Divorce and Separation

Divorce law in Florida follows a “no-fault” principle, meaning that couples can obtain a divorce without having to prove any specific reasons for the dissolution of their marriage. Instead, one spouse must assert that the marriage is irretrievably broken. This no-fault approach simplifies the divorce process and allows couples to focus on matters like property division, alimony, and child custody without having to engage in blame or fault-finding.

When it comes to property division, Florida adheres to the principle of equitable distribution. This means that marital assets and debts are divided fairly, and in almost all cases that means equally, between the spouses. Marital assets include property acquired during the marriage, while non-marital assets, such as gifts and inheritances received by one spouse, generally remain with that spouse.

Regarding child custody and support, Florida prioritizes the best interests of the child. Shared parental responsibility, where both parents have a say in major decisions affecting the child, is the preferred arrangement. The court determines child custody based on factors such as each parent’s ability to provide a stable environment, their willingness to encourage a relationship with the other parent, and the child’s own preferences if they are of sufficient age and maturity to express them. Child support amounts are calculated using state guidelines, taking into account each parent’s income and the number of overnights the child spends with each parent.

Overall, divorce law in Florida aims to ensure a fair and just resolution for all parties involved while prioritizing the well-being of any children affected by the divorce. It is crucial for individuals navigating the divorce process in Florida to seek legal counsel to understand their rights and obligations and to work toward the best possible outcome for their unique circumstances.