FL Divorce LawsAccording to Florida laws, either of the spouses can file for a divorce in the event that a marriage as suffered an irretrievable breakdown. This means that couples or one of the spouses can file for divorce if they think there is no possibility of reconciliation, or in the event that one of the parties has suffered mental disability for a period of three years or more. However, the law does not necessitate that the person filing the divorce should prove that the other party was at fault. Divorce proceedings often get tricky and complex, between trying to win the child custody battle and ensuring that you get your share of property. Approaching an experienced divorce attorney may give you the upper hand during the process to ensure an equitable outcome.
See also: How to File for Divorce in Florida
Florida practices equitable distribution. The court rules the distribution of property between the two parties in an equitable and fair manner. Marital property may include real estate assets, personal possessions, debts and income obtained during marriage. The court will take into account numerous factors before arriving at the judgment. The property division may even be unequal if the court believes that the presented facts and information justify it. An alternative is where couple can decide themselves as to who receives what share of the property.
Florida courts enforce child custody orders that are in the best interests of the child, without discriminating the decision based on gender of the parent or child. The court uses a number of factors such as the ability of the parents to provide for the child’s needs, the ties between the parents and the child, the child’s ability to adjust to community, school and home, and others. The court then orders a primary residence for the child, while providing a visitation schedule for the other party. Parents can even meet court-appointed psychologists before developing parenting plans.
Courts in Florida arrive at the appropriate child support amount in accordance to the state guidelines. These payments are supposed to be made until the child reaches an age of 18, unless an order is sent out by the court to do otherwise. During the divorce proceedings, the court may ask the parents to enroll the child under health insurance, and jointly cover medical expenses that are not furnished through insurance. Any order related to child support is enforced with the help of the Child Support Enforcement Bureau, in Florida. To make changes to a prevalent order on child support, you or your spouse should be able to prove substantial changes in the financial status or other circumstances that affect the child support.
The court may grant permanent or temporary alimony to one of the spouses if it finds a need, provided the other part can pay the same. The court takes into account numerous factors before judging whether one of the divorcing parties needs an alimony, which includes but is not limited to length of marriage, earning capacities, and financial resources. The court may also consider situations of adultery, if there have been any. If the financial situation of either of the spouses shows a significant change, they can approach the court to have the alimony modified.
If you have any questions about understanding FL divorce laws or would like to speak to us about your options, please contact us at (813) 518-7411. We represent clients during stressful and difficult times in their lives. We are empathetic, responsive, and push for a quick resolution. We look forward to helping you resolve your issue quickly, fairly, and in a way that will help you to return to the stable, predictable life that you deserve.