FAMILY LAW

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Dissolution of Marriage in Florida is NO FAULT

Florida has enacted a no fault dissolution of marriage statute. Under Florida law the husband and wife are treated as equal partners, sharing equal rights and obligations during the
marriage and sharing equal burdens in its dissolution. Because there is no requirement of fault, you only need to show that the marriage is irretrievably broken or that your spouse is mentally incapacitated.

How long must I wait once I file?

At least 20 days must elapse from the date of filing the Petition of dissolution of marriage before a final judgment may be entered. However, the court may enter a final judgment of dissolution of marriage at an earlier date where it can be shown that injustice would result from this delay.

The Relief Available

A Final Judgment of Dissolution of Marriage results in each spouse having the status of being unmarried. The relief one may seek in an action for dissolution of marriage includes:

a. Equitable distribution of property;
b. Alimony;
c. Parental responsibility and contact;
d. Child support;
e. Attorneys' fees and costs

Additional relief such as a Wife's request to restore her maiden name or partition of real and personal property may be available through what is referred to as ancillary actions

Simplified dissolution of marriage is available to marriages that meet certain criteria The Husband and Wife must join in the petition, appear at frenal hearing together, and certify the
following under oath:

a. That there are no minor or dependent children of the parties, and the wife is not pregnant.
b. That the parties have made a satisfactory division of their property and have agreed as to the                       payment of their joint debts/obligations.

The parties must also certify the truth as to other relevant facts that are described in the Family Law Rules of Procedure.

There are no specific statutory guidelines for alimony in Florida.

Two (2) elements must always be satisfied when seeking alimony, the entitlement to and the amount of alimony. The most significant factors a Court considers in finding entitlement are:

a. Need of the requesting spouse:
b. Ability of the paying spouse; and
c. The standard of living established during the marriage.

The parents' obligation for Child support in Florida is governed by statute. It is a right belonging to the child and the parents cannot contract away their child's right to support. At any time during dissolution of marriage proceedings, the judge may order either or both of the
parents to pay support in accordance with the child support guidelines 

A change in circumstances in the payors income alone may be sufficient grounds to seek modification. In final judgments involving alimony, this is applicable when the Court reserves
jurisdiction because the need of one spouse was greater than the other spouses ability to pay.

A substantial disparity in income is a valuable factor in showing that one spouse has been short-changed.

We analyze each case carefully. If you are concerned or have questions, request an appointment immediately before it's too late!

CALL NOW FOR A CONSULTATION:  (954) 462-3333