Fort Lauderdale Divorce FAQs

• I just moved to Florida and wish to file for a divorce. Does Florida divorce law have a residency requirement?
• What are the grounds necessary to file for a divorce in the State of Florida?
• Is it possible for a man to get an award of spousal support?
• Do the courts in Florida have the power to order that the children of a divorcing couple live with both parties 50% of the time after a divorce?
• When determining which parent a child should reside with, what factors are taken into account by Florida courts?
• In a divorce context, must the family home be sold if the husband and wife bought the house together during the marriage and the minor child or children have been living in the home?
• How is the marriage property divided between the parties in a divorce?

I just moved to Florida and wish to file for a divorce. Does Florida divorce law have a residency requirement?

Yes. Florida does have a residency requirement to obtain a divorce. Pursuant to Fla. Stat. § 61.021 (2007), one of the parties to the marriage must reside six months in the state prior to the filing of the petition for the dissolution of marriage.

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What are the grounds necessary to file for a divorce in the State of Florida?

Pursuant to Fla. Stat. § 61.052 (2007), a proceeding for the dissolution of a marriage may be commenced by filing a properly completed petition with the circuit court that states either (a) that the marriage is irretrievably broken; or (b) that one of the parties has sustained a mental incapacity that has lasted for longer than three years.

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Is it possible for a man to get an award of spousal support?

Yes. In Florida, men as well as women may be awarded spousal support, depending on certain criteria stipulated in the Florida Statutes. The court may award either rehabilitative or permanent alimony, and the alimony may take the form of monthly payments or payment in a lump-sum. (Individuals should note that lump-sum payments may be treated differently for tax purposes than the same amount paid over time.)

In determining a proper award of spousal support, a court may consider the following factors:

• The parties' pre-divorce standard of living (to try to match it after the divorce);
• The length of the marriage (longer marriages tend to bring more alimony);
• The ages of the parties (older parties tend to get more alimony);
• The physical condition of the parties;
• The emotional condition of the parties;
• The financial resources of each party, and the property division;
• The time required for a party to get the education needed to find appropriate employment;
• The homemaking, child care, education and career building contributions by a party; and
• Any other factors necessary for fairness and justice.

It is possible that the court may order temporary alimony while a divorce is pending. Most maintenance is ordered for a specific length of time. Once ordered, alimony can be modified only upon a showing of a change in circumstances.

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Do the courts in Florida have the power to order that the children of a divorcing couple live with both parties 50% of the time after a divorce?

Yes. Under special circumstances, a court may order rotating child custody, if the court finds that it will be in the best interest of the children. Additionally, in Florida child support is based on the combined income of the parents and how many children the parent is responsible for supporting. If necessary, a court can set aside a portion of joint or separate assets of the parties in a separate trust or fund for the support and education of the parties' children.

A Florida child support order can be modified if there has been a change in circumstances. Examples of this would include:

• A significant increase or decrease in either parent's income;
• A child spends significantly more time with either parent; or
• A child is several years older or has special financial needs, such as schooling or medical expenses.

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When determining which parent a child should reside with, what factors are taken into account by Florida courts?

Under Florida divorce law, a court is mandated to order that parental responsibility for a minor child be shared by both parties, unless the court finds that shared parental responsibility would be a detriment to the child. It is the State’s public policy to ensure that minor children have frequent and continuing contact with both parents after the parents separate or the marriage is dissolved, and to encourage both parents to share in the rights, responsibilities, and joys of child-rearing. After considering all relevant factors, the father of a child is to be given the same consideration as the mother in determining the primary residence of the child, irrespective of the age or sex of the child.
For purposes of shared parental responsibility and primary interest, the best interests of the child shall include an evaluation of all factors affecting the welfare and interests of the child, including, but not limited to, the following:

• The parent who is more likely to allow the child frequent and continuing contact with the non-residential parent;
• The love, affection, and other emotional ties existing between the parents and the child;
• The capacity and disposition of the parent to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the Florida laws in lieu of medical care and other material needs;
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
• The permanency, as a family unit, of the existing or proposed custodial home;
• The moral fitness of the parent;
• The mental and physical health of the parent;
• The home, school, and community record of the child;
• The reasonable preference of the child if the court deems the child to be of sufficient intelligence, understanding, and experience to express a 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 that any party has knowingly provided false information to the court regarding a domestic violence proceeding pursuant to Fla. Stat. § 741.30 (2007);
• Evidence of domestic violence or child abuse; or
• Any other fact considered by the court to be relevant.

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In a divorce context, must the family home be sold if the husband and wife bought the house together during the marriage and the minor child or children have been living in the home?

Under Florida divorce law, the court is to consider the desirability of retaining the marital home as a residence for a dependent child of the marriage, when it would be equitable to do so and in the best interest of the child, and when it is financially feasible for the parties to maintain the residence until the child is emancipated

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How is the marriage property divided between the parties in a divorce?

Generally in Florida, the assets and debts acquired during a marriage (the "marital assets") will be divided equitably when the parties divorce. However, not all property is considered "marital assets." For example, assets obtained before the parties married may be considered "non-marital assets" if the property was kept separate from property acquired during the marriage. Additionally, the income produced by a separate property investment may also be non-marital property, as long as it has not been commingled, or mixed together, with marital property
Judges will distribute the marital assets equally, unless there is justification for an unequal distribution based on all relevant factors, including:

• The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as 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 desirability of retaining the marital home as a residence for any dependent child of the marriage; or
• Intentional wasting, depleting or destroying marital assets after filing of divorce or within two years prior to the filing of the divorce.

Additionally, it is important, when a party is contemplating initiating divorce proceedings, that he or she has collected all the information available about his or her property, including the purchase date, the property's approximate value, as well as details such as account numbers and serial numbers.

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Contact our lawyers by filling the contact us form or calling at 1-888-499-7652. Our attorneys can provide you with more information on divorce rights and procedures.