Divorce in Florida

Divorce, also known as dissolution of marriage, can be a difficult time in any person’s life.  You may have questions regarding issues involving your children, such as custody (now referred to as time-sharing), decision-making authority, and child support.  Further, you want to ensure that your property rights are secured.  You may also want to know whether there are special considerations for a military divorce or an uncontested divorce.  It is important to have a family law attorney who will advise you of your rights and listen to your needs. 

Any person going through divorce should consider utilizing the collaborative divorce process.

Your divorce may include the following elements:

Parenting Plan

A parenting plan is a document that outlines you and your spouse’s rights and responsibilities towards your children.  Issues addressed in a parenting plan include parental responsibility (decision-making authority), a time-sharing schedule (including holiday time-sharing), and matters that are specific to your family’s needs.  The parenting plan may be agreed upon by the parties in advance of a final hearing of dissolution of marriage, or it may be ordered by a judge.  The Law Firm of Adam B. Cordover will work to develop a parenting plan that is right for you.

Equitable Distribution

Equitable distribution is the division of the parties’ assets (property) and liabilities (debt).  The Court will first identify non-marital assets and liabilities, such as (i) items purchased by a party before marriage, (ii) debts incurred by a party prior to marriage, and (iii) gifts given to one of the spouses by a relative or friend.   The Court will secure these non-marital assets and liabilities to the appropriate spouse, and then the Court will look to divide the remaining marital assets and liabilities in a fair manner.   To ensure that your property rights are protected, it is important to speak with an attorney who practices primarily in family law.

Alimony

Alimony is largely based on one spouse’s need for money and the other spouse’s ability to pay.  Alimony comes in various forms, including the following:  (i) bridge-the-gap; (ii) rehabilitative; (iii) durational; (iv) lump sum; and (v) permanent periodic.  Further, a spouse may receive temporary alimony during the pendency of the divorce proceedings.  Whether a specific type of alimony is available depends on several factors, including the length of the marriage.  Contrary to popular belief, either a husband or a wife may seek alimony.  Make sure to discuss with a family law attorney about your options for seeking or opposing alimony.

Child Support

The Florida Statutes have created a formula to set out an appropriate child support amount.  This formula is based on the following factors:  (i) each party’s income; (ii) the amount of time each party spends with each child; (iii) daycare costs; (iv) medical insurance costs; and (v) non-reimbursed medical expenses.  However, the Court has the authority to deviate from this presumed child support amount.  To learn more about child support, contact The Law Firm of Adam B. Cordover, P.A.

Everything Else