The Best Divorce Attorney Knows That Education Is Key To Understanding Family Law, This Includes Florida Divorce And Florida Laws On Child Custody
Divorce In Florida
Family Law includes more than just divorce. However, this is the most recognized cause of action. An action for dissolution of marriage, or divorce in Florida, terminates a marriage through a final judgment from the appropriate circuit court. Consequently, there’s no common law right to divorce. It therefore relies entirely on the service of statute. In addition, the state of Florida is a pure no-fault state. Furthermore, a spouse doesn’t need to provide grounds for filing divorce in Florida Family Law. As a result, both parties are complete and equal partners. Hence sharing equal rights and obligations in the marital relationship. There are three types of divorce.
- Simplified Dissolution of Marriage.
- Uncontested Divorce.
- Contested Divorce.
There are two grounds for ending a parties marriage.
- The marriage is irretrievably broken.
- One of the spouses is mentally incapacitated.
A marriage is irretrievably broken when the parties are no longer able to live together. Consequently, their difficulties are so deep and substantial that no reasonable effort by a marriage court could fix their issues. It’s especially important to have the best divorce attorney to help you navigate through the muddy waters of Florida Family Law.
Equitable Distribution Of Property Under Florida Family Law
Florida statutes view marriage as an equal partnership. Hence, an equitable distribution of property begins with the presumption that the division should be equal. The equitable distribution of property is a part of every families divorce in Florida. Furthermore, there can be an unequal distribution of the marriage marital estate.
All assets and liabilities undergo the same analysis before an equitable distribution of property. First, the assets and liabilities are identified and classified whether it’s property marital or the separate property spouse. The non-marital property is then set aside. Finally, assets are valued and distributed between the client.
Equitable Distribution Of Property Falls Under Florida Statute 61.075
The framework for how a court decides a fair and equitable distribution of property contains many factors. The details of a courts marital analysis before a distribution assets are below.
- The contribution to the marriage by each spouse.
- The economic circumstances of the parties.
- The length of the marriage.
- Any interruption of personal careers or educational opportunities of either party due to the marriage.
- The contribution of one spouse to the personal career or educational opportunity of the other while married.
- Retaining any assets party desires, while remaining intact and free from any claim or interference by the other party. This includes an interest in a business, corporation, or professional paper practice.
- The contribution of each spouse to the acquisition, enhancement, or the incurring of liabilities. This applies to spouses property whether it’s an asset marriage or not.
- The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party.
- The intentional dissipation, waste, depletion, or destruction of a marital asset after filing for divorce in Florida or within 2 years prior.
- Any other factors necessary to do equity and justice between the parties.
In conclusion, this process is often more complicated than it seems. The best divorce attorney for your case is therefore necessary to ensure your interests are protected.
Florida Laws On Child Custody
It’s the public policy of Florida to assure that each minor child has frequent and continuing contact with both parents of the shared child. To accomplish this goal, Florida laws on child custody therefore require that a parenting plan be filed in all cases involving a minor child. A court parental plan governs the relationship between the parties relating to the decisions made in the upbringing of the child.
Under Florida laws on child custody, the shared parenting plan must also include a detailed time sharing schedule. In addition, there’s no presumption for or against either parent or for or against any specific time-sharing schedule under current Florida laws on child custody. This is true whether creating the parenting plan or modifying a parents custody. As a result, Florida laws on child custody can be one of the most contentious areas of Florida Family Law.
Florida Statute 61.13 Governs Florida Laws On Child Custody
For purposes of creating a parenting plan, the best interest of the child is the most noteworthy consideration. The Statute therefore contains many factors for a court to consider.
- The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship. This includes honoring the time parent is awarded due to their schedule.
- The anticipated division of parental responsibilities after the litigation.
- The demonstrated capacity and disposition of each courts parent to determine, consider, and act upon the needs of the child as opposed to their own.
- The length of time child has lived in a stable, satisfactory environment.
- The geographic viability of the parenting plan.
- The moral fitness of the parents.
- The mental and physical health of parent care.
- The home, school, and community record of the child.
- The reasonable preference of the child.
- The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the child.
- The demonstrated capacity and disposition of each times parents parent to provide a consistent time system routine for the child.
Additional Factors Concerning Florida Child Custody
- The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child.
- Evidence of domestic violence, sexual violence, abuse, abandonment, or neglect.
- Evidence that either parent has knowingly provided false information to the court regarding domestic violence, sexual violence, abuse, abandonment, or neglect.
- The particular parenting tasks customarily performed by each parent.
- Each parent’s involvement in school and extracurricular activities.
- The demonstrated capacity and disposition of each parent to maintain an environment for the child free from substance abuse.
- The capacity and disposition of each parent to protect the child due to ongoing litigation.
- The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet these needs.
- Any other factor that is relevant to the determination of a specific parenting plan, including the time sharing schedule.
In conclusion, don’t settle until you feel confident that you have the best family attorneys in your corner fighting for your children.
Florida Divorce Alimony Laws
Under Florida divorce alimony laws, the court may grant spousal support to either party, which may come in several forms. In addition, Florida divorce alimony laws require two separate determinations of entitlement and amount. Family lawyers know that the most relevant factors for entitlement are need and ability to pay. If the court finds that a party has a need and that the other party has the ability to pay, it then moves on to the second step. Finally, the court will decide the type and amount of the award under Florida divorce alimony laws.
Florida Statute 61.08 Governs Alimony Laws
Under the Statute, a judge considers many factors when deciding whether to grant alimony awards. Florida divorce alimony laws provide for different categories including rehabilitative and permanent alimony.
- The standard of living established during the marriage.
- The length of the marriage based on the year of marriage to the date of filing.
- The age and the physical condition of each party.
- The financial resources of each party.
- The earning capacities, educational levels, vocational skills, and employability of the parties.
- The contribution of each party to the marriage.
- The parenting responsibilities each party will have.
- The tax treatment and consequences to both parties due to any award.
- All sources of income available to either party.
Feel confident knowing that you have the best divorce attorney on your side to make sure that you, or your ex, gets exactly what’s deserved.
Child Support Laws In Florida Family Law
Child support laws in Florida state that the support is a right belonging to the child. As a result, each parent has a fundamental obligation to support his or her minor or dependent child under Florida Family Law. Consequently, parents can’t contract away or waive their child’s right to support time. Child support laws in Florida require support to be determined by guidelines based on the parents’ combined net income.
Florida Statutes 61.30 Governs Child Support Laws In Florida
The guidelines numbers on a support order are taken from the parents income. Under child support laws in Florida, the Statute therefore states the sources of income.
- Salary or wages.
- Bonuses, commissions, allowances, overtime, tips, and other similar payments.
- Business income from sources such as self-employment, partnership, close corporations, and independent contracts. Business income means gross receipts minus ordinary and necessary expenses.
- Disability benefits.
- All workers’ compensation benefits and settlements.
- Reemployment assistance or unemployment compensation.
- Pension, retirement, or annuity payments.
- Social security benefits.
- Spousal support received from a previous marriage or court ordered alimony.
- Interest and dividends.
- Rental income, which is gross receipts minus ordinary and necessary expenses.
- Income from royalties, trusts, or estates.
- Reimbursed expenses or in kind payments to the extent that they reduce living expenses.
- Gains derived from dealings in property, unless the gain is nonrecurring.
It’s important to have Boca Raton Family Law attorneys you can trust so you don’t get screwed.
Modification And Enforcement Of Florida Divorce Alimony Laws, Florida Laws On Child Custody And Child Support Laws In Florida Family Law.
No one can predict the future. After entering into a Final Judgment or Settlement Agreement, there remains the possibility that you will need effective legal representation to deal with subsequent changes in circumstances. In these cases, prior court orders may be subject to modification. Orders that can be modified are those entered under Florida divorce alimony laws, Florida laws on child custody, and child support laws in Florida Family Law. On the other hand, you may need to file an enforcement action if the other party is not keeping up with these obligations, or those related to the equitable distribution of property, as ordered. Even if you didn’t have the best divorce attorney the first time around, all is not lost. Let The Law Office of Jordan Gerber, P.A. pick up the slack and make things right.
Florida Family Law Separation Agreements & Settlement Agreements
Like any other contract, Florida prenuptial agreements and marital settlement agreements must be the result of a meeting of the minds. The best divorce attorney will tell you that, sometimes, it’s best to give peace a chance.
Click Boca Raton Family Law Lawyers to schedule your consultation. Proudly Serving Boca Raton, Delray Beach, West Palm Beach, and all of Palm Beach County, South Florida.
Boca Raton Divorce Lawyer Law Practice Areas Include:
Florida Prenuptial Agreement
Post Marital Agreement
Simplified Dissolution of Marriage
High Net Worth Divorce
Florida Laws On Child Custody
Florida Divorce Alimony Laws
Equitable Distribution Of Property
Child Support Laws In Florida
Modification of Alimony Payments
Florida Modification of Child Support
Modification Of Child Custody In Florida
Florida Child Support Enforcement