FAMILY LAW

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 broken. (There is 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 equitable dissolution process is designed to make the divorce as fair as possible to both husband and wife, which usually means negotiation and compromise by both partners. 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.

Marriage Contracts: Marriage contracts traditionally have been divided into two categories: antenuptial agreements (those entered into in contemplation of marriage) and postnuptial agreements (those entered into after marriage, usually in contemplation of 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 antenuptial agreement. All such agreements should facilitate contracting and free expression of the judgment and will of the parties, Ryland v. Ryland 605 So.2d 138 (Fla. 4th DCA 1992).

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