Orlando Family
Law Attorney

The first step is to identify all assets and debts as marital and non-marital. Usually, marital are those that are acquired during the marriage and non-marital are acquired before the marriage or after filing for divorce. Next is to determine the value at the time of filing for each asset and debt. Florida is an equitable distribution state, which means the assets and debts will be divided equally. In most cases, with the help of an attorney, the husband and wife are able to divide their assets and liabilities fairly, to where each spouse is walking away with an equal chance to start their life as a single person. Through mediation, collaboration or wise guidance, couples can do this without a court appearance. When spouses are unable to come to a complete agreement about the assets, liabilities or family matters the court steps to make those decisions based on Florida case law. The majority of family cases do not need the intervention of the courts.

There are two grounds for divorce in Florida. Florida is a “no fault” state, the reasons for the breakdown in your marriage has no effect on the outcome of your dissolution. The grounds for the majority of divorces is called “irretrievable broken.” This means that no one is blaming the other for the breakdown of the marriage. There is one other grounds for divorce and it is rarely used. If your spouse is mentally incapacitated for a period of three years or greater, you are able to file for divorce. The state of Florida does not recognize cruelty or adultery as grounds for divorce. If you have inquiries, contact us..

Many factors are considered when the courts determined the child custody, one thing is for sure, the decisions you make for timeshare and parental responsibility should be in the best interests of your child. If the parents are unable to agree on a parenting plan together, the court will establish a parenting plan by using the “factors” found in Fla. Statute 61.13. It is important to know that the best interests of the children supersede the desires or interests of the parents. The State of Florida encourages a positive relationship with both parents. For inquiries, contact us. We are more than willing to assist you. .

The state of Florida follows guidelines in determining child support. Florida has an “Income Shared Model” and it is what the courts use for determining child support. Both parents’ income is expected to contribute to the care and welfare of the children. A formula is used to divide the incomes fairly to replicate the life the family could provide before the divorce. Child-care costs and the cost of health insurance for the children are relevant factors too. Florida 61.30 is the statute that also guides the court in knowing the amount of child support. For more information, call us.