DIVORCE 

1.  Requirements for Florida Divorces

 

If you or your spouse has decided to file for divorce in Florida, at least one of you must be a resident of the state or a member of an armed force stationed in the state. If both you and your spouse agree that there are "irreconcilable differences," and there should be a divorce, you can agree in writing to end the marriage. If one of you denies that the marriage is broken beyond repair or you have a child, the court may order counseling with a marriage counselor, priest or rabbi, or psychologist for up to three months. 

 

2. The Process of Initiating Divorce for Florida Residents

 

Florida divorces legally begin when you or your spouse files a "Petition for Dissolution of Marriage" with the Family Department of the local circuit court. The court serves the other spouse with the paperwork and gives him or her time to respond. If both you and your spouse agree on how to divide property, debt, and responsibilities children, the divorce can be finalized without a trial. Otherwise, the court will assign a time for a hearing. 

 

3. Meaning of Marital Assets

 

Any assets and debts amassed during the marriage, referred to as "marital assets," will be divided "equitably," or fairly, upon divorce. Individual assets acquired prior to marriage may be considered "non-marital assets" if they were kept separated from property acquired during the marriage and can be retained post marriage. 

 

4. Division of Marital Property

 

The Judge will divide assets equally unless there is a basis for unequal distribution. The judge will consider both you and your spouse's economic circumstances and the contributions each of you made to the marriage (including care for children and your marital home). If either you or your spouse wants to keep your marital home to live in with a child from the marriage, this may be a factor for unequal distribution. 

 

5. Alimony

 

Alimony is an extension of the obligation for spouses to support each other financially during the marriage. In Florida divorce laws, a court can order alimony if it is "well-founded", taking the standard of living during the marriage; length of the marriage; and the age and physical condition of each spouse into account.

 

6. Child Custody 

 

If you and your spouse are unable to reach a child custody agreement, the court will declare a ruling based on the "best interests" of the child. The court will usually grant shared responsibility unless doing so would negatively impact the child's upbringing. In some cases, the court will deem one parent responsible for certain aspects of a child's welfare, such as primary residence, education or medical care. 

 

7. Child Support

 

Florida divorce laws include child support guidelines for Judges to determine how much child support is to be paid. In doing so, the court assesses income for both parents, as well as the health and general care costs for the children. Floridas standard needs table lists reflect dollar amounts based on the child's age and the parents' income. The court can also set aside joint or separate assets of the parents in a trust or fund for future support and education for the children. 

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8. Come Prepared With These Documents

 

In order to divide assets, the court needs a comprehensive list of all jointly owned property along with copies of tax returns, bank statements, mortgage documents and any other available financial information. Being prepared from the get go saves time and money down the road. A comprehensive household budget should also be prepared as it will help the court determine how much temporary support should be paid, as well as help to ascertain if either party can realistically afford the marital home on their own. 

 

9. Where Does The Debt Go?

 

Debts incurred before the marriage, such as educational debt, is not considered while dividing debts. Just as with assets, the debts will be divided equitably. If there is a home mortgage, the court may order both of you to split the debt; if you stay in the home, the mortgage may be restructured to make you the sole owner and borrower. 

 

10. Taxes, Taxes, Taxes

 

Be advised that divorce proceedings may affect property transfers, taxability of alimony payments, and dependency deductions for children. Avoid missteps and mitigate risk by working closely with an accountant along with your lawyer to be sure you don't make irreversible mistakes during divorce proceedings.