Florida State Divorce Law

In Florida, those who wish to file a Petition for Dissolution of Marriage in the Florida Circuit Court must have lived in the state 6 months before the filing date.

Florida Grounds for Divorce

Florida has abolished any form of fault on the part of one or both parties in a divorce. As a no-fault state, the only two grounds for divorce are:

• A marriage that is irretrievably broken
• The mental incapacity of one of the partners

Uncontested Divorce in Florida

Uncontested divorces may take one of two paths, a simplified course or a regular course. Those who choose to pursue a simplified divorce must agree about all elements of division of assets and liabilities. In addition, they must agree to:

• Waive all rights to alimony
• Forego any right of a trial or appeal
• Attend a short court hearing to finalize the paperwork and decree

For those who do not wish to participate in the divorce proceedings, but do not wish to contest them, they can either sign the divorce papers in an uncontested divorce, or ignore the papers and give their spouse a divorce by default.

Contested Divorce in Florida

If the negotiations between the partners fail, or the initial response from the respondent party is to contest the divorce, the parties will need to retain lawyers and either attempt to negotiate a settlement with the help of these unbiased legal consultants, or take the case to court for a judge’s ruling.

Annulment in Florida

In order to have a marriage legally decreed as void, it must be proved that one or more of the following grounds exist:

• Underage marriage, by someone under 18 years of age without parental consent
• Marriage while under the influence of drugs or alcohol
• Physical disability which restricts the sexual life of the marriage
• Fraud or duress
• Mental incapacity, either partial or total

No Fault Divorce in Florida

Florida is a no-fault divorce state, which means that no one can base a divorce petition on the other party’s fault.

Florida Fault Divorce

Florida is a no-fault divorce state; therefore, fault-based divorce does not exist in the state.

Florida Divorce and Child Custody

Child Custody Laws

All decisions pertaining to the custody of a child of divorce are to be based on the best interests of the child. Even if the child is not present in the state at the time of the custody decision, and it is possible that the child was removed from the jurisdiction to avoid observing the custody decision of the court, the court will determine custody based on the Uniform Child Custody Jurisdiction and Enforcement Act:

• Ensuring that both parents have ongoing, frequent contact with the child
• Encouraging both parents to share in parenting obligations and responsibilities
• Giving both parents the same consideration in their decision, regardless of gender

Child Alimony

In Florida, child support is based on the Income Share Model and generally calculated using a Child Support Worksheet, with the goal of providing an equitable amount of support from both parents. The factors courts use to determine child support include:

• Excessive medical, educational, or psychological needs of the child
• Any finances the child may possess
• The income of a custodial parent receiving both child and spousal support
• Variations in income due to seasonal influences
• The child’s age
• Any family special needs
• Any prior parental arrangements
• The total assets of parents and child
• The tax implications for the custodial parent
• Other pertinent influences

Florida Divorce Spousal Support

Spousal support can influence, or be influenced by, the disposition of property in the divorce settlement. Support is often determined in court by a judge if a couple cannot agree on the elements of their divorce settlement. Support is often determined by the economic need and abilities of the parties involved, and it is determined on a case-by-case basis.

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Florida

Spouses in the military are protected by Florida law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From A Florida Divorce Lawyer?

While Florida is a no-fault divorce state, many couples have difficulties agreeing on the vital elements of their divorce settlement. In some cases, that is because there are many complex elements to consider. In others, it is because the couples need an unbiased legal advisor that can help them come to an equitable agreement within the boundaries of Florida law. Divorce attorneys who have a good track record of successful settlements can provide the kind of advice couples facing a contested divorce need.