DISSOLUTION OF MARRIAGE
A "divorce" in Florida is referred to as a "dissolution of marriage". Florida is one of the many states that has abolished fault as a ground for divorce and only requires that the marriage be "irretrievably broken". All that has to be proved is that a marriage exists, one party has been a Florida resident for at least six months prior to the petition being filed, and that the marriage is irretrievably broken. (There is also another rarely used ground: incompetency of one's spouse). Fault, however, may be considered under certain circumstances in the award of alimony and determination of custody issues, but even though fault is not an issue, the division of property and possessions and responsibility for support may become contested matters.
Uncontested: The distribution of property in a divorce in Florida is covered by Chapter 61 of the Florida Statutes. Rather than a community property state, such as California, Florida has adopted what is known as Equitable Distribution. Under the Equitable Distribution scheme, marital property is fairly divided between the parties, which usually means negotiation and compromise by both parties. Some couples agree on property settlements, child custody, and other post-divorce arrangements before or soon after the original petition for dissolution of marriage is filed. They then enter into a written agreement signed by both parties that is presented to the court. In such an uncontested case, a divorce can become final in a matter of a few weeks.
Contested: Other couples disagree on some issues, work out their differences, and appear for a final hearing with a suggested settlement which is accepted by the judge. On the other hand, some couples cannot agree on much of anything and a trial with each side presenting its case is required. The judge makes the final decision on contested issues.
Parenting Plans: Florida law requires parents of minor children to prepare a parenting plan, which will include a general outline of the overnights and timesharing the children will spend with each parent, including holidays, summer recess from school, and other special occasions. The parenting plan will also outline the parental responsibilities of each parent. Depending on the various aspects in the case, the parenting plan may also detail decision making authority and other issues. The parenting plan will account for which parent’s address is the appropriate one to determine school enrollment, as well as resolve issues relating to the children’s involvement in extracurricular activities and other nonschool related activities. The parenting plan will also provide jurisdictional information to comply with the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act and the Hague Convention. Although not statutorily required, the plan may also include parameters for information sharing, timesharing exchanges, transportation, and even resolution of future parenting disputes.
Marriage Contracts: Marriage contracts traditionally have been divided into two categories: prenuptial agreements (those entered into in contemplation of marriage) and postnuptial agreements (those entered into after marriage, usually in contemplation of a separation or dissolution of marriage). In cases where postnuptial agreements are drawn which are not necessarily in contemplation of a separation or dissolution of marriage, such agreements are often referred to as midnuptial agreements (since they are drawn after marriage, but are treated as an afterthought type of a prenuptial agreement). All such agreements should facilitate contracting and the free expression of the judgment and will of the parties.
If you are contemplating a divorce and/or need legal assistance:
We Can Help. Call Today!
