Florida Law provides for No-Fault Divorce. This means that the grounds for divorce are that the marriage is "irretrievably broken". The Court will decide issues relating to custody and support of minor children, division of marital assets and debts and alimony instead of the question of fault in the dissolution of the marriage proceeding.

You must be a resident of the State of Florida for a period of six months prior to the filing of a Petition for Dissolution of Marriage.

Florida Law provides for the Shared Parental Responsibility of minor children, however, one spouse is designated the primary residential parent, i.e. the child will live with that parent. The father is given the same consideration as the mother in determining primary residence of the children, and the Statute enumerates numerous factors for the Court to take into consideration.

The Statute also provides that grandparents have the legal right to visitation if the Court determines that to be in the best interests of the child.

The non-residential parent will be obligated to pay child support in accordance with guidelines set forth in a table contained in the Statute. The amount of child support is based upon the income of each spouse, the number of children and takes into account medical expenses, child care costs and other factors.

In addition, Florida Law provides for the equitable distribution of marital property. Any property accumulated by either spouse during the marriage, unless entirely unconnected to the marriage such as an individual inheritance, is subject to being fairly divided between the parties. While this does not necessarily mean a 50/50 split of marital assets such as in community property states, an equal division is usually the starting point from which the court will fairly divide the assets and liabilities in accordance with numerous factors set forth in the Florida Statutes.

For additional information regarding Florida Law on specific dissolution of marriage or family law matters, you should contact an experienced Florida attorney.
 

© 1997 Mark Perlman