Navigating a divorce is never easy, no matter how amicable. Divorce is an emotional process for everyone, and divorce laws can be complex. Not only is each divorce unique, but each state has its own processes and legal requirements.
For couples navigating a divorce in Florida, understanding the state-specific laws and processes allows them to make decisions for their family’s financial future and childrens’ best interest. At Melone Hatley, P.C., we believe that our clients receive the best outcomes when our experienced Tampa family law attorneys ensure a thorough understanding of the options, responsibilities, and potential consequences of choices.
Dissolution of Marriage
In Florida, while “divorce” is still most commonly used, the process is legally referred to as “dissolution of marriage.” The process is much more than just ending a relationship. It is the resolution of a legal contract that must address both parties’ rights and responsibilities to ensure fairness, equity, an justice.
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Residency Requirement
Residency requirements establish a state’s legal jurisdiction over divorce matters. To file for divorce in Florida, one spouse must have been a legal resident of Florida for at least six months prior to filing.
The divorce process begins when one spouse, called the petitioner, files a Petition for Dissolution of Marriage with the court where either spouse lives. The other spouse, called the respondent, is served with the petition and then has 20 days to respond.
Grounds for Divorce in Florida
Florida is considered a no-fault divorce state. This means that spouses are not required to place blame or prove the other was the cause of the breakdown of their marriage. Spouses also do not have to be separated for a period of time before a dissolution of marriage. In some cases, parties may be living within the same home when the divorce begins.
The most common grounds for a divorce in Florida occurs when one spouse believes and states in their petition for dissolution of marriage that the marriage is “irretrievably broken.” Divorce proceedings in Florida don’t require both spouses to agree to its terms or even to the divorce itself. This means that even if one spouse wishes to remain with the other, the dissolution can go forward where the other spouse believes that the marriage is irretrievably broken.
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Contested Vs. Uncontested Divorce in Florida
While a no-fault divorce doesn’t require blame, it can still result in many disputes over its terms. If soon-to-be former spouses agree, on everything, down to the last penny, then the process will proceed as an uncontested divorce. If both spouses cannot come to a full agreement on their own or through negotiation with their attorneys, the divorce is considered contested and may require the court to make important decisions for them.
One of the ironies of divorce is that a couple who no longer wishes to be together must invariably agree to the terms by which they are ending their marriage or present evidence on why they believe they are entitled to more than what the law would otherwise give them.
Contested Divorce
A contested divorce is one where spouses cannot agree on one or more issues regarding their divorce. When there are significant disputes, especially concerning the couple’s marital assets or their children, court intervention may be necessary to ensure a fair and just resolution for both parties. However, divorce can begin as a contested divorce but become an uncontested one at any point during the process if both spouses can reach a mutual agreement together or through negotiation between their attorneys.
Uncontested Divorce
An uncontested divorce occurs when both spouses can come to an agreement regarding all the major issues related to their divorce. These include the division of their marital property, the custody and support of their children, and whether spousal support is warranted.
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How is Marital Property Divided in Florida?
Florida follows the “equitable distribution” principle when dividing marital property during a divorce. While not an even 50/50 split, equitable distribution considers many factors specific to the couple’s marriage that determine a fair division. While marital property must be divided between spouses, each party will keep their separate property. As of July 1st, 2024, the Florida Legislature modified Florida’s equitable distribution statute. Having an experienced Marital and Family Law attorney that understands these changes is essential to the process.
Marital Vs. Separate Property
All assets and debts acquired during the marriage count as marital property in Florida. This includes all income, real estate, cars, personal property, investment accounts, retirement accounts, joint bank accounts, credit card debt, mortgage and loan liability, and other assets or debt incurred during the marriage.
Separate property is any assets and debt incurred by either spouse before the marriage or after a separation or divorce filing. A gift or inheritance received by one spouse alone will also be considered separate property unless it has become commingled with other marital funds.
Can Spouses Agree on Their Own Division of Marital Property?
If divorcing spouses have a valid prenuptial agreement or can come to an agreement on their own about property division, the court will not need to make these decisions. A written and signed agreement by both parties can be submitted to the court. A judge will review the agreement to ensure fairness and, upon approval, the agreement will be included as part of the final judgment.
How Does Equitable Distribution Work in Florida?
The Court must start from a place that the division of assets and debts should be equal. If the court is involved in making property division decisions about an unequal distribution of assets then it will consider the following factors:
- Contributions to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
- Economic circumstances of the parties.
- Duration of the marriage.
- Interruptions of personal careers or educational opportunities of either party.
- Contributions of one spouse to the personal career or educational opportunity of the other spouse.
- Desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
- Contributions of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
- Desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
- Intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
- Any other factors necessary to do equity and justice between the parties.
Who Gets the Marital Home in a Florida Divorce?
In most cases, a couple’s most valuable asset is the marital home. Consequently, it can be the focus of many property division disputes. Generally, a marital home will be sold as part of a dissolution of marriage if the parties cannot come to some other arrangement. This is called a “partitioning” of the property. However, there are instances where the Court may give one party the minor home. It’s important that an experienced family law attorney provide legal advice based on the facts and circumstances of your individual case.
How is Child Custody Determined in a Florida Divorce?
Like most states, Florida has laws governing legal jurisdiction in child custody matters. Unlike other states, Florida has removed the term “custody” from its laws. It has divided up the aspects of custody into “parental responsibility” and “timesharing.” Parental responsibility is a parent’s right to make decisions about their child. Timesharing refers to which parent will spend time with the minor child.
Florida courts generally have legal jurisdiction when a child has lived in the state with a parent for at least six months before the beginning of the divorce proceeding.
The state of Florida encourages shared parental responsibility and joint decision-making whenever possible. However, when parents cannot come to a mutually agreeable parenting plan, the court will need to make this decision based on what it believes will be in the child’s best interests.
When deciding child custody, Florida courts will consider many variables, including
- The age and needs of the child
- The child’s relationship with each parent
- Each parent’s ability to provide a safe and stable environment for the child
- The mental and physical health of both parents
- The child’s home, school, and community history
- Each parent’s willingness to foster the child’s relationship with the other parent
- Any history of serious substance abuse
- Any history of domestic abuse or neglect
How is Child Support Determined in a Florida Divorce?
Both parents have a legal obligation to provide financial support for their children. Consequently, both parents’ incomes will be used to calculate child support in Florida.
Florida follows the Income Shares Model in determining child support. This model attempts to estimate what a couple would normally have spent on the child had they remained together and then divides it proportionately based on each party’s income.
The court will look to the Florida Child Support Guidelines to determine the amount of child support and craft a fair child support order. These guidelines consider both parents’ gross incomes, deducting certain expenses and costs to arrive at a total net income amount. A percentage of the total obligation is then assigned to each parent. Typically, the noncustodial parent pays the custodial parent their share of the child support obligation each month.
Alimony in Florida
Alimony, or spousal support, may be awarded by the court to a dependent spouse based on that spouse’s need and the paying spouse’s ability to pay.
In Florida, the law recognizes several types of alimony, each intended for a different purpose.
- Temporary or pendent lite alimony – This award is pending a divorce proceeding and will be terminated or replaced with another type of alimony upon the formal divorce decree.
- Bridge-the-gap alimony – Considered a transitional alimony, a bridge-the-gap award is designed to help a dependent spouse transition from married to single life by allocating specific resources to pay for foreseeable and identifiable expenses short-term.
- Rehabilitative alimony – This award is designed to assist a spouse who needs to pursue new skill training or further education to become employable and self-sufficient.
- Durational alimony – Often awarded in short or moderate-term marriages, durational alimony may be awarded based on the length of the marriage, not to exceed the marriage’s duration.
- Permanent alimony – Permanent alimony was eliminated by the Florida Legislature in 2023.
Florida courts will consider many factors when making alimony decisions, including the length of the marriage, the age and health of both spouses, each party’s financial resources and earning capacity, what contributions both made to the marriage and the couple’s standard of living while they were married.
Getting Skilled Legal Advice and Guidance
A divorce can significantly impact your and your family’s future. Without serious legal guidance, you potentially risk accepting a divorce settlement that does not fully consider your long-term best interests.
At Melone Hatley, P.C. our experienced Tampa family law attorneys are dedicated to your legal rights and best possible outcome, ensuring you remain well-informed and professionally guided and represented each step of the way. If you are considering or navigating a divorce in Florida, let us help. Schedule a free consultation by calling us at (813) 742-5643 or through our online contact form.
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