Divorce Law FAQs
- Do you have to be resident of Florida to obtain a divorce in that state?
- What is no-fault divorce?
- What is the difference between an annulment and divorce?
- Who is responsible for child support before and after divorce?
- What factors are taken into account when determining a child support award?
- What are the rights of a non-custodial parent?
- What factors are taken into account when determining child custody issues in Florida?
- What is "equitable distribution" during a divorce?
- What types of alimony are available in Florida?
- What are premarital agreements? Is it different from a postnuptial agreement?
- Do you have to be resident of Florida to obtain a divorce in that state?
You must be resident of Florida at least for 6 months before you can obtain a divorce in that state. For an uncontested divorce, the dissolution of marriage action should be filed in either (1) the county where the defendant resides; or (2) the county where the spouses last lived together before separating.
- What is no-fault divorce?
Florida, along with many other states, has adopted no-fault divorce. Ground for no-fault divorce exists when married couples find there is an irretrievable breakdown of the marriage relationship or irreconcilable differences, incompatibility, and insupportability in their marriage. It is not necessary to show no fault by either spouse. Under these circumstances, mediation is often an effective option for a no-fault divorce and mediators can help you reaching an agreement on issues including custody, child support, shared parenting, property distribution, alimony, and insurance.
- What is the difference between an annulment and divorce?
The basic difference between annulment and divorce is in the outcome of the two decrees. Divorce dissolves a valid marriage for causes ordinarily arising after the wedding ceremony or during the marriage. An annulment, on the other hand, declares that no valid marriage ever took place because the marriage was void or voidable for a reason or reasons that existed at the time of the wedding ceremony.
- Who is responsible for child support before and after divorce?
In Florida, both parents have a duty to support their children during the marriage and after divorce. After divorce, an award of child support from one parent to the other enforces that duty.
- What factors are taken into account when determining a child support award?
There are various factors considered by a court in determining the amount of child support, including the parties' individual income base, their attributed income, the custodial parent's income, the needs of the parents and children, the ages of the children, child care expenditures, medical expenses, the financial impact of the custodial arrangements, support obligations for other dependents, and educational expenses for the children. To modify child support awards, the person seeking the modification is required to show a change of circumstances since the initial award, which is substantial and continuing.
- What are the rights of a non-custodial parent?
Usually, a judge will order "shared parental responsibility" for minor children when the parents separate or divorce. This means that both parents have a right to have full information about the children and to share in making major decisions for the children. The fact that a child lives primarily with one parent does not give that parent greater authority in the child's upbringing. A divorce decree usually directs that the non-custodial parent has the same rights and equal authority as the custodial parent to make all important decision regarding their children.
- What factors are taken into account when determining child custody issues in Florida?
The standard by which courts will determine which parent will be awarded custody is known as the ''best interests of the child'' standard. By applying this standard, a divorce court can examine the circumstances of a case and place the child in light of his or her physical, emotional, and spiritual needs. If a parent's physical or mental state is in question, custody of the child can be granted to a third person, such as a grandparent, only upon proving that custody being placed with that parent would be detrimental to the child's welfare.
The court also considers the following factors when determining custody, in addition to considering the best interests of the child: the wishes of the parents as to custody; the wishes of the child; the interaction of the child with his/her parents, siblings, and any other person who may significantly affect the child's best interest; the child's adjustment to his/her home, school, and community; and the mental and physical health of all individuals involved.
- What is "equitable distribution" during a divorce?
Florida is an "equitable distribution" state, which means that a court can equitably distribute the parties' marital property as part of the divorce proceeding. Marital property covers tangible and intangible property acquired by either or both spouses during the marriage. Each spouse can usually retain their non-marital property. "Non-marital property" means (1) property acquired before marriage; (2) property acquired during marriage by gift or inheritance; or (3) any property that the spouses designate as non-marital property in a written agreement.
- What types of alimony are available in Florida?
Alimony is also called spousal support or maintenance. Alimony is an income or maintenance payments by one former spouse to the other as a tool for financial restoration, to be applied where the property distribution alone would not serve to place each party in a position of financial independency. There are four types of alimony awards in Florida: (1) temporary, (2) permanent, (3) lump sum, and (4) rehabilitative. If you have questions about your right to alimony or your obligation to pay a support award, contact Weiner & Associates today to discuss your options.
- What are premarital agreements? Is it different from a postnuptial agreement?
Premarital agreements are also known as prenuptial agreements; they address property division, support, and other issues that arise in the event of dissolution or the death of one of the parties. A postnuptial agreement is similar to a premarital agreement, with respect to the issues that such a contract may cover, but it is executed after the parties are married (as opposed to prior to the marriage).
