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Divorce Laws in Florida

In Florida, divorce is called “dissolution of marriage”.

Residency and Jurisdiction
At least one spouse must have lived in the state for at least six months before filing. Divorce can be filed in the county where either or both spouses live.

Fault or No Fault
Florida only permits no fault divorce. Grounds for divorce are as follows:

  • Irretrievable breakdown of the marriage.
  • Mental incapacity of one of the spouses.

Division of Property
Florida is an “equitable distribution state”, meaning the property is not divided 50/50 but rather in a manner that the court deems fair to both parties involved in the divorce. Many factors are considered in the division of property including:

  • Contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
  • Economic circumstances of the parties.
  • Duration of the marriage.
  • Any interruption of personal careers or educational opportunities of either party.
  • Contribution of one spouse to the personal career or educational opportunity of the other spouse.
  • 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.
  • Contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
  • 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 to do so, it is in the best interest of the child or that party.
  • Intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within two years prior to the filing of the petition.
  • Any other factors necessary to do equity and justice between the parties

Spousal Support in Divorce
Spousal support in Florida may be permanent or rehabilitative. Many factors are considered in determining support payments including marital fault and property division.
The court may order any spouse who is paying alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award should he or she predecease the obligated support period.

Child Custody and Support
The state of Florida follows the Uniform Child Custody Jurisdiction and Enforcement Act in determining the best interest of the child and custody.

Florida uses the Income Shares Model to calculate child support.

If you are considering or facing divorce in Florida, contact an experienced Florida divorce lawyer today.

Click here to select from Florida divorce lawyers in your area.

 
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Disclaimer: Divorce law information contained throughout this page is intended to generally inform you about divorce lawsuits in Florida and introduce you to divorce lawyers throughout the U.S. The information regarding divorce and divorce law is not meant to be taken as legal advice. If you like to speak with an experienced divorce attorney, click on the link to your state to find an experienced divorce lawyer in your area for an initial consultation.
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