Family Law ยท March 20, 2023
Family Law in Florida: What You Need to Know Before You File
Divorce, custody, and support cases are among the most emotionally charged legal matters a person can face. Understanding Florida's approach before you file can save you time, money, and heartache.
Family law cases are unlike any other. The opposing party is someone you once loved, and often someone with whom you share children, property, and a lifetime of shared history. The decisions made in a Florida family law case can affect your children's lives, your financial security, and your future well-being for decades.
Divorce in Florida: A No-Fault State
Florida is a no-fault divorce state, meaning that neither party needs to prove wrongdoing to obtain a divorce. The only grounds required are that the marriage is 'irretrievably broken.' While this lowers the barrier to filing, it does not simplify the process when children, real estate, businesses, or significant assets are involved.
Equitable Distribution of Marital Assets
Florida divides marital assets and debts equitably, which means fairly, not necessarily equally. Courts consider the length of the marriage, each spouse's contributions (financial and non-financial), the economic circumstances of each party, and other relevant factors. Separate property, assets owned before the marriage or received as gifts or inheritance, is generally not subject to division, but the line between separate and marital property can blur over time.
Child Custody: Parental Responsibility and Time-Sharing
Florida law no longer uses the terms 'custody' and 'visitation.' Instead, courts determine 'parental responsibility' (decision-making authority) and a 'time-sharing schedule' (when each parent has the child). Florida strongly favors shared parental responsibility and frequent contact with both parents, unless there is a history of domestic violence, abuse, or other factors that make such arrangements harmful to the child.
Child Support
Florida calculates child support using a statutory formula based on both parents' incomes, the number of overnights with each parent, and expenses such as healthcare and childcare. The formula produces a presumptive amount that courts can deviate from in certain circumstances. Failure to pay court-ordered child support can result in wage garnishment, contempt of court, and driver's license suspension.
Family law matters demand an attorney who is both a skilled litigator and a compassionate counselor. Charles Vega provides both. Call (800) 975-0529 to speak with him directly.
Attorney Advertising | General information only. Not legal advice. This is a static reading copy of a public Insights article. Consult an attorney about your specific circumstances.