Divorce Laws in Florida

What is Divorce Laws in Florida

The divorce laws of a state are the statutes that provide a framework for the amicable settlement of disagreements that can arise between the parties ending a marriage. They also protect the spouses and children from harm due to the end of the marriage. A divorce in Florida is regarded as the dissolution of marriage, and the laws guiding it are in Chapter 61 of the 2021 Florida Statutes. Florida divorce laws permit a party in a marriage to file proceedings for the dissolution of their marriage when one of the parties has resided in the state for at least the last six months.

The original statutes of Florida established in 1828 provided for dissolution from the bonds of matrimony. These statutes were amended in 1835 to exclude legal separation and have been amended several occasions since then. They are currently updated yearly at the culmination of the normal legislative session and re-published in July or August.

Florida Divorce Requirements or Grounds for Divorce in Florida

The Florida Statutes allow divorce between married parties in the state on the following grounds:

A party to the marriage must have resided in the state for six months before filing a petition for the dissolution. Note that dissolution of marriage proceedings can be brought against parties not living in the state
Proof that the marriage is irretrievably broken or
One of the parties to the marriage is mentally incapacitated and has been judged to be incapacitated for a period of three years before the filing

An individual can prove they have lived for at least 6 six months in the state by providing a valid Florida driver's license, voter's registration card, identity card, affidavit, and the testimony of a third party. Petitioners on the ground of irretrievably broken marriages will have the courts rule in favor of divorce if the respondents agree to their petitions. And, if the courts find the marriages broken as petitioned. When the union has a minor child or the respondent denies the petition, the petitioner and the respondent will be requested to have marital counseling. This counseling can be with a marriage counselor, psychologist, minister, psychiatrist, priest, rabbi, or other person adjudged by the court to be acceptable to both parties. Alternatively, a court can ask a party filing a petition for marital dissolution to continue for a reasonable period, not exceeding three months, in their marriage if a minor is involved. The court hopes the couple will use this period to resolve their spousal differences.

Florida Marital Property Laws or Property Division Law in Florida

Florida statutes encourage the equitable distribution of assets and liabilities after the dissolution of marriages per Section 61.075 of the statutes. This means that Florida does not follow community property principles. In community property states, assets acquired by the parties in the marriage during the marriage are considered to be marital property and thus owned by both spouses. Some community property states go further and consider even income prior to marriage community property. To ensure equity between the parties, Florida courts will mandate the fair division of all marital assets and liabilities. They can also order monetary payments in installments or as lump sums between the paying and receiving parties in marriages. Furthermore, if they instruct payments between parties to be made in installments, they can require reasonable interest rates to be added to the payments.

Under Florida statutes, marital property includes all equities owned by both parties in the marriage while they were married unless specifically established to be non-marital assets or liabilities. These include:

Assets obtained and liabilities incurred during the time of the marriage individually or together
Non-marital assets that increased in value during the marriage as a result of other party's contribution during or from their contributions or expenditures using marital funds and or other forms of marital assets
The paydown of a mortgage and a part of all passive appreciation in the property's value. This would be the case if the payments for the mortgage and note secured by the property were made from marital funds during the marriage

On the other hand, non-marital property in Florida includes:

Assets and liabilities obtained and incurred respectively by either spouse before the marriage and assets and liabilities obtained and incurred respectively through the use of these assets and liabilities
All assets obtained by either spouse individually and not as gifts from either spouse and the assets acquired through these assets
All income acquired from non-marital assets during the marriage unless such income is used, treated, or relied upon by the parties as marital assets
All assets and liabilities eliminated from marital assets and liabilities by the parties through written agreements which are still valid and all assets and liabilities acquired and incurred respectively through such assets and liabilities
Any liability incurred through the unauthorized signature or forgery of a party to a marriage by signing the other party's name. Such liability will be the sole non-marital property of the party committing the forgery or using the unauthorized signature

Florida Alimony Laws

Per Section 61.08 of the Florida Statutes, a court may grant alimony to either party during the process of the dissolution of a marriage after the equitable distribution of marital assets. Alimony is money awarded by a court of law enforcing someone to pay to their former spouse after the dissolution of their marriage. Alimony can bridge the income gap or can be for a rehabilitative purpose for the receiving spouse. Also, its payment can be limited to a duration or it can be continuous. An alimony payment can be periodic or a lump sum.

Adultery and the circumstance of the infidelity are major considerations when Florida courts award alimonies, and these will also determine the amount of the award. In deciding whether to award alimony, a court will determine whether a spouse needs alimony and whether the other spouse is capable of paying spousal support.

If a court finds the need for alimony and the other party can pay, then the court will consider the following factors to determine the amount and type of alimony:

The standard of living of the receiving party during the marriage
The duration of the marriage
The physical condition, emotional condition, and age of each party
The finances of each party, including their marital and non-marital asset and liability
The level of education, earning capacity, vocational skill, employability, and time necessary for either party to acquire training or education to help them find employment
The contributions of each party to the education and career-building of the other party as well as services provided in homemaking and child care during the marriage
Future responsibility each party will have regarding any child they have in common that is still classified as a minor
The sources of income available to either party, including income through the investment of asset
Tax treatment and consequence to both parties as a result of the award of alimony, including the designation of the alimony as a non-taxable and non-deductible payments
Other factors ensuring equity and justice between the parties

The court can instruct a party who is ordered to pay alimony to secure life insurance, a bond, or other asset suitable to protect the alimony award. The length of a marriage is the period from the date of the marriage till the date of the filing of the action for the dissolution of the marriage. In determining alimony, the length of marriage is used to classify a marriage as:

Short-term (less than seven years)
Moderate-term (greater than seven years but less than 17 years)
Long-term (17 years or longer)

The types of alimony awarded in Florida include:

Bridge-the-gap alimony: This is awarded to assist a party in making a transition from being married to being single. The length of the award does not exceed two years, and it is terminated at the death of either party or the remarrying of the party receiving alimony. The court cannot modify the award period or the amount awarded to the receiving party later.
Rehabilitative alimony: This is awarded to assist a party in the process of establishing the capacity for financial independence through relearning a previous skill or through acquiring education, training, or necessary work experience for employment credentials. Rehabilitative alimony requires a definite rehabilitative plan as part of the order awarding it. It can be terminated or modified on completion, due to non-compliance, or as a result of significant change in circumstance.
Durational alimony: This is awarded to provide a party with economic assistance for a defined period after a short-term or medium-term marriage or after a long-term marriage where there is no need for permanent support. Durational alimony is an option when permanent periodic alimony is unsuitable. The amount awarded can be terminated or modified as a result of a significant change in circumstance, and the award ends after the death of either party or upon the receiving party's remarriage. However, the duration of the award must not be modified unless under an exceptional circumstance, and the term cannot exceed the duration of the marriage.
Permanent alimony: This is awarded to provide the needs of life as they were during the marriage to the party lacking the the financial ability to meet their needs following the dissolution of the marriage. Permanent alimony can be awarded if deemed appropriate after a long-term or moderate-term marriage after considering all the factors. When awarding permanent alimony, a court will include findings showing that no other form of alimony is fair after the particular marriage dissolution. An award of permanent alimony can be terminated or modified after significant modification in circumstance, and it terminates after the death of either party or after the remarriage of the receiving former spouse.

It is required that the award of alimony should not leave the payer with significantly less income than the net income of the receiving party unless in an exceptional circumstance.

Alimony vs Spousal Support in Florida

Florida State law does not differentiate between alimony and spousal support after the dissolution of a marriage. While it is called spousal support in some states, it is referred to as alimony in the 2021 Florida Statutes. Besides alimony payments after a divorce, Section 61.10 of the Statutes mandates spousal support even during legal separation while the divorce suit is ongoing. Such support is provided by the spouse with higher earnings to the spouse requiring financing help during the period in which they are living apart.

Child Support Laws in Florida

Per Section 61.09 of the 2021 Florida Statutes, a spouse with the capability to contribute to the upkeep of their minor child who fails to do so can be ordered by the family court to provide child support. This will be through a petition to the family court by the other spouse. The spouse who is not receiving support can apply to the court for support for the child, and the court will enter an order as it deems fit. This petition to the court can be done without seeking the marriage's dissolution. However, a petition for the dissolution of a marriage that is granted is accompanied by child support instructions unless there are no minor children. A court order for child support is subject to garnishment to enforce the order and judgment to ensure payment. Garnishment is a court order enabling part of the wages of a party needed to fulfill a court payment order to be paid by direct deductions from the wages by their employer. The writ of garnishment will be served on the public officer or employer responsible for paying the salary of the person having the duty of support, and the salary will be garnished for as long as the court determines.

Where the child is in the custody of a third party, and both parents owe a duty of support to the child, the child support payment by both parents will be paid to the third party. Child support will terminate at the child's 18th birthday unless there is a presence of mental and physical incapacity which requires continual support. The court can change the terms of a child support payment if a modification is found to be in the child's interest, or if there are changes in the circumstances of the parties. Court orders for child support also contain provisions for health insurance for the children of divorced parents. The court can order the party having the duty of support to maintain a life insurance policy or an alternative asset that can help to secure the child support award.

Child Custody Laws in Florida

In accordance with Section 61.503 of the Florida Statutes, the state's child custody laws provide guidance for the custody determination, judgment, decree, or order of minors in the state. These guide legal custody, physical custody, visitation, and residential care with respect to a child. Custody determination can be permanent, initial, or a modification order. Note that child custody is separate from an order for child support or other monetary responsibilities towards a child. Child custody is determined through child custody proceedings after considering divorce, abuse, guardianship, separation, neglect, dependency, termination of parental rights, paternity, and protection from domestic violence. However, contractual emancipation or enforcement, and juvenile delinquency, are exempted from a child custody proceeding.

Annulment in Florida

The 2021 Florida Statutes do not have provisions for the annulments of marriages. Still, marriages can be annulled if they meet certain criteria as set forth by the courts. Under Florida law, marriages that can be voided include those defined in Sections 741.21 through 741.22 of the state statutes such as:

An incestuous marriage
A common law marriage entered into after January 1, 1968
A marriage between persons of the same sex

Legal Separation in Florida

Legal separation is a status achieved by a married couple through a court to legally formalize their separation and allow them to live apart while still legally married. Florida Statutes do not have a provision for legal separation as this has been removed through the amendment of the original state statutes in 1835. While parties in a marriage can choose to separate, they remain legally married and not legally recognized as separated in Florida until one of them files for the dissolution of the marriage.