Got Trouble? We can help.

Divorce laws are enacted and interpreted by each of the respective states. This means your state and local family law court determines such things as divorce case filing and pleading procedures, spousal and child support payments, custodial rights of parents and the division of community property. Since laws get amended and new ones get made with some frequency, consult with an experienced family lawyer. This person should be familiar with the local courts, the jury sentiment and the most current law.

FLORIDA RESIDENCY REQUIREMENTS:

To obtain dissolution of marriage in Florida, one of the parties to the marriage must reside 6 months in the state before the filing of the petition. The petition should be filed in the circuit court where either party resides. There waiting period of at least 20 days after the petition is filed before a dissolution of marriage may be granted; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date. [Based on Florida Statutes 61.021, 61.043, and 61.19]

LEGAL GROUNDS FOR DIVORCE: A dissolution of marriage in Florida may be granted based on the following grounds:

* The marriage is irretrievably broken.

* Mental incapacity of one of the parties for a preceding period of at least 3 years. [Based on Florida Statutes 61.052]

SEPARATION: Florida does not directly address legal separation, but does have provisions concerning spousal and child support, establishing the child's primary residence, and determining the custody and visitation rights of the parties. Such an action does not preclude either party from maintaining any other proceeding under this chapter for other or additional relief at any time. [Based on Florida Statutes 61.10]

MEDIATION OR COUNSELING REQUIREMENTS: In any proceeding in which the issues of parental responsibility, primary residence, visitation, or support of a child are contested, the court may refer the parties to mediation. If the parties on the contested issues reach an agreement, a consent order incorporating the agreement shall be prepared by the mediator and submitted to the parties and their attorneys for review. Upon approval by the parties, the consent order shall be reviewed by the court and, if approved, entered. Thereafter, the consent order may be enforced in the same manner as any other court order. [Based on Florida Statutes 61.183]

PROPERTY DISTRIBUTION: Florida is an equitable distribution state, meaning that the martial assets are divided on an equitable basis. The court may take the following factors into consideration when distributing the marital property: (a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker; (b) The economic circumstances of the parties; (c) The duration of the marriage; (d) Any interruption of personal careers or educational opportunities of either party; (e) The contribution of one spouse to the personal career or educational opportunity of the other spouse; (f) 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; (g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the non-marital assets of the parties; (h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction; (i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition; (j) Any other factors necessary to do equity and justice between the parties.

"Non marital assets and liabilities" include: 1) Assets acquired and liabilities incurred by either party prior to the marriage; 2) Assets acquired by gift, bequest, devise, or descent; 3) All income derived from non marital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset; 4) Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties. [Based on Florida Statutes 61.075]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: The court may grant alimony to either party, as well as determine whether alimony shall be rehabilitative or permanent in nature. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to:

* The standard of living established during the marriage.

* The duration of the marriage.

* The age and the physical and emotional condition of each party.

* The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each.

* When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

* The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

* All sources of income available to either party.

To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose. [Based on Florida Statutes 61.08]

CHILD CUSTODY: Custody is determined in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, without regard to gender of either parent or the age or sex of the child. Shared parental responsibility for a minor child is preferable, unless the court finds that shared parental responsibility would be detrimental to the child. The court shall order "sole parental responsibility, with or without visitation rights, to the other parent when it is in the best interests of" the minor child. In ordering shared parental responsibility, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those responsibilities between the parties based on the best interests of the child. The court may order rotating custody if the court finds that rotating custody will be in the best interest of the child. For purposes of shared parental responsibility and primary residence, 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:

1. The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.

2. The love, affection, and other emotional ties existing between the parents and the child.

3. The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.

4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

5. The permanence, as a family unit, of the existing or proposed custodial home.

6. The moral fitness of the parents.

7. The mental and physical health of the parents.

8. The home, school, and community record of the child.

9. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

10. 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.

11. Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding pursuant to s. 741.30.

12. Evidence of domestic violence or child abuse.

13. Any other fact considered by the court to be relevant. [Based on Florida Statutes 61.121 and 61.113]

CHILD SUPPORT: The court may order either or both parents to pay support in accordance with the State of Florida Child Support Guidelines. The court initially entering a child support order shall have continuing jurisdiction to modify the amount and terms and conditions of the child support payments when the modification is found necessary by the court in the best interests of the child, when the child reaches majority, or when there is a substantial change in the circumstances of the parties. Each order for support shall contain a provision for health care coverage for the minor child when the coverage is reasonably available. To the extent necessary to protect an award of child support, the court may order the obligor to purchase or maintain a life insurance policy or a bond, or to otherwise secure the child support award with any other assets which may be suitable for that purpose. [Based on Florida Statutes 61.13]

What Florida law has to say about Attorney's fees and costs:

The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney's fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals. In those cases in which an action is brought for enforcement and the court finds that the noncompliant party is without justification in the refusal to follow a court order, the court may not award attorney's fees, suit money, and costs to the noncompliant party. An application for attorney's fees, suit money, or costs, whether temporary or otherwise, shall not require corroborating expert testimony in order to support an award under this chapter. The trial court shall have continuing jurisdiction to make temporary attorney's fees and costs awards reasonably necessary to prosecute or defend an appeal on the same basis and criteria as though the matter were pending before it at the trial level. In all cases, the court may order that the amount be paid directly to the attorney, who may enforce the order in that attorney's name. In determining whether to make attorney's fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party's cause is deemed to be frivolous. In Title IV-D cases, attorney's fees, suit money, and costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor's ability to pay such costs and fees. The Department of Revenue shall not be considered a party for purposes of this section; however, fees may be assessed against the department pursuant to s. 57.105(1).

(2) In an action brought pursuant to Rule 3.840, Florida Rules of Criminal Procedure, whether denominated direct or indirect criminal contempt, the court shall have authority to:

(a) Appoint an attorney to prosecute said contempt.

(b) Assess attorney's fees and costs against the contemptor after the court makes a determination of the contemptor's ability to pay such costs and fees.

(c) Order that the amount be paid directly to the attorney, who may enforce the order in his or her name.

ENFORCING CHILD SUPPORT IN THE STATE OF FLORIDA – THE FEDERAL OPTION

Federal Options Enforcement (CSE) Program is a federal/state/local effort to locate parents, their employers, and/or their assets; establish paternity if necessary; and establish and enforce child support orders. The federal role is to provide funding, issue policies, ensure that federal requirements are met, and interact with other federal agencies that help support the CSE program.

How and where do I apply?

In most states, CSE offices are listed under the human services agency in the local government section of the telephone directory. If there is not a separate listing, the human services agency information operator should be able to give you the number. State CSE agencies are listed at the end of this brochure; they also can provide telephone numbers for local offices.

Call your Child Support Enforcement office to learn how to apply for enforcement services and what documents (birth certificates, financial statements, etc.) you should provide.

What are the steps to collecting support?

The first step, if a child was born out of wedlock, is to establish paternity - or make a legal determination of who fathered the child. Many men will voluntarily acknowledge paternity. Either parent can request a blood test in contested paternity cases. Your caseworker will help you to establish paternity for your child.

Establishing the obligation is the next step. The fair amount of child support that the non-custodial parent should pay is determined according to state guidelines. Your CSE office will be able to tell you how support award amounts are set in your state. Your CSE office can also request medical support for your child.

The last step is enforcement of the child support order. The CSE office can help with collecting the money due no matter where the non-custodial parent lives.

At any of these steps, the CSE office may need to know where the non-custodial parent is living or where he/she is working. When a parent has disappeared, it is usually possible for the CSE office to find him/her with the help of state agencies, such as the Department of Motor Vehicles, or the Federal Parent Locator Service. Your caseworker can tell you what information is needed to find an absent parent or his/her employer.

The most successful way to collect child support is by direct withholding from the obligated parent's paycheck. Most child support orders require the employer to withhold the money that is ordered for child support and send it to the CSE office. Your Child Support Enforcement office can tell you about this procedure.

Federal and State Income Tax refunds may be withheld to collect unpaid child support. States also have laws, which allow them to use: liens on real and personal property; orders to withhold and deliver property; or seizure and sale of property with the proceeds applied to the support debt. Many states routinely report child support debts to credit bureaus and smart parents are bringing their payments current so that their credit won't be affected.

For More Information write for the Handbook on Child Support Enforcement by contacting:

ACF OCSE National Reference Center

370 L'Enfant Promenade, S.W.

4th Floor Washington, DC 20447

(202) 401-9383

GET CURRENT WITH FAMILY LAW CODE FOR FLORIDA:

http://www.flsenate.gov/statutes/index.cfm?App_mode= Display_Statute&URL=Ch0061/part01.htm&StatuteYear=2003&Title= %2D%3E2003%2D%3EChapter%2061%2D%3EPart%20I