In addition, the court has the ability to deviate more than five percent of the guideline amount based on the following factors: See Fl St.
Legal Requirements for Obtaining a Divorce in Florida | My Florida Family Attorney
If your shared parental arrangement means that your child will spend a substantial amount of time with each of you, the court will adjust the child support amount according to a complex but decisive series of calculations. Your child support order will include a provision for health care coverage, uncovered medical expenses and work-related child care costs. Alimony may be awarded as periodic payments or as a lump sum or both.
The court may take into account any adultery on the part of you or your spouse in deciding whether to award alimony and how much. In determining an alimony award, the court will consider:. Florida provides forms and other helpful information by clicking here. Name: Charles D. Jamieson, Esq. Please note: Local and state laws change constantly, therefore this information is for educational purposes only. Schedule a time to talk. Email us at welcome wevorce. Based on your responses, it sounds like you're ready for the next chapter.
Wevorce's online self-guided divorce would be a great option for you and your spouse. Your ability to communicate with your spouse makes you great candidates for an amicable, colloraborative divorce. You may also consider adding an hour or two with our expert financial professionals to help you and your spouse work through any financial challenges.
You may also consider adding an hour or two with our family architects to help you and your spouse work through any parenting challenges.
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You may also consider adding an hour or two with our mediation and legal experts to help you and your spouse work through any communication and legal challenges. You and your spouse should be able to effectively work together through our modules and create debt and asset division agreements with our financial mapping tools. Based on your responses, it sounds like you might need some more time to decide whether divorce is the right solution for your family. Our blog offers a wide range of resources for all stages of relationships. Contemplating Divorce? Our online divorce solution could save you thousands.
Take our short quiz to see if you qualify. Florida defines non-marital property as: Property acquired before you were married, as well as any property that you receive in exchange for that property. Property acquired by gift from people other than your spouse, or inheritance, as well as any property that you receive in exchange for that property. Any income you earned from your non-marital property during your marriage, unless that income was used or relied on as marital property. Any property you and your spouse agree to leave out of the discussion.
Any debt that resulted from you or your spouse forging the signature of the other — this debt will be the responsibility of the person who committed forgery, unless the other spouse later OKed the debt. Does Florida require mediation before a divorce is granted? How does the state determine child custody?
The love and affection between your child and each of you. The permanence of the family in the home where your child might live. Any evidence that you or your spouse knowingly gave false information to the court regarding domestic violence. Any evidence of domestic violence or child abuse. Anything else the court might consider relevant. How does the state calculate child support? Which of you should be allowed to claim your child as a dependent with the IRS.
Whether the guidelines mean you or your spouse is paying more than 55 percent of your gross income for child support. Any reasonable existing expense or debt. How does the state determine and calculate alimony? In determining an alimony award, the court will consider: The standard of living established during your marriage How long you were married. Of course, ending the marriage is one of many issues which necessarily arise as result of a divorce. The most common are child custody , alimony and property division. The state of Florida is a "no-fault" divorce state.
This means that, unlike in earlier years, neither party need be at fault in order to obtain a divorce. This eliminates the need to air out marital grievances that have no relevance to the issues in the case. For example, if one of the spouses is a terrible housekeeper, this has no relevance to whether the opposing spouse is entitled to a divorce.
Everyone in the state of Florida is entitled to a divorce. In some rare instances, if one of the parties has been adjudicated mentally incompetent, a guardianship must be filed before the divorce action to fully protect the rights of the incompetent spouse. As stated above, the opposing spouse cannot refuse to agree to the divorce.
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Indeed, the consent of the other party is irrelevant to whether the divorce can be finalized. Historically, there were many bars to getting divorced, the consent of the opposing spouse being one of them. This is not the case anymore which results in a more stream-lined procedure for dissolving marriages.
The initial document that is filed with the Court is called a Petition for Dissolution of Marriage. The Petition contains important information about the date of marriage, the date of separation, and which issues the parties need the Judge to decide such as child custody, alimony and property distribution. The Petition is accompanied by various documents, the most important of which is the Financial Affidavit.
Florida Divorce Guide
The Affidavit sets forth the parties' income, monthly expenses, and assets and liabilities. This becomes a very important document when the Judge orders child support, alimony or other financial relief. Next, the opposing spouse is "served" with the Petition.
This means that a process server or a sheriff hand delivers the document to the other spouse. You cannot serve your spouse with the Petition. In some situations, however, the opposing party will sign a paper which allows them to accept the documents without the necessity of being "served". Next, the opposing party has 20 days to respond to the Petition and file their own Petition which is called a Counter-Petition for Dissolution of Marriage.
The Counter-Petition sets forth what the opposing party wants the Judge to decide just like the Petition for Dissolution of Marriage. Within 45 days of filing, both parties must exchange financial information unless they waive the right to exchange the information. The information consists of tax returns, bank statements, credit card statements and other similar financial documents. The documents only go back 3 to 12 months.
If further financial documentation is required, your attorney can request such documents.
Talk to a Divorce attorney.
The next step, after financial disclosure is to attempt to mediate the issues, and if that process fails, the parties attend a divorce trial where the Judge makes a determination of all the issues. The Judge renders an Order resolving all of the outstanding issues which is called the Final Judgment of Dissolution of Marriage. Once the Final Judgment is finished, the parties are officially divorced. Talk with your attorney at Marsh Family Law about questions regarding this process and what your attorney can do to obtain the best possible results for you and your family.
Many people are able to fully resolve all of their issues pursuant to a Marital Settlement Agreement. This is called an "Uncontested Divorce" since the parties are not contesting any of the provisions regarding their Dissolution of Marriage.
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