Florida Divorce Information and
FAQ
To obtain a dissolution of marriage, one of the parties to the marriage
must reside 6 months in the state before the filing of the petition.61.021
Dissolution of marriage - Grounds
No judgment of dissolution of marriage shall be granted unless one of
the following facts appears, which shall be pleaded generally:
(a) The marriage is irretrievably broken.
(b) Mental incapacity of one of the parties.
Based on the evidence at the hearing, the court shall dispose of the
petition for dissolution of marriage when the petition is based on the
allegation that the marriage is irretrievably broken as follows:
(a) If there is no minor child of the marriage and if the responding
party does not deny that the marriage is irretrievably broken, the court
shall enter a judgment of dissolution of the marriage if the court finds
that the marriage is irretrievably broken.
(b) When there is a minor child of the marriage, or when the responding
party denies that the marriage is irretrievably broken, the court may:
1. Order either or both parties to consult with a marriage counselor,
psychologist, psychiatrist, minister, priest, rabbi, or any other person
deemed qualified by the court and acceptable to the party or parties; or
2. Continue the proceedings for a reasonable length of time not to
exceed 3 months, to enable the parties themselves to effect a
reconciliation; or
3. Take such other action as may be in the best interest of the parties
and the minor child of the marriage.
A judgment of dissolution of marriage shall result in each spouse
having the status of being single and unmarried. No judgment of
dissolution of marriage renders the child of the marriage a child born out
of wedlock. 61.052
Waiting Period No final judgment of dissolution of marriage may be
entered until at least 20 days have elapsed from the date of filing the
original petition for dissolution of marriage; 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. 61.19 Dissolution Questionaire
Upon filing for dissolution of marriage, the petitioner must complete and
file with the clerk of the circuit court an unsigned anonymous
informational questionnaire. For purposes of anonymity, completed
questionnaires must be kept in a separate file for later distribution by
the clerk to researchers from the Florida State University Center for
Marriage and Family. The actual questionnaire shall be formulated by
researchers from Florida State University who shall distribute them to the
clerk of the circuit court in each county. 61.043
Alimony pendente lite; suit money In every proceeding for dissolution
of the marriage, a party may claim alimony and suit money in the petition
or by motion, and if the petition is well founded, the court shall allow a
reasonable sum therefor. 61.071
Equitable distribution of marital assets and liabilities In a
proceeding for dissolution of marriage, the court shall set apart to each
spouse that spouse's nonmarital assets and liabilities, and in
distributing the marital assets and liabilities between the parties, the
court must begin with the premise that the distribution should be equal,
unless there is a justification for an unequal distribution. 61.075
Alimony In a proceeding for dissolution of marriage, the court may grant
alimony to either party, which alimony may 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 factors necessary to do equity and justice
between the parties.
Rotating custody The court may order rotating custody if the court
finds that rotating custody will be in the best interest of the child.
61.121 Custody and support of children; visitation rights In a proceeding
for dissolution of marriage, the court may at any time order either or
both parents who owe a duty of support to a child to pay support in
accordance with the guidelines in s. 61.30.
The court shall order that the parental responsibility for a minor
child be shared by both parents 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. 61.13
Enforcement and modification of support, maintenance, or alimony
agreements or orders When the parties enter into an agreement, or when a
party is required by court order to make any payments for, or instead of,
support, maintenance, or alimony, and the circumstances or the financial
ability of either party changes or the child who is a beneficiary of an
agreement or court order reaches majority after the execution of the
agreement or the rendition of the order, either party may apply for an
order decreasing or increasing the amount of support, maintenance, or
alimony. When a court enters an order for the payment of alimony or child
support or both, the court shall make a finding of the obligor's imputed
or actual present ability to comply with the order. If the obligor
subsequently fails to pay alimony or support and a contempt hearing is
held, the original order of the court creates a presumption that the
obligor has the present ability to pay the alimony or support. At the
contempt hearing, the obligor shall have the burden of proof to show that
he or she lacks the ability to purge himself or herself from the contempt.
Mediation of certain contested issues 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 an agreement is reached by the parties on the contested
issues, 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. 61.183
Entry of judgment of dissolution of marriage, delay period No final
judgment of dissolution of marriage may be entered until at least 20 days
have elapsed from the date of filing the original petition for dissolution
of marriage; 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. 61.19
Parenting course authorized; fees; required attendance; contempt All
parties to a dissolution of marriage proceeding with minor children or a
paternity action which involves issues of parental responsibility shall be
required to complete the Parent Education and Family Stabilization Course
prior to the entry by the court of a final judgment. The court may excuse
a party from attending the parenting course for good cause. All parties
required to complete a parenting course under this section shall begin the
course as expeditiously as possible after filing for dissolution of
marriage and shall file proof of compliance with the court prior to the
entry of the final judgment.
All parties to a modification of a final judgment involving shared
parental responsibilities, custody, or visitation may be required to
complete a court-approved parenting course prior to the entry of an order
modifying the final judgment. 61.21
Child support guidelines; retroactive child support The child support
guideline amount presumptively establishes the amount the trier of fact
shall order as child support in an initial proceeding for such support or
in a proceeding for modification of an existing order for such support.
Each parent's percentage share of the child support need shall be
determined by dividing each parent's net income by the combined net
income. Each parent's actual dollar share of the child support need shall
be determined by multiplying the minimum child support need by each
parent's percentage share.
The court may adjust the minimum child support award, or either or both
parents' share of the minimum child support award, based upon any
consideration in order to achieve an equitable result.
Every petition for child support or for modification of child support
shall be accompanied by an affidavit which shows the party's income,
allowable deductions, and net income computed in accordance with this
section. The affidavit shall be served at the same time that the petition
is served.
In an initial determination of child support, whether in a paternity
action, dissolution of marriage action, or petition for support during the
marriage, the court has discretion to award child support retroactive to
the date when the parents did not reside together in the same household
with the child, not to exceed a period of 24 months preceding the filing
of the petition. 61.30
Appointment of guardian ad litem In an action for dissolution of
marriage, modification, parental responsibility, custody, or visitation,
if the court finds it is in the best interest of the child, the court may
appoint a guardian ad litem to act as next friend of the child,
investigator or evaluator, not as attorney or advocate. 61.401 A guardian
ad litem shall have the powers, privileges, and responsibilities to the
extent necessary to advance the best interest of the child, including, but
not limited to, investigating the allegations of the pleadings affecting
the child, and, after proper notice to interested parties to the
litigation and subject to conditions set by the court, may interview the
child. 61.403
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