Divorce

In terms of divorce, there are two types - Contested and Uncontested.  A contested divorce means that the parties cannot agree about the issues, i.e. property, assets, debts, children, support etc.  It resembles a standard lawsuit with a trial before a judge.  However, these issues may be resolved at mediation. For a divorce to be uncontested there must not be any children under the age of 18 and there is an agreement about all of the other issues.

Child Custody

In Florida, it is most common that one parent is the primary residential parent meaning this is where the child(ren) will live and the other parent has reasonable, liberal visitation (if no abuse).  Both parents have a shared parental responsibility which means that important decisions about the child(ren) are decided together.

Child Support

Both parents are responsible for the support of their children. Florida has child support guidelines.  Child support is calculated by determining the net monthly income of both parents, number of children, daycare expenses if any and insurance for the children. 

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Alimony

Either party may be granted alimony. Alimony is either Rehabilitative Alimony or permanent in nature. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony.

Asset Distribution

In Florida, the proceeding for a dissolution marriage includes the distribution of marital assets and liabilities between the parties. The court begins with the premise that these will be divided equally but if there is justification for an unequal distribution then it is considered equitable and not necessarily equal.

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