Basics of Florida Family Law

Posted by Antonio G. Jimenez, Esq. | Oct 02, 2023 | 0 Comments

Florida family law encompasses a wide range of legal issues related to family relationships, including divorce, child custody, child support, alimony, adoption, and more. Here are some of the basics of family law in Florida:

1. **Divorce (Dissolution of Marriage):**
   - Florida is a no-fault divorce state, meaning that you don't need to prove fault or misconduct by your spouse to file for divorce.
   - To file for divorce in Florida, one of the spouses must have been a resident of the state for at least six months before filing.
   - There is a mandatory waiting period of at least 20 days between the filing of the divorce petition and the final judgment of divorce, although this waiting period can be longer depending on court availability.

2. **Property Division (Equitable Distribution):**
   - Florida follows the principle of equitable distribution when dividing marital assets and debts in a divorce. Equitable distribution means that property and debts are divided fairly, but not necessarily equally.
   - Marital property typically includes assets and debts acquired during the marriage, while separate property remains with the individual who brought it into the marriage.
   - The court considers various factors when determining the equitable distribution of assets, including the length of the marriage, each spouse's financial contributions, and more.

3. **Child Custody and Visitation (Time-Sharing):**
   - In child custody matters, Florida courts prioritize the best interests of the child. The state encourages shared parental responsibility, which means both parents should be actively involved in decision-making and parenting.
   - Parents may create a Parenting Plan that outlines time-sharing schedules and decision-making authority.
   - If parents cannot agree on a time-sharing arrangement, the court will make a determination based on the child's best interests.

4. **Child Support:**
   - Child support in Florida is calculated based on state guidelines that consider factors such as both parents' incomes, the number of children, healthcare costs, and childcare expenses.
   - Child support orders are enforceable by law, and failure to pay can result in legal consequences.

5. **Alimony (Spousal Support):**
   - Alimony may be awarded in Florida to provide financial support to a spouse during and after divorce. Factors considered include the length of the marriage, the financial resources of each spouse, and the standard of living established during the marriage.

6. **Paternity Matters:**
   - Florida law governs paternity cases to establish legal parentage for children born to unmarried parents. This process involves determining parental rights, responsibilities, and child support.

7. **Domestic Violence and Restraining Orders:**
   - Florida law provides legal protections for victims of domestic violence. Individuals who are experiencing domestic violence can seek restraining orders or protective injunctions.

8. **Adoption:**
   - Florida has specific laws and procedures for adopting a child, whether through private adoption, agency adoption, or stepparent adoption.

9. **Modification and Enforcement:**
   - If circumstances change, such as a change in income or the need to modify a parenting plan, individuals can seek court orders for modification.
   - Court orders related to child custody, visitation, child support, and alimony can be enforced through legal proceedings.

Family law matters can be emotionally and legally complex. It's important to consult with an experienced family law attorney in Florida to navigate these issues, protect your rights, and ensure that your interests are represented effectively.

About the Author

Antonio G. Jimenez, Esq.

Managing Attorney and Founder


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