types of marriage abandonments. The physical and emotional aspects separate the two kinds.

Actual Abandonment means leaving the house, never to return. Regardless if the partner has left their possession or belongings behind, the law considers it an actual abandonment. The legal system will charge the abandonment as criminal because the spouse is responsible for caring for the children. They cannot take off without clear answers. Furthermore, the spouse is legally obligated to care for the children even if he is financially unavailable.

The second form of abandonment is called constructive, which is emotion-based. Constructive abandonment means torturing the spouse physiologically. As a result, the bond becomes tense. Furthermore, the spouse can walk away from their marriage if the partner withholds physical contact, is an infidel, or is abusive. Constructive abandonment means the spouse does not physically work. As a result, the partner works multiple jobs to support the expenses.

Everything to know about Florida Divorce Laws Abandonment

Florida Divorce Laws Abandonment is challenging to understand for a novice. Here are a few clarifications:

• Florida Divorce Laws in Abandonment do not prioritize legal language over safety. For example, if a husband is physically harming their spouse, it is a crisis where the legal system will ensure their safety. No one will insist you live in a home where your life is in danger. Furthermore, no one will blame you for “abandoning” the marriage.
• Abandonment is not applicable if one spouse relocates for a job while the partner stays in the previous residency. However, the careerist decision can lead to marital problems that result in divorce.
• The intention to leave the house after wanting a divorce is not abandonment. However, the partner must proceed with the request, especially if it involves children. The legal system makes it challenging to appear faithful when a competent parent decides to leave his children. Resultantly, the spouse may lose custody rights.
• Therefore, if you are in a similar situation, ensure you hire a lawyer immediately after leaving your home. You can preserve some of their parental rights if you continue to support the children and the spouse financially.
• It is not illegal in Florida to get a divorce at any time without mentioning a reason. However, if you wish to be no longer married, we suggest contacting a lawyer versed in the legal language. If your council is inexperienced, the client risks losing their home, family, and possessions in case of abandonment.

Uncontested and contested divorce are the two forms the Florida divorce law offers. The contested form of divorce means the partners cannot agree on crucial matters prescribed by the Florida family law divorce statutes. These are:

• Distribution of assets/equity
• Alimony payments
• Timesharing or custody
• Child support

You must hire a lawyer with trial experience if your divorce is uncontested. They have the resources and the skills to negotiate or arbitrate a mutual settlement that benefits everyone. However, a divorce with a high capital amount is the primary source of conflict between the two parties. Therefore, the lawyer must know the skills and professionalism to contact matters peacefully. Here is everything you need to know about the contested divorce in Florida.

The Marriage Dissolution Petition

If your partner has served you with a petition for marriage dissolution in Florida, you must hire a lawyer immediately. Do not postpone that decision until the next day. From the receiving date, you have 20 days to answer the court. Therefore, the time is limited.

Filing a Contested Divorce

The laws in Florida for a contested divorce are exact and specific. Regardless of the kind or type of divorce, the Florida legal system understands it is an emotional time. Therefore, the court will propose mediation to resolve matters without hurting the relationship further.

Mediation

The primary procedure in an uncontested divorce in Florida is mediation. The unbiased third party will help the partners realize their disagreements and present suggestions to resolve matters. Mediation is far less expensive than a court trial. Here are a few benefits of mediation in a contested divorce:

1. The soon-to-be ex-partners have control over the divorce and its future.
2. The proceedings are not public as the mediator’s and their clients’ mattress is confidential.
3. Mediation takes less time. Furthermore, it is also cost-effective compared to court proceedings.
4. The mediator creates individual sessions to identify the root of all causes. The expert will not take sides and act in an amicable capacity.

A third-party negotiation resolves most uncontested divorce cases in Florida. However, if it is impossible to conclude, the matter moves to court.

How will the Trial Proceed?

A divorce trial is the final court hearing in a contested divorce. The judge will supervise the proceedings based on jurisdiction. They will provide the ultimate decision based on the facts presented by the lawyer from both sides.

However, the lawyers will prepare for the trial in court with labor-intensive and well-researched strategies. The discovery stage of gathering evidence, testimonies, and proof can take a long time. Some finish within a few days. On the other hand, some divorce cases take weeks to prepare.

How long will the Contested Divorce Proceedings Last?

There is no set timeline for how long the timeline will last. Since every divorce and its circumstances are unique, it is challenging to decide on the timeline. If the partner disagreements continue to expand, it will elongate the proceedings. Thus, costing more money. Mediation will undoubtedly shrink the timeframe for the process. However, conflicts in arbitration may cause more complications, eliminating the probability of agreement.

Having said that, the court will not over-extend the time on a single uncontested divorce case. They will move toward closing arguments between 6 months to two years from the filing date.

According to Florida, alimony is the amount paid to the previous spouse so that they can live a specific lifestyle experienced during the marriage. Florida offers different alimonies whose amounts, forms, and durations vary according to the provisions. Furthermore, the amount also fluctuates according to case circumstances.

The alimony intends to eliminate financial tension between the two partners. When it is time to decide on the alimony, the court will observe the primary earner’s ability to make payments against the partner’s needs. In short, the alimony must be significant enough, so the standard of living does not fall short.

Regardless of the duration, Divorce in Florida children has five types

• Alimony Pendente Lite grants alimony for the duration of court proceedings.
• Rehabilitative alimony is payment for training and developing skills.
• Permanent alimony is reserved for the spouse.
• Durational alimony is temporary for marriages of short and moderate duration.
• Bridge-the-gap alimony is appropriate for marriages for two years or less.

Is alimony possible without divorce?

According to Florida Statute 61.09, a spouse is legally obligated to pay alimony without marriage dissolution. In this case, the alimony is paid because the partners have separated. However, the law assumes the two partners will continue to stay in the marriage and practice the same rights with the possibility of reconciling after.

The Florida spouses must live in the state for more than six months to qualify for state divorce. However, no residency provision involves durational alimony. The spouses have a financial obligation to each other.

Florida divorce laws alimony does not require the two partners to live separately before asking for alimony. Furthermore, it is not up to the guilty party to provide alimony after separation.

Unfortunately, if the partners do not live in Florida, it will compromise the jurisdictional issue. However, if the court does not have jurisdiction, it will not implement rehabilitative alimony.

Is Paying Alimony Mandatory?

The Florida Divorce Law does not impose mathematical formulas. The judge will perform the two-part test as below:

• The test’s primary part will include assessing if the partner needs financial support.
• On the other hand, the second part involves if the partner can pay the alimony.

The most critical part of alimony is the marriage duration. Furthermore, the income ceiling matters too. In addition, the alimony will also factor in each spouse’s economic and health state. Lastly, the court will also consider the partner’s previous contributions to the marriage.

Will Adultery Influence Alimony?

As mentioned repeatedly in the conversation, Florida is a no-fault divorce state. As a result, neither side need to prove infidelity or adultery. The court only needs to know that the damages are irreversible. Therefore, adultery will not adversely influence the alimony amount.

However, if the marital assets were used to benefit the affair, the expenses will be credited to the innocent spouse. Moreover, the consumption will be considered a waste and harmful to the proceedings.

What to do if the Alimony Requires Modification?

Florida Divorce Laws in Alimony alter for many reasons categorized as unexpected, material, or substantial. Moreover, the modification can increase, reduce, or end the alimony altogether. The petition to change rehabilitative, durational, and permanent alimony is filed where the original case was heard.

Modify when the Income Changes

The alimony may change if the partner dies or re-marries. The alimony may also change if the partner enters into a long-term relationship. However, the section empowers the individual to terminate the alimony because of unemployment. The final decision rests with the court after assessing the financial situation.

Modify because of Remarriage

The financial circumstances alter when the partner is in a supportive relationship. It may also alter financial resources. Thus, requiring alimony modifications.

However, Florida Divorce Laws in Alimony have made it clear that a domestic partner is not the same as a spouse. Therefore, the obligations toward the former spouse remain unchanged. The court will assess the new relationship for alimony modification. The legal system will study the following factors:

• The circumstances of the previous marriage include a name change, long-term marriage, and other marital rights.
• The net income of the parties and their polled cash reserves.
• The form of relationship between the recipient or other spouse.
• Childcare situation and academic requirements when the partners when married.

The property laws for distribution vary according to the state. However, Florida Divorce Laws insist on a fair distribution of all property and assets between the partners. If a judge believes the 50-50 distribution does not apply to the divorce circumstances, the court will study the following factors:

• The marriage duration
• The economic circumstances of each partner
• Disturbances in spouse’s career or educational advancements.
• The contribution to the marriage by each partner for titles such as parent or homemaker.
• The career or academic opportunities for the partner by their spouse.
• The contribution to an income increase
• Wrongful acts during the marriage
• The contribution of the partners toward marital and non-martial assets
• Each partner’s liabilities
• Spouse’s intention to waste, destroy, or depreciate marital assets after the petition was filed or two years before filing.

Who gets the House in Florida after Divorce?

A court will not order the partners to split their residency. However, the judge may order one spouse to own the property after buying out the remaining shares from their ex-partner. However, the legal system can also insist that the couple sell the home and divide the money. Lastly, the judge can also ask one of the spouses to live in the home temporarily.

The court will ensure the decision benefits the children who are still studying. Therefore, the judge will grant the house to the custodial parent. The house will provide the children with a stable environment. In legal terms, a custodial parent is a parent that lives with the children.

Some couples mutually agree to divide the assets. On the other hand, some couples seek legal assistance using lawyers or mediators. If the couples cannot decide, the Florida Divorce Laws property comes into action to decide for them.

Non-marital and Marital Asset Distribution

The Florida legal system will divide the debt and the assets between the partners who seek divorce. Marital assets are belongings the partner owns or purchased together or separately. The assets are IRAs, pensions, 401ks, and pension funds. Other assets are annuity, differed assets, compensation, and insurance plans.

A non-marital asset is possession of the spouse:

• Owned before entering the marriage contract
• The partner received the asset during marriage as a gift.
• The assets came through inheritance.

What are separate properties?

Florida Divorce Laws Property defines separate properties such as:

• Debts and belongings are mentioned in prenuptial contracts.
• Rental income from properties
• The items purchased from the proceeds of selling the property

When the separate properties increase in value during marriage through contribution, the value increases in marital properties too.

The spouse can alter the title from non-marital to marital with a title change. It shifts from individual to joint ownership. However, the process of changing the title holds immense importance. The Florida Divorce Law assumes the personal properties the partner owns are jointly owned, regardless of before or after marriage. However, the partners’ owner must provide clear proof before claiming ownership. Therefore, the deed must be assessed before presenting an argument.

Commingling properties combine separate and marital possessions. Some partners combine assets. For example:

• A bank account before marriage becomes a joint property if the other spouse makes deposits.
• A house one partner owns becomes a joint property when both spouses live in it.
• The property is jointly owned if both parties pay the mortgage.

If the couple cannot reach a conclusive decision, the judge will decide according to the nature of ownership. The legal system will analyze the commingled or single-member ownership. The nature of ownership is a complicated matter that requires legal assistance.

How are debts distributed in Florida?

Florida Divorce Property Laws will divide couples’ debts according to equal distribution. The court will provide a monetary value to the assets after categorizing them as separate and mixed. Secondly, couples who cannot assign a monetary value can hire a professional appraiser. They can hire CPAs to assign market value. However, assets such as retirement and savings accounts are difficult to assess.

The fair representation of property is crucial in well-handling a divorce. The laws treat debts like assets. A judge intends to divide a debt equally. However, this is not a permanent rule. If one of the partners earns a lot and has a rewarding job, they will be awarded the majority of the debt to ease the balance.