Top 10 Things to Remember About Divorce in Florida

Divorce can be a challenging and emotional process, especially when navigating the legal landscape. If you’re considering or going through a divorce in Florida, understanding the basics can help ease some of the stress. Here are the top 10 things to remember about divorce in Florida:

1. Florida is a No-Fault Divorce State
   Florida operates under a no-fault divorce system, meaning neither spouse has to prove wrongdoing (like infidelity or abuse) to get a divorce. The only requirement is to state that the marriage is “irretrievably broken,” which simply means the couple can’t resolve their differences.
   
   
2. Residency Requirement
   To file for divorce in Florida, one of the spouses must have been a resident of the state for at least six months before filing. This residency requirement ensures that Florida courts have jurisdiction over the divorce case.
   
   
3. Equitable Distribution of Assets
   Florida follows the principle of equitable distribution, meaning marital assets and debts are divided fairly but not necessarily equally. Courts take into account various factors, such as the length of the marriage, the contributions of each spouse, and the financial circumstances of both parties when dividing assets.
   
   
4. Alimony May Be Awarded
   Alimony, or spousal support, may be awarded to one spouse based on factors like the length of the marriage, the standard of living during the marriage, and each spouse’s financial situation. Florida recognizes several types of alimony, including temporary, bridge-the-gap, rehabilitative, durational, and permanent alimony.
   
   
5. Child Custody is Called Timesharing
   In Florida, child custody is referred to as timesharing. The state prioritizes the best interests of the child, and courts encourage both parents to be actively involved in the child’s life. A Parenting Plan is required, outlining the timesharing schedule, decision-making authority, and other key aspects of the child’s upbringing.
   
   
6. Child Support is Based on Guidelines
   Florida uses a standard Child Support Guideline to calculate payments based on factors such as each parent’s income, the number of children, and the amount of time the child spends with each parent. The goal is to ensure that children maintain the same standard of living after the divorce.
   
   
7. Mediation is Often Required
   In most Florida divorce cases, the court will require the couple to attend mediation before going to trial. Mediation allows both spouses to negotiate terms like asset division, alimony, and child custody with the help of a neutral third party, potentially avoiding a lengthy court battle.
   
   
8. No Waiting Period
   Florida law does not require a waiting period to get divorced however there must be at least 20 days past from the date of filing before the court will sign off on even an uncontested dissolution.
   
   
9. Marital vs. Non-Marital Assets
   Only marital assets are subject to division in a Florida divorce. Non-marital assets, such as property owned before the marriage or inherited by one spouse, typically remain with that spouse. However, if non-marital assets were co-mingled with marital assets, they may become subject to division.
   
   
10. Divorce Can Be Amicable or Contested
    A divorce can either be uncontested or contested. In an uncontested divorce, both spouses agree on the terms and file paperwork without needing a trial. In a contested divorce, unresolved disputes over assets, child custody, or alimony require the court’s intervention.
    
    

Conclusion
Understanding the basic principles of divorce in Florida can help you navigate the process more smoothly. Whether you’re preparing for an uncontested divorce or facing a contested one, keeping these key points in mind will ensure you’re well-prepared for the legal and emotional journey ahead. Call us at Rhoden Law Group for a complimentary consultation about your particular situation. We’d love to help you talk it out.