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Florida
Divorce Laws
We only provide this
information as a courtesy. This is not meant to replace legal advice.
RESIDENCY
REQUIREMENTS
One spouse
must be a resident and have been a resident for at least 6 months
prior to filing for divorce.
The Divorce
can be filed in either county where the spouse resides.
GROUNDS
No-Fault:
Irretrievable breakdown of the marriage.
LEGAL
SEPARATION:
Legal Separations
are not filed in Florida. You can, however, file for spousal or
child support.
SIMPLIFIED
DIVORCE:
If both
parties agree to the divorce and there are no minor children, a
simplified divorce may be filed. Both parties will need to go to
the court to file a simplified divorce.
All Florida
family law cases must be filed on court approved, state mandated
forms.
PROPERTY
DISTRIBUTION:
If both
parties cannot agree on how to divide the marital property, the
court will decide based on equitible distribution. Both parties
may sign a Marital Settlement Agreement which stipulates how they
want the property to be divided.
Fault in
a divorce or marital conduct does not play a role in equitible distribution
in Florida.
CHILD
ISSUES
Parties
may agree on child custody, either joint custody (shared parenting)
or sole custody. If the parties cannot agree on custody issues,
the court will decide what is in the best interest of the children.
Florida
has child support guidelines. If the parties agree on a child support
amount and it deviates from these guidelines, a special form must
be filed asking the court to grant the deviation.
If parties
cannot agree on a child support amount, the court will decide, using
the Florida Child Support Guidelines.
Factors
including healh and dental insurance, child care costs, and extraordinary
medical costs will be factored into these calculations.
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Your Florida Divorce Package Now $99.94
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