Florida has a distinct and easy to understand set of divorce laws. The state follows the no-fault divorce rule, meaning that a spouse does not have to prove that the other spouse did something wrong in order to get a divorce. Call Jacobs Law Firm, uncontested divorce attorney Orlando for more information.
When filing a divorce in Florida, the court follows an acronym called PEACE, which stands for Parenting, Equitable Distribution, Alimony, Orlando Child Custody Attorney, and Everything else.
Divorce laws in Florida cover custody and visitation rights for both parents. The state uses the term "parenting plan" to refer to the schedule that detail when each parent will have time with the child. In most cases, the court will approve a parenting plan proposed by both parents. If the parents cannot agree on a plan, the court will create one for them.
After a divorce, Florida law requires that all marital property be divided in an equitable (fair) manner. This does not necessarily mean that the property will be split evenly between the spouses. The court will consider several factors when determining how to divide the property, including:
-The length of the marriage
-Each spouse's contribution to the marriage (including homemaking and childrearing)
-Each spouse's economic situation
-The couple's standard of living during the marriage
-The age and health of each spouse
-Any prior marriages of either spouse
-Whether either spouse has custody of minor children
In some cases, one spouse may be ordered to pay alimony (spousal support) to the other. There are several factors that the court will consider when making this decision, including:
-The length of the marriage
-The financial needs and earning abilities of each spouse
-The ages and physical and emotional health of each spouse
-The contributions each spouse made to the marriage (including homemaking and childrearing)
-The standard of living the couple enjoyed during the marriage
In Florida, child custody is called "timesharing." The court will consider several factors when making a timesharing decision, including:
-Which parent is more likely to allow the child to have frequent and continuing contact with the other parent
-The ability of each parent to encourage a close relationship between the child and the other parent
-The willingness of each parent to honor the time-sharing schedule and ensure that the child is able to spend time with the other parent
-The ability of each parent to provide a stable home environment for the child
-The ability of each parent to ensure that the child receives adequate food, clothing, shelter, medical care, and education
-The age and developmental stage of the child
-The preference of the child, if the child is old enough to express a preference
-The distance between the homes of the parents
-The work schedule of each parent
In Florida, child support is based on the income of the non-custodial parent and the number of children they have. The courts will also consider other factors, such as:
-The financial resources and needs of the child
-The standard of living the child would have enjoyed if the marriage had not ended
-The physical and emotional condition of the child, and their educational needs
-The financial resources and needs of the custodial parent
-The age and availability of other family members to help care for the child
-Whether either parent has remarried or is in a relationship with someone else.
If you have further questions about divorce laws in Florida, you should speak with an experienced Orlando family law attorney in your area.
Jacobs Law Firm
331 S. Wymore Rd., Winter Park, Florida