Divorce can be a complicated process, especially if both spouses cannot agree on issues such as spousal support and child custody. In Florida, special statuses are established to help the court make these important decisions. Specific laws also detail what is necessary to petition for a divorce in Florida.
Requirements
Either spouse can file for divorce in Florida. At least one party must have lived in the state for at least six months before filing, and filing must be done in the county that one or both spouses reside in. Non-residents of Florida can apply for divorce if one party is a member of the armed forces stationed in the state. One or both parties have to feel that the marriage is beyond repair.
Process
Both parties can agree in writing that the marriage is not fixable. If one party denies the marriage is broken or if there are minor children involved, the court has the ability to order the parties to consult with a marriage counselor for up to three months. If both parties agree on issues, such as property and debt division, child support, child custody and spousal support, a trail is not necessary. If both parties do not agree, a hearing will be scheduled. During the divorce process, either party can request temporary child or spousal support.
Assets
Florida is an equitable distribution state, according to Divorce Source. This means that property is divided according to what is fair. Both parties can reach a settlement themselves or the court can decide. The court will take into account factors such as each party's contribution to the marriage, who is responsible for the care of the children, the length of the marriage and any homemaker services that were provided. Assets obtained before the marriage are not counted in the division if they were kept separate during the marriage. Any award given for the distribution of assets, rather it be paid in full or installments, does not terminate after the remarriage or death of either party.
Alimony
Alimony, also referred to as spousal support, is determined on a case-by-case basis. Both parties can agree on spousal support or the court can decide. The support can be temporary or permanent, and made in periodic payments or in a lump sum. To determine alimony, the court takes into account the length of the marriage, financial resources of each party, the standard of living established during the marriage and each party's contribution to the marriage. The supporter may also be required to purchase life insurance to secure spousal support in the event of death. Alimony can be modified if there is a change in either party's circumstances.
Children And Child Support
If there are minor children from the marriage and both parents cannot agree on custody and child support, the court will decide. In Florida, parental responsibility is shared by both parents unless that contradicts the child's best interest. The responsibilities for the child, including residence, medical care and education, may be divided equally. Child support is determined by each parent's income, and support can change according to seasonal income changes, extraordinary medical or education expenses or special needs.
