Divorce in Florida: Things to Consider

Divorce in Florida – Things to Consider www.beinerlaw.com 1

DIVORCE

IN FLORIDA

– THINGS TO CONSIDER

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Reaching the decision that a marriage cannot be saved is never easy. Once that

decision has been made, however, it is time to consider the practical and legal

aspects of a divorce. Although the process of divorce is never the same for any two

couples, there are some general considerations that apply to any Florida divorce.

Only an experienced Florida family law attorney can answer specific questions

about your case and provide you with individualized advice; however, a general

overview of some of the most common considerations when divorcing in Florida

may be beneficial if you are contemplating the end of your marriage.


Basic Requirements for a Florida Divorce

Like many states, Florida has abolished the need to prove fault when petitioning for

a divorce, formally referred to as a “Dissolution of Marriage. In Florida, you need

only allege that your marriage is “irretrievably broken”. Fault on the part of either

spouse may, however, be a consideration with regard to issues decided in the

divorce such as spousal support, parental responsibility and division of assets.

Either you or your spouse must have been a resident of the State of Florida for the

six months preceding the filing of the petition for Dissolution of Marriage. The

petition may then be filed in the county where you or your spouse last resided as

husband and wife.


Assets and Debts

When you divorce, all of the marital assets and debts must be divided. Florida is an

“equitable distribution” state, meaning that the assets and debts of the marriage

should be divided fairly. This does not necessarily mean equally. If the parties

cannot agree and the court is required to decide how property is to be divided, a

number of factors will be considered in determining an “equitable distribution”,

including, but not limited to:

The contribution to the marriage by each spouse, including contributions to

the care and education of the children and services as homemaker;

The economic circumstances of the parties;

The duration of the marriage

The intentional dissipation, waste, depletion, or destruction of marital assets

The contribution of one spouse to the personal career or educational

opportunity of the other spouse

Any interruption of personal careers or educational opportunities of either

party

Children – Custody, Visitation, and Support

Florida uses terms such as “parental responsibility” and “time-sharing” when

discussing the role of parents with regard to minor children after a divorce. If a

court is asked to decide custody and visitation issues, the judge will attempt to

ensure that both parents have continued and frequent contact with the minor


children post-divorce and that both parents share in the responsibility of raising the

children. Ultimately, the judge will decide what he/she thinks is in the “best

interests of the children”.

Child support will also be ordered by the court. The amount of support is

determined using the Florida Child Support Guidelines. The income of both parents

will be used to determine how much money each month is available for the care and

maintenance of the minor children. The available funds are then apportioned

between the parents using the child support calculator. Along with income, some

factors used when deciding child support include parenting time, the child’s

extraordinary medical expenses, child care expenses, and either party’s pre-existing

child support or alimony obligations.


Alimony/Spousal Support The courts will award alimony or spousal support, if it is warranted. A court will

consider factors such as the length of the marriage, the standard of living a party has

been accustomed to during the marriage, and the requesting party’s educational

level and income producing ability and the other spouses ability to provide support

when deciding if alimony should be awarded. Four different types of alimony may

be awarded in a Florida divorce:

Rehabilitative – this type of spousal support is intended to be used to assist

in redeveloping skills and achieving financial independence. Therefore, it is

only awarded for a limited period of time after the divorce.

Durational – this is only ordered for a short period of time after the divorce

when alimony is appropriate but does not need to be permanent.

“Bridge-the-gap” –this is used when a party needs extra funds to make the

transition from married to single and may be used for things such as to

purchase a vehicle or rent an apartment. This type is often paid in a lump sum.

Permanent –permanent alimony is paid until remarriage or death of the

recipient spouse.

If you are considering divorce, it is in your best interest to consult with an

experienced Florida family law attorney as soon as divorce becomes a possibility.

Ideally, you and your spouse can reach an amicable out of court agreement.

However, a divorce may become adversarial and contentious, making it even more

important to have an experienced attorney on your side to ensure that your rights

are protected throughout the process.


About Beiner, Inkeles& Horvitz

Beiner, Inkeles& Horvitz, with offices in Boca Raton and New York City, is a boutique law firm (four attorneys with a combined experience of more than 100 years and two paralegals), large enough to have all of the latest, sophisticated modalities to ensure that our clients are receiving cutting edge legal support, yet small enough that each client receives the personal attention of one of our very experienced senior attorneys. We have extensive experience in all areas of family law, including negotiating and drafting Pre-Nuptial and Post-Nuptial Agreements; obtaining relatively simple, uncontested divorces; litigating complex divorce cases involving child-support, equitable distribution schemes, alimony, and pension and profit-sharing QDRO’s; seeking modification of existing support and visitation Orders.

We also meet with clients to understand their particular familial and financial circumstances, counsel them with regard to how they can pass their wealth to their loved ones as simply as possible, avoiding probate, while reducing or eliminating their potential estate tax exposure. Using Revocable (Living) Trusts, HEALTH CARE Proxies, Pre-Need Guardian Designations, and other such estate planning tools, we attempt to assure that our clients will be cared for and protected both during their lives and thereafter.

We invite you to call for a consultation with one of our senior attorneys to discuss your particular needs and concerns, so that we can advise and counsel you and attempt to resolve your matter amicably and expeditiously. Our firm offers mediation as a way to resolve conflict without lengthy and costly litigation. Stephen Beiner is a Florida Certified Mediator and Harvey Nussbaum now devotes all of his practice to mediation. We can either serve as a mediator to attempt to resolve the pending issues in your matter or we can accompany you to mediation to make sure that your rights are protected during the negotiation and settlement process.

And if you have gotten a bad result in your case and you think the judge has erred, we handle appeals from previous decisions; appeals must be filed within 30 days of the decision being rendered by the Court.

The Law Offices of Beiner, Inkeles& Horvitz 2000 Glades Rd, Bank of America Building, Suite 110 Boca Raton, FL 33431 Phone: 561.750.1800 Fax: 561.338.3803 Website: www.beinerlaw.com Email: [email protected]

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