Florida says its divorce statutes are designed to do three things: preserve the integrity of marriage and safeguard family relationships, settle disputes amicably and reduce any potential harm to spouses and children when a marriage breaks up. Divorce laws are detailed and complex, but there are some general guidelines.
Filing for Divorce
To obtain a "dissolution of marriage" in Florida, one spouse must be a resident of Florida for at least six months before the divorce petition is filed. The person seeking a divorce must file a petition in circuit court, and then a copy of the petition and a copy of a summons are served on the spouse. When a dissolution of marriage is filed, the petitioner also must complete and file with the courts an unsigned, anonymous informational questionnaire. The questionnaires are used by researchers at the Florida State University Center for Marriage and Family.
Dissolution of Marriage
To obtain a divorce in Florida, the state must determine that the marriage is "irretrievably broken" or one of the spouses has been mentally incapacitated for at least three years before the divorce filing. When a minor child is involved or a spouse denies the marriage is broken, the court may take other action. For instance, the court may order sessions with a marriage counselor, psychologist or member of the clergy. It may also continue the proceedings for up to three months to give the couple a chance to work things out.
Alimony
Courts in Florida may grant alimony to either party in the form of a lump sum, periodic payment or both. In setting an amount, the court may consider factors such as the length of the marriage, the standard of living enjoyed by the couple, the age of the husband and wife, the physical and emotional condition of the spouses, what each person contributed to the marriage and the amount of assets and liabilities of each spouse. Child support payments also may be ordered.
Child Custody
Divorce Source says the state of Florida will do everything possible to help ease any emotional trauma children may be feeling when their parents are getting divorced. If the parents can't come to terms over child custody, the court will establish a custody order. Generally, the court will order some form of shared custody, unless it feels that could be harmful for a child. Grandparents may receive visitation rights if the court feels that would be in a child's best interest.
