10 Things You Need to Know About Florida’s Divorce Laws

By: Iman Zekri, Esq.

Family law differs from state to state. For instance, laws governing child custody, alimony, and division of property vary based on the state in which your divorce case is pending. While certain aspects of Florida’s family laws are unique, a number of Florida’s legal rules are widely accepted by other states. This article discusses what you need to know about obtaining a divorce in the Sunshine State. Specifically, this article addresses ten (10) fundamental legal concepts that will have an impact on the outcome of your Florida divorce case:

1. Residency Requirement

 In order to file for divorce in Florida, either you or your spouse must be a resident of the State of Florida for at least six (6) months before filing.

2. No-Fault Divorce

Florida is a “no fault” divorce state. This means that blaming the other spouse for adultery and the resulting breakdown of the marriage will not be recognized in court. All that is required is for one spouse to say the marriage is “irretrievably broken,” which means the marriage is beyond repair.

3. No Jury Trials

In Florida, all family law trials are “bench trials.” A bench trial means the case is heard by a judge only. Accordingly, if your divorce case does not settle and you proceed to a trial, the outcome of your case will be decided by a judge, not a jury.

4. Alimony

Alimony is an extension of the duty of spouses to financially support each other before and after marriage. In Florida, alimony may be awarded if one spouse has a financial need for alimony and the other spouse has the ability to pay alimony. Florida courts consider several factors in making an alimony determination, including the duration of the marriage, the standard of living during the marriage, and the age and physical condition of both spouses.

5. Length of a Marriage

The length of your marriage will be considered by the court for purposes of determining alimony. If you are married for less than seven (7) years, your marriage is considered a short-term marriage. If you are married for longer than seven (7) years but less than 17 years, your marriage is a moderate-term marriage. Finally, if you are married for 17 years or longer, your marriage is classified as a long-term marriage. Notably, there is a presumption in favor of awarding permanent alimony following a long-term marriage.

6. Property Division

Florida is an “equitable distribution” state. In dividing property in a divorce, Florida courts deem all assets and debts, including shared businesses, amassed during the marriage to be “marital” assets and liabilities. In Florida, marital assets and liabilities will be divided equally unless there is a justification for an unequal division.

7. Date of Filing

The date of filing the divorce paperwork is important because it serves as the cut-off date for determining the “marital” assets and liabilities. The cut-off date for determining which property and debts will be classified as “marital” is generally the date of the filing of a petition for dissolution of marriage.

8. Attorney’s Fees

In Florida, a court may attempt to level the playing field by ordering one party to pay attorney’s fees to the other party in a divorce. In deciding whether to make an award of attorney’s fees, the court will consider the financial resources available to both parties.

9. Best Interests of the Child

In making decisions relating to a minor child, Florida courts must consider the “best interests of the child.” If you and your spouse cannot come to an agreement, the judge will decide on parental responsibility and time-sharing based on what is in the child’s best interests. As a general matter, unless it would be detrimental to the child, the court will order shared parental responsibility.

10. Child Support

Child support is calculated by using a formula called the “child support guidelines.” In determining child support, Florida courts take into account both parents’ income as well as the healthcare costs for the minor child.

 

Your Top Questions Answered About Getting a Divorce in Florida

How long do I have to be a Florida resident to file for divorce? 

To file for divorce in Florida, at least one spouse must be a resident of Florida for at least six months before initiating the divorce process.

What are the grounds for divorce in Florida? 

Florida is a “no-fault” divorce state, meaning you don’t need to prove any specific reasons for wanting a divorce. The only requirement is that the marriage is “irretrievably broken,” which essentially means that the relationship cannot be repaired.

How is property divided in a Florida divorce? 

The division of marital property in Florida follows the principle of equitable distribution. This means that marital assets and debts are divided fairly but not necessarily equally. Factors the court considers include the duration of the marriage, each spouse’s financial contributions, and their overall economic circumstances.

Can I get alimony in a Florida divorce?

Yes, alimony, or spousal support, is a possibility in Florida divorces. Courts consider several factors when determining the amount and duration of alimony, including the length of the marriage, the financial needs of each spouse, and their ability to pay.

How long does it take to get a divorce in Florida? 

The timeline for finalizing a divorce in Florida varies widely depending on the complexity of the case, court availability, and other factors. On average, it can take anywhere from a few months to a year or more.

Do I need an attorney for my Florida divorce? 

While having an attorney for your divorce is not legally required, it is highly recommended. A seasoned divorce attorney can provide valuable guidance, ensure all necessary documents are filed correctly, and protect your rights throughout the process.

What about child custody and support in Florida divorces? 

Child custody and support arrangements are determined based on the child’s best interests. Florida courts prioritize the child’s well-being and encourage co-parenting whenever possible. Factors considered include each parent’s ability to provide a stable and nurturing environment. For a comprehensive explanation regarding child support, read “How is Child Support Calculated in Florida,” by my colleague Iman Zekri.

Are there alternatives to traditional divorce litigation in Florida? 

Certainly! In addition to traditional litigation, couples in Florida can explore alternatives like mediation and collaborative divorce. These options can be less adversarial and more focused on finding mutually acceptable solutions. The article “The Power of Mediation in Florida Divorce Cases: Finding Common Ground for a Peaceful Resolution,” by my colleague Christy O’Brien, explains the mediation process.

What if my spouse and I agree on all the issues in our divorce?

If you and your spouse are able to agree on the issues in your divorce, you will need to put those agreements in a formal written document called a Marital Settlement Agreement, which both parties must sign before a notary. Once the Agreement is signed, you will need to file it with the court. The judge will then grant your divorce in a Final Judgment and adopt your Agreement as an Order of the court.

Can I modify my divorce Final Judgment in Florida?

Yes, it is possible to request modifications to child custody, child support, and alimony if there is a substantial change in circumstances. The process to modify the provisions of a Final Judgment largely mimics the process of the initial divorce case and can be a lengthy process. 

What can I do if my ex-spouse does not follow the Final Judgment or Parenting Plan?

If your ex-spouse is not following an order or Final Judgment regarding child custody, child support, alimony, or property division, there are enforcement and contempt remedies available.  Usually, enforcing the terms of a Final Judgment or Settlement Agreement involves filing the proper motion with the court and having a hearing on the issues before the judge. 

Divorce can be a stressful and complicated process. Those needing assistance in navigating the Florida divorce process or having other questions about family law issues may contact me directly at (239) 344-1119 or iman.zekri@henlaw.com or at info@henlaw.com.