Florida Divorce Laws

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The laws for divorce in Florida give a detailed explanation about the legal provisions concerned to the issues like child custody, child support and alimony. Also, the controversial matters like property distribution and child visitation are handled by the directions provided in the Florida divorce laws.

Residency conditions in Florida divorce laws

A person should complete a residency period of minimum six months in order to be eligible to file an application for divorce. This requirement can be fulfilled by the other spouse if the petitioner is currently residing in some other state. The final order of the divorce must be issued after the period of twenty days under normal circumstances. However, the court may decide the date according to its discretion for some special cases. Some other aspects of Florida divorce laws are mentioned below.

Florida Divorce Laws regarding child custody

Child custody is an important issue in the divorce procedure. The parents having minor children are expected to submit an agreement regarding the parenting plan and custody of children. If there are any disputes between parents regarding this matter, then the court steps in and decide what suits the children in a best manner. The Court ponders over the following before awarding child custody:

  • Proof of child abuse or domestic violence
  • Proof that one of the parties has purposely offered misleading data to the Court about domestic violence
  • The capacity and readiness of either parent to inspire and facilitate a healthy relation between the other parent and the child
  • If the Court thinks that the child has enough experience, understanding and intelligence to make a preference, then the reasonable preference of the child is considered
  • The record of the child in community, in school and at home
  • The physical and mental state of the parents
  • The moral fitness of the parents
  • The permanency of the proposed or existing custodial residence
  • The duration for which the child has resided in a satisfactory and stable ambience and the wish of continuing the same
  • The ability and inclination of the parents to offer the child medical care, clothing, food, other material needs or other remedial care as per the laws of the state
  • The emotional ties, affection and love that exists between the child and the parents
  • The willingness of one parent to permit continued and frequent contact amongst the child and other parent
  • Any other fact that is thought to be relevant by the Court

Florida divorce laws regarding spousal support

The alimony granted to one of the parties may be permanent or rehabilitative. The payments to be offered may be a lump sum amount or periodic. Any adultery committed by either spouse and the circumstances for that may be considered by the Court while deciding alimony. The Florida statutes 61.08 are the legal codes of awarding alimony. Some of the issues taken into account by the Court while determining spousal support are as follows-

  • All sources of income of both parties
  • The contribution of both partners when married, like career building of the other partner, education, child care and homemaking
  • The duration essential for the partner to attain enough education or training to seek suitable employment
  • The marital and non-marital liabilities and assets offered to each partner
  • Emotional state, physical condition and age of both partners
  • The period of marital life
  • The standard of living enjoyed while being married

Property distribution

The marital property consists of the assets earned by the partners during the period of marriage. The marital property may include debts and liabilities to be paid by both partners. The Court intends to divide the property equitably, unless it is justified that unequal distribution is proper on the basis of issues like -

  • The purposeful destruction, depletion, waste or dissipation of marital assets after the petition was filed or two years prior to the filing. A partners contribution towards the educational chances or personal career of the other partner
  • Any interruption in the educational chances or personal careers of any of the partners
  • The period of marital life
  • The financial condition of the partners
  • Contribution of both partners while attaining, enhancing and producing income
  • Other issues that the Court finds essential for justice and equity amongst the parties

In this way, the role of the Florida divorce laws in the divorce procedure can be explained. The information about the legalities related to divorce is required to be understood for a divorce to happen in an appropriate manner.

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