Divorce Guide to Florida
Divorce Guide to Florida
A woman's guide to getting a divorce in Florida
FLORIDA DIVORCE LAWS:
The Residency Requirement: Either you or your husband must have lived in the state for six months.
Grounds: The irretrievable breakdown of the marriage; mental incapacity of one of the spouses.
Property Division: Florida is an equitable distribution, dual-classification state. That means property is classified as either separate or marital; separate property must go to the property owner, while marital property is divided between the parties “equitably.” Equitable means fairly, based on how the parties acquired and treated the property during the marriage; it does not mean equally. However, in distributing the marital estate, the court shall begin with the presumption that a 50/50 division is equitable. (click the following for an expert's overview and key tips on dividing up property through divorce).
Alimony: The court may grant alimony to either party, which may be permanent or rehabilitative. Rehabilitative alimony means alimony designed to get a younger person back on his/her feet and into the job market. There is a not a preference against permanent alimony.
Child Custody and Child Support: As in all states, “the best interests of the child” is the most important factor. In Florida there is not a presumption that parents should have joint custody. The court can grant to one party the ultimate responsibility over specific aspects of the child’s welfare (click the following for an overview and list of articles on child custody and child support).
Florida child support deadlines are based on an income-shares model: the total obligation is divided between the mother and father according to their incomes.
For a combined net monthly income of:
- $2,000, support for one child is $442; for two children, $686; for three children, $859.
- $5,000, support for one child is $1,000; for two children, $1,551; for three children, $1,939.
- $10,000, support for one child is $1,437; for two children, $2,228; for three children, $2,795.
The state of Florida has an on-line child support calculator that can help you determine child support in your case:
http://dor.myflorida.com/dor/childsupport/guidlines.html
Support terminates at 18, or 19 if the child will graduate from high school by that time.
Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.
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