Florida Divorce Law Summary

What This Article Covers

This article summarizes Florida’s divorce laws and how its family law courts decide and manage them and the divorce process.

The divorce topics covered in this article include:

• Florida Residency Requirements
• Florida No-Fault Divorce System
• Florida Equitable Distribution of Marital Property
• Florida Summary Dissolution Process
• How Florida Manages Spousal Separation
• How Florida Determines Child Custody
• How Florida Determines Child Support
• How Florida Determines Spousal Support
• Florida Mediation Process
• How Florida Courts Determine Alimony

Introduction To Florida Divorce Law

While Florida is known as the great Sunshine State, it is also known for having one of the highest divorce rates in the country.

According to the C.D.C., Florida’s divorce rate is 3.4 per 1,000 people, which puts it in fifth place for having the highest divorce rate in the United States.

Some divorce lawyers have attributed Florida’s high divorce rate to the state’s divorce-friendly laws. Specifically, Florida does not require either spouse to prove fault to obtain a divorce, making it a strictly no-fault state.

So, what happens if one spouse refuses to get a divorce?

Under Florida divorce law, one spouse cannot force the other to stay married.

Even though Florida is strictly a no-fault state, it is also an equitable distribution state. This means Florida courts can still factor in the respective party’s past bad behavior (such as adultery or other forms of abusive behavior) when determining the division of property, custodial rights, and support payments. More on this later.

Understanding the law and the challenges you may face will help you make a more informed choice should you consider ending your marriage.

Let’s now examine Florida’s divorce laws in more detail. We begin with the state’s residency requirements and the judicial rationale for imposing them.

RESIDENCY REQUIREMENTS IN FLORIDA

To file for divorce in Florida, at least one spouse must have been a state resident for at least six months before filing for divorce.

Rational Behind Florida’s Residency Requirement:

Prevents Jurisdiction Shopping

Jurisdiction shopping, also called forum shopping, occurs when one spouse chooses to file for divorce in a county that they believe will be more favorable to their case – even if they have little or no connection to that county.

By requiring at least one spouse to be a county resident for at least six months before filing for divorce, the state ensures that its courts are used by those with a genuine connection to the county where the matter will be heard.

Protects and Reduces Judicial Resources

The state has a vital interest in protecting its judicial resources, which include court time, staffing, and operational costs.

By limiting divorce filings to residents, Florida has a vested interest in protecting the courts from being overwhelmed by cases involving non-residents. This helps ensure that the state’s courts can focus on managing the legal needs of actual residents.

NO-FAULT DIVORCE

As stated earlier, Florida is an absolute no-fault state, which means neither spouse needs to prove fault or wrongdoing by the other party to dissolve the marriage.

For the marriage to be dissolved, one or both spouses must only attest that the marriage is irretrievably broken and that there is no reasonable prospect of reconciliation.

The judicial policy behind the no-fault system is to avoid unnecessary court time, reduce adversarial conflict between the parties, and reduce the excessive costs of litigating fault.

No-Fault Does Not Mean Giving Up On Reconciliation: In cases where one spouse denies that the marriage is irretrievably broken, the court has the discretion to order counseling or a continuance for up to three months to allow for the possible reconciliation of the parties

Simplified Dissolution: You should know that Florida also offers a cost-effective and simplified dissolution process for couples who meet specific criteria, such as having no minor children, agreeing on the division of property, and both waiving the right to alimony

SEPARATION IN FLORIDA

Video On Legal Separation in Florida:

While Florida law does not have a formal legal separation process, the law does provide mechanisms that allow couples to live apart and still address important issues without having to file for divorce.

Enforcement Through Contract

One mechanism is for the couple to enter into a separation agreement, which is a legally binding contract outlining the terms of their separation. These agreements can cover the following legal issues including:

• Child custody and support
• Spousal support
• Division of assets and debts

Enforceability of Agreement: While Florida courts do not formally recognize legal separation, they will enforce valid separation agreements as contractual obligations that state the legal rights and duties between the parties.

Court Orders – Temporary Relief

While temporary relief is typically requested as part of a divorce proceeding, under Florida law, it can also be requested in a separate filing with the court if the couple is not ready to divorce.

Suppose a couple is living apart and one spouse urgently needs financial support, or there are time-sensitive pending health issues related to their children. In that case, one of both parents can file for temporary relief with the court. The types of relief can include:

Temporary Child Support

Even if parents are living apart, they must still address issues of child custody and support. Florida courts prioritize the child’s best interests, allowing either parent to seek child support orders to ensure that the financial and health needs of the children are met.

Temporary Spousal Support

A spouse can request temporary alimony to provide financial support while living apart. The court will consider factors such as the requesting spouse’s needs and the other spouse’s ability to pay.

Continuation of Health Benefits

Couples may need to address the continuation of health insurance and other benefits during their separation. When it comes to the medical and health needs of the children, the court will issue orders to ensure the continuation of health care benefits or, in the absence of health insurance, order the parents to make the necessary payments directly to the child’s medical provider.

Continuation of Medical Benefits: In Florida some employers allow the continuation of benefits for a separated spouse, but this varies by employer and the terms of the actual health insurance policy.

MEDIATION IS NOT ALWAYS MANDATORY

Florida courts favor and strongly encourage mediation as a means to resolve disputes in divorce cases. Judges have the discretion to determine whether mediation is appropriate based on the specific facts and issues of the case.

Mediation is primarily ordered in cases involving issues such as child custody, child support, alimony, and the division of marital assets and debts.

Mediation Is A Cost-Effective Option: Mediation allows parties to reach mutually agreeable terms without protracted litigation, which makes mediation a more cost-effective alternative for the parties

Mediation is Mandatory In Certain Florida Counties:

While mediation is usually not mandated, some counties in Florida do mandate mediation, such as Pinellas, Hillsborough, and Pascoe County.

Types of Divorce Cases Where Mediation is Excluded

Cases Involving Domestic Violence: In cases concerning violence or abuse, mediation will be excluded to ensure the victim’s safety and well-being.

Situations Demanding Immediate Action: In certain urgent situations where a parent or child is vulnerable to violence or abuse, the court will take immediate action to address the risk. Since time is of the essence, mediation will be either suspended or excluded entirely from the divorce process.

Cases Where Mediation Is Deemed Unsuitable for Parties: If one of the spouses is incarcerated, it presents unique challenges that may lead the court to exclude mediation from the divorce process. The court can waive mediation if it determines it is impractical or inappropriate.

PROPERTY DIVISION IN FLORIDA

Florida is an equitable distribution state, meaning that marital assets and debts are divided on what the court believes is a fair and just basis. This differs from community property states that divide marital assets on a presumptive 50/50 basis.

Difference Between Marital Assets and Non-Marital Assets

• Marital assets are those acquired by either spouse during the marriage, regardless of whose name is on the title. Examples include the family home, joint bank accounts, retirement accounts, and debts incurred during the marriage.
• Non-marital assets are those acquired before the marriage or through inheritance or gifts specifically to one spouse. They are generally not subject to division and are referred to as separate property of one spouse.

Factors Florida Courts Consider When Equitably Distributing Marital Property

• The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as a homemaker.
• The economic circumstances of the parties.
• The duration of the marriage.
• Any interruption of personal careers or educational opportunities of either party.
• The contribution of one spouse to the personal career or educational opportunity of the other spouse.
• The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
• The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or incurring of liabilities to, both the marital and non-marital assets of the parties.
• The desirability of retaining the marital home as a residence for any dependent child of the marriage or any other party when it would be equitable and is in the child’s best interest.
• The intentional dissipation, waste, depletion, or destruction of marital assets.
• Any other factors necessary to do equity and justice between the parties.

MAINTENANCE AND SPOUSAL SUPPORT IN FLORIDA

Alimony, also called maintenance, provides financial assistance to the lower-earning spouse to help them maintain a standard of living similar to their marriage.

Types of Alimony in Florida

Florida law recognizes several types of alimony:

Temporary Alimony: Provides support during the divorce proceedings and ends when the divorce is finalized.

Bridge-the-Gap Alimony:

Helps the recipient transition from married to single life, but cannot exceed two years.

Rehabilitative Alimony:

The purpose is to assist the recipient in becoming self-supporting through education, training, or work experience.

Permanent Alimony:

Permanent alimony provides ongoing support for a spouse who is physically or financially unable to meet their own needs. It continues until either party dies or the recipient of the alimony remarries.

Court Considers The Following Factors In Determining Alimony

The court will consider all relevant factors including but not limited to:

• Their standard of living during the marriage.
• The duration of the marriage.
• The age and the physical and emotional condition of each party.
• The financial resources of each party, as well as the non-marital and marital assets and liabilities.
• The time necessary for either party to acquire sufficient education or training to enable them to find employment.
• The contribution of each party includes services rendered in homemaking, child care, education, and career-building for the other party.
• All sources of income that are available to either party.

DETERMINING CHILD CUSTODY IN FLORIDA

In Florida, child custody is determined according to the child’s best interests and the Uniform Child Custody Jurisdiction and Enforcement Act.

Shared parental responsibility for a minor child is preferable unless the court finds that shared parental responsibility would be detrimental to the child.

The court shall order “sole parental responsibility, with or without visitation rights, to the other parent when it is in the best interests of” the minor child.

In ordering shared parental responsibility, the court may consider the parents’ expressed desires and grant one party the primary responsibility for specific aspects of the child’s welfare or divide those responsibilities between the parties based on the child’s best interests.

Custodial Factors Considered in Determining The Child’s Best Interests

The court may order rotating child custody if the court finds that it is in the child’s best interest. The following are some of the factors that the court will consider:

• The parent will allow continuing contact with the non-residential parent. Specifically, the love, affection, and other emotional ties that exist between the non-residential parent and the child.
• The amount of time the child has lived in a stable environment.
• The moral fitness of the parents.
• The mental and physical health of the parents.
• The child’s own preference.
• The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
• Evidence of domestic violence or child abuse.
• Any other fact considered by the court to be relevant.

CHILD SUPPORT IN FLORIDA

Child support in Florida is determined based on guidelines established by state law, which is designed to ensure that the children receive sufficient financial support after a divorce or separation.

Child Support Guidelines

Florida uses specific state guidelines to calculate child support, which is based on the combined income of both parents and the number of children.

Factors in Determining Child Support

The court may order either of the parents to pay child support based on Florida’s Child Support Guidelines.

The guidelines focus on the following primary factors:

Income of Both Parents: The gross income of both parents includes wages, salaries, bonuses, commissions, overtime pay, and any other sources of income.

Number of Children: The more children there are, the higher the child support obligation.

Health Insurance and Medical Expenses: This calculation is based on cost of health insurance for the children.

Child Care Costs: Expenses for child care necessary for the custodial parent to work or obtain education or training are included.

Parenting Time: Calculated based on the amount of time each parent spends with the children. The more overnight stays with the non-custodial parent can reduce their child support obligation.

Florida Child Support Enforcement Resource

Florida Child Support Guidelines

Florida State Laws

Please remember that the above Florida Divorce Summary is a general overview of Florida divorce law. Divorce laws are subject to amendment, and specific cases will often vary depending on their facts and the specific legal issues presented. Therefore, if you are considering ending your marriage, it’s always best to consult with a local Florida family law attorney as soon as possible.

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