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Fact Sheet

What Are the Divorce Laws in Florida?

Contributor
By Denise M. Covert
eHow Contributing Writer
(1 Ratings)

Florida often leads the nation in divorce rates. In 2006, according to the Centers for Disease Control and Prevention, Florida had the most divorces in the nation, with 66,712.

    Requirements

  1. Florida is a no-fault divorce state. The only requirements for a divorce are that the marriage is irretrievably broken, and that the declaring party has lived in the state for 6 months prior to filing.
  2. Property

  3. Florida is not a community-property state. Property is divided by the judge in an equitable manner, taking into account the spouses' jobs and financial plans. Property gained before the marriage--or given as a gift or inheritance and not commingled with the marital assets--remains with the individual spouses.
  4. Custody

  5. Parties divorcing with children must attend a class on how the divorce will affect the family. Occasionally, a non-custodial parent may be ordered to take parenting classes.
  6. Child Support

  7. Child support is derived by a formula that takes into account the incomes of both the custodial and non-custodial parents, as well as whether they have other children.
  8. Injunctions

  9. If one party is granted an injunction for protection, they can appeal for emergency relief, meaning they are immediately awarded the primary residence, primary custody of minor children and child support, before the divorce proceeding is even finalized. Once granted, injunctions do not expire; they must be voluntarily lifted by the person who filed it.
  10. Fun Fact

  11. In 2000, Cape Canaveral, home to Kennedy Space Center, was the city in the nation with the highest divorce rate--22 percent of the population over age 15.
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