What is the difference between an annulment and a divorce proceeding?

An annulment proceeding is instituted for the purpose of determining by a judicial ruling that a valid marriage never took place due to some defect that existed at the time the parties were married.  By contrast, a divorce proceeding is instituted in order to terminate a valid marriage for reasons that occurred after the marriage was entered into.

I just moved to Florida and wish to file for a divorce. Does Florida divorce law have a residency requirement?

Yes.  Florida does have a residency requirement to obtain a divorce.  One of the parties to the marriage must reside six months in the state prior to the filing of the petition for the dissolution of marriage.

Does the fact that Florida is a "no-fault" divorce state mean that marital misconduct is never at issue in divorce proceedings?

No.  Although a party may file and obtain a divorce in Florida merely by establishing that the marriage is irretrievably broken or that one of the parties is mentally unfit, the issue of fault and any marital misconduct by the parties may be considered in determining issues of alimony and property distribution.

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 his or her 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.

How is alimony determined in Florida?

In awarding alimony, Florida courts consider all relevant economic factors, as well as any factor necessary to achieve equity and justice between the parties. Among the factors that courts evaluate are:

(1) the standard of living established during the marriage.
(2) the marriage's duration;
(3) the parties' respective ages and physical and emotional conditions;
(4) the parties' respective financial resources, including the marital and nonmarital assets and liabilities distributed to each party;
(5) all sources of income available to either party; and
(6) each party's contribution to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of a party.

With respect to the duration of the parties' marriage, a long-term marriage gives rise to a presumption in favor of permanent alimony. A short marriage raises a presumption against permanent alimony.

How is child support determined?

In Florida, child support is based on the combined income of the parents and how many children that parent is responsible for supporting.  In general, child support is determined by a mathematical formula comparing the respective gross incomes or potential gross incomes of the parties. Monthly expenses such as debts of each party are not taken into account unless they directly relate to the care of the children, such as child care or health insurance.

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 are the rights of a parent who does not live with the child?

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 parent who does not live with the child on a permanent basis has the same rights and equal authority as the parent that the child lives with to make all important decision regarding their children.

How paternity determined and what is my right?

In order to determine paternity, a blood test can be conducted to determine who the father of the child is. The test has an extremely high degree of accuracy. Once paternity is established, the parties can agree with or the Court can determine the parties’ respective parental responsibilities and support obligations.

What is mediation?

Mediation is the processes of working with a neutral third party in helping the parties reach an agreement on the issues. In the event mediation is not successful, the parties must seek resolution through the Court. The information discussed in mediation is confidential and cannot be used against you in subsequent legal proceedings.