Child support:  Child support is set in accordance with the Florida child support guidelines.  Each parent is required to complete a financial affidavit which will determine each parent’s net income. From this net income the guidelines indicate the minimum child support figure as well as a percentage obligation for each parent. The non-custodial parent pays the child support to the primary residential parent or the custodial parent. Work related child care costs, health insurance costs and uncovered health care treatment are included in the formula for child support.

Alimony: Alimony or spousal support may be granted to either the husband or the wife. The primary criteria for an alimony award is the financial need of one spouse and the ability of the other spouse to pay. There are a number of additional factors that are considered to determine whether alimony should be required such as the standard of living that was established during the marriage and the length of the marriage. Alimony can be permanent, a lump sump amount or rehabilative to help the payee spouse obtain additional training or education.

Property Division:  Once marital assets and debts are identified the court begins with the premise that the division should be equal, unless there is a justification for unequal division of property based on factors such as the length of the marriage and the contribution of both spouses to the marriage.. Florida is an “equitable distribution” state thus the marital property will divided in a fair or equitable fashion not necessarily equal. Any assets acquired or debts incurred during the marriage by either spouse may be classified as marital including retirement benefits.

Requirements for divorce in Florida:

1. Either the husband or the wife must reside in Florida for six months before the filing of the petition for dissolution of marriage (divorce petition); and

2. The marriage is irretrievably broken or one of the parties has been adjudged mentally incapacitated for a period of 3 years or more.

When a marriage has come to an end, it is best if the couple can decide the terms of the divorce. If the couple agrees upon all issues and both parties are willing to cooperate, then a Marital Settlement Agreement can be signed and an uncontested divorce may be filed in court. This process is generally faster, cheaper, and less tolling on the emotions.

However, many divorcing couples are unable to proceed with an uncontested divorce and will therefore proceed with a contested divorce.

Petition

In a contested divorce a petition for dissolution of marriage is filed with the court by the Petitioner. The Petitioner can be either the wife or the husband. Once the petition is filed, it will have to be served upon the Respondent by either the Sheriff or a process server.

Answer

The Respondent has 20 days from the date of service to file a response, known as an Answer, in court. If the Respondent fails to file an Answer in court within 20 days, then a default can be entered by the court and a final hearing can be scheduled where just the Petitioner will appear.

If the Respondent files an Answer as required, then, typically, each side will be required to disclose information. The information disclosed is mostly regarding financial matters and this is called Mandatory Disclosure. 

Negotiated Settlement, Mediation or Judge’s Decision

The attorneys involved will typically attempt to negotiate a settlement and if negotiations fail, the parties will attempt to settle all issues at the Mediation. If there is not a settlement in Mediation then there will be a final hearing where the judge will rule on the issues and grant the divorce.

When considering a divorce there are number of issues that need to be addressed. Our divorce attorney will answer your questions, advise you of your rights and protect your rights.

Child custody and visitation
Any decisions regarding a child is determined based on the best interest of the child. Florida encourages both parents to have a relationship with the child unless it is to the detriment of the child. Typically the parents will have shared parental responsibility where both parents share in decisionmaking for the child.  Typically, the home of one parent is designated the child’s primary residence. The other parent is generally granted reasonable and liberal visitation or timesharing.