Florida Divorce Law: Important Things to Know
September 24, 2018
Florida Divorce Requirements
If you’ve made the decision to file for a Florida divorce, either you or your spouse are required to be a Florida state resident or a member of the armed forces and stationed within the state.
When both parties feel there are irreconcilable differences, ending the marriage can be agreed upon in writing. If you have a child or your spouse says the marriage can be fixed, the Florida courts may order counseling for up to 3 months.
How to Begin Filing for a Florida Divorce
Florida divorces are often referred to as “dissolution of marriage,” and officially start when you file a “Petition for Dissolution of Marriage.” The petition can be filed at the local circuit court. After filing the spouse will be served with paperwork and allowed time to respond. If the property, debt, and time-sharing/parental responsibilities can be agreed upon, the divorce can be finalized without going to trial. If these issues can’t be sorted out, the court will schedule a hearing for a future date.
Equitable Distribution
Marital assets are the belongings that were acquired during the marriage. In a Florida divorce, the assets will be divided up fairly between both parties. Non-marital assets are belongings retained before the marriage, and each party will retain theirs, respectively.
Dividing of Marital Property
Unless there is basis for separating property unequally, the judge will typically divide marital assets equally. The judge will weigh the economic circumstances and contributions to the marriage by both parties. Child care and the home will also be considered.
Alimony
Alimony is implemented for spouses to continue supporting each other financially beyond the marriage. In a Florida divorce, the judge looks at several factors in determining alimony including how long the marriage lasted, and what the living conditions are for each party.
Time Sharing
In a Florida divorce, the court’s focus is to determine a time sharing arrangement that is in the best interests of the child(ren). If both parents or guardians can’t come to an agreement, the court will usually grant a time-sharing arrangement. Unless there is a situation where custody from one parent could be detrimental to the child, the court prefers that both parents are in the child’s life. Occasionally, the judge will grant certain aspects of the child’s welfare to one party, such as the residence, education, or health care. Each parent’s ability to provide for the child and their moral fitness, as well as other factors, will be taken into consideration when making a custody decision.
Child Support
Judges use child support guidelines to determine the child support for each parent in a Florida divorce. The guidelines factor in the incomes, child care costs, and the child’s health care. The standard needs table provides standard amounts depending on the child’s age and the incomes of both parents.
Required Documents
In order for the court to determine how to divide both parties’ assets, there are a series of documents that are required. You will need tax returns, mortgage documents, and bank statements. Make a list of all family possessions and valuable household items, and create a household budget for the court to determine how much support can be paid and if either party can afford the marital home.
Debt
Debts in a Florida divorce are divided equitably, just like assets. Any debts that existed before the marriage will not be considered and will belong to the respective party. If there’s a co-signed mortgage, the court may order the debt be split. The mortgage may be reconfigured to make the residing party the sole owner.
Taxes
A divorce for Florida residents will change the tax situation. It may be helpful to hire an accountant and attorney to avoid making mistakes while filing for divorce. Alimony payments, dependency deductions, and more may affect your tax filing status.
Florida Divorce? Call Jodat Law Group
If you are interested in filing for a Florida divorce, contact the experienced and local trusted attorneys at Jodat Law Group. We offer a free consultation with our attorney to evaluate your case. Contact us today to schedule your appointment!
Who’s That? Jodat!
