4 CATEGORIES THAT NEED TO BE ADDRESSED FOR A DIVORCE IN FLORIDA
REVIEW THE CATEGORIES BELOW & SEE HOW THIS FITS IN YOUR SITUATION
1. EQUITABLE DISTRIBUTION OF ASSETS & LIABILITIESMany individuals believe if the account is only in their name it is not subject to be divided. That is incorrect. If the account, whether it is an asset such as a bank account or a debt such as a credit card, was acquired during the marriage, it is considered marital and subject to be divided. There are exceptions to this and also the parties can agree to divide things however they feel fit. The key to that is that both have to "agree".
2. ALIMONY / SPOUSAL SUPPORTRight now there is a bill before the governor of Florida that if passed will inevitably change the face and substance of alimony. However at the current time the law sets for the following: A marriage of less than 7 years would presumably have no alimony. A marriage of more than 17 years would presumably have permanent alimony. But it is not that cut and dry. There is a test of ability and need. This is a gray area and there is no formula to calculate the amount or even type of alimony.
3. CHILDREN MATTERSWhen children are involved it is and ought to be a top priority. Both parents presumably have a say, a vote, the power and right to be not only informed but in involved in the major decisions of the child. No parent ought to have more power or say than the other. There are exceptions to this. Both parents also have the right to meaningful time sharing with the children and that includes overnights. And both parents also have the responsibility to share in the expenses of raising the children. Child support is not an offer or negotiation, it is accordance to the state's legal guidelines.
4. ATTORNEY FEES & COSTSMany individuals feel that the other spouse should pay their attorney fees and costs, because they cheated, they lied, they are the ones that what the divorce, etc... The law allows a request for that, but it requires evidence to demonstrate that one party as the ability and the other has a need. it is discretionary and up to the Judges.