Florida Divorce Tips

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Florida like other states in USA has laid down its own rules and regulations pertaining to divorce. Although divorce in Florida is comparatively easy and quick, you must know the major Florida divorce tips so that you gain a good knowledge of your case before proceeding for the legal formalities. In Florida, you can easily get divorce once your marriage is 'irretrievably broken'. Also, it has to be proved that one of the divorcing partners has been living in the state continuously for a period of 6 months preceding the date on which the papers are filed.

Before going to the specific divorce tips, let us brush up some basic tips that will help you to a greater extent:

  • Many issues center around finance, so prepare a complete financial affidavit that includes information about your bank accounts, savings, expenses, credit card statement, loans and debts, tax returns, etc.

  • Apart from finance, put your focus on the best interest of your children. Think about child custody and visitation rights.

  • While you are in the court room you shouldn't loose your temper. Don't let your emotions run high resulting in some not-so-good behavior on your part.

  • Be careful about the recorded statements. In contested divorce, telephone calls, email replies and answering machine messages are recorded. Don't let the court know anything that can harm your future.

Some fundamental Florida Divorce Tips

  • A person, who desires to play the role of a Guardian Ad Litem, must satisfy one of the following conditions:
    • Must be certified by the Guardian Ad Litem Program to act in family law cases
    • Must be an attorney and in good standing at the Florida Bar

    The Guardian Ad Litem Program must execute a security background investigation as mentioned in s. 39.821 before certifying a guardian ad litem.

  • As said earlier, finance forms an important aspect of Florida divorce tips. When gross income of the obligor and obligee is calculated, some of the items that are taken into consideration are as follows:
    • Gains derived from dealings in property, except when the gain is non-recurring
    • Reimbursed expenditure or in kind payments that decrease living expenditure
    • Income obtained from estates, trusts and royalties
    • Rental income (this is the subtraction of gross receipts and ordinary and necessary expenses)
    • Interests and dividends
    • Spousal support due to a previous marriage
    • Social security benefits
    • Annuity payments, retirement, pension
    • Unemployment compensation
    • All workers compensation benefits and settlements
    • Disability benefits
    • Business income from sources like independent contracts, close corporations, self employment, etc.
    • Tips, overtime, allowances, commissions, bonuses, etc.
    • Wages or salary

  • The Department of Children and Family Services recommends a parenting course of minimum four hours span. The intent of this course is to educate, train and assist divorcing parents about the impact of divorce on children and parents.

  • After the date of filing of the original petition for dissolution of marriage, minimum 20 days must pass by, only after which the final judgment of dissolution of marriage can be entered. However, if the court reveals that due to this delay, injustice may result, then the court might enter the final judgment before 20 days have passed by.

  • Assume that the divorcing parties have reached an agreement regarding the contested issues. Then, the mediator prepares a consent order incorporating the agreement. This order is submitted to the divorcing parties and their lawyers for review. When the parties approve it, the order is sent to the court for review. If the court approves it, the order is entered and enforced in a manner identical to any other court order.

  • The obligation of disbursing child support amount ends when the child completes 18 years of age or the disability of nonage is removed. This rule may be altered if something else is ordered by the court or acceded to by the parties. Although, the present child support obligation is terminated, the obligation to disburse any other costs owed by the obligor, delinquency, retroactive support or arrear-age does not terminate.

  • The following property can be classified as separate property:
    • Proceeds of any pension which the pensioner was eligible to earn income on prior to the marriage
    • Inheritance that was directed to only one spouse
    • Gifts given only to one spouse
    • Personal injury awards
    • Investments made or property purchased using only separate property

The concepts of contested and uncontested divorces are prevalent in Florida. A thorough understanding of the above-mentioned Florida divorce tips will make you delve deep and decide which method of divorce, you will go for. If you want to get through the legal proceedings with as little aggravation as possible and also want to spend less time and money, an uncontested divorce will be the right option to choose.

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