Divorce and Children Laws in Florida

Florida determines child custody by following the Uniform Child Custody Jurisdiction and Enforcement Act.

Florida residents filing for divorce must meet a series of requirements before finalizing the divorce. Couples must also resolve many issues including child custody, support to be paid and property distribution. Florida couples who make themselves familiar with Florida's laws can more quickly complete the divorce process.

Eligibility to File

In Florida, divorce applicants must meet a series of requirements before the court will consider their case. Florida requires the person filing for divorce to reside in the state for at least six months prior to filing. The person seeking the divorce must file in the county in which he currently lives. People filing for divorce must either state that the marriage is broken beyond reconciliation or one person must prove the other has been mentally incapacitated for at least three years. The person seeking divorce must prove the mental incapacity in court before the divorce will be granted unless it was previously established .

Division of Property

Florida divides property between divorcing couples on an equitable basis. This means the court will divide the property in a way it deems fair. This does not guarantee both people will receive assets of equal value. Florida courts consider several factors when determining which person will receive certain property. These factors include contributions of each person to the marriage; financial situation of both people; duration of the marriage; any career interruptions as a result of the marriage; and intentional destruction of the marital property within two years of filing.

Child Custody

Florida awards joint custody for any minor children born during a marriage unless joint custody is proven detrimental to the child. Florida may also order couples with minor children to undergo marriage counseling before granting the divorce. Marriage counseling may be through a psychologist, counselor, priest, rabbi or any other person the court declares fit to counsel. Florida also allows grandparents of the children to seek visitation rights. These conditions are in accordance with the Uniform Child Custody and Jurisdiction Enforcement Act.

Child Support

Florida may also require one parent to pay child support. Florida calculates the amount paid by determining the monthly amount needed to support the child, determining both parents' contribution and offsetting those amounts. The difference becomes the monthly amount to be paid. Florida may adjust the amount paid on a temporary or permanent basis if either parent's income changes.

Alimony

Florida may award alimony to a spouse on a permanent or temporary basis. Florida considers several factors when determining whether to award alimony. These factors include standard of living established during the marriage; length of the marriage; age and health of both parties; contributions to the marriage; training and education necessary for a person to seek new employment; and income available to both spouses.

References

• Florida Dissolution of Marriage