When you got married you were thinking you would be with your spouse forever. Unfortunately, things often do not work out as planned. If you are considering filing for Divorce, you should consult an experienced attorney. Harris Howard has experience with filing for or responding to a divorce proceeding, child custody issues, child support issues, equitable distribution of marital property, alimony, paternity, post judgment enforcement and modifications and pre or post Nuptial Agreements. In order to file for divorce in Florida, one of the parties must be a resident of Florida for 6 months before the filing of the petition for dissolution of marriage. Once the time limit is met, the divorce is brought in Circuit Court in the county where either one spouse lives or where the grounds arose or where the parties last resided as spouses At the outset of a divorce proceeding, both parties must file financial disclosure forms with the court. This allows the court to dissolve the marriage, equitably (fairly) divide the assets and liabilities, determine alimony, child support, attorney's fees and costs associated with the divorce proceeding. 1. Physical Custody/ “Primary Residential Responsibility” – where the child will live? 2. Legal Custody/ “Parental Responsibility” – Which parent makes decisions *Either type of parental responsibility can be exclusive or shared. The overwhelming standard to determine custody is Best Interests of the Child. The court wants to maintain the stability of the child. Once there has been a determination of parental responsibility, in order to change or modify that determination, there must be a substantial change in circumstances that affects the best interests of the child. Once a child support order has been entered, either parent can petition the court to make a modification of child support. The court will modify the order if there has been a substantial change in circumstances. Equitable Distribution Equitable Distribution is the way the Florida courts fairly distribute marital assets and liabilities during a divorce. The courts like to divide marital property, assets and liabilities evenly unless there are circumstances dictating otherwise. In Florida, the marital property, assets and liabilities must be equitably distributed before a determination of spousal support (alimony) is made. 1. Temporary Alimony: Alimony awarded while the divorce litigation is pending. 4. Lump Sum Alimony: a single case payment (note this is separate from the equitable distribution of property). _________________________________________________
Contact Harris Howard, P.A., a Broward and Dade County Family Law Firm located in Hollywood, Florida for a free consultation.
Divorce
Florida is a no fault divorce state. This means that you can get divorced for any reason and no party needs to be declared guilty of breaking up the marriage. The main reason for declaring a divorce is that the marriage has been Irretrievably broken.
If there are minor children involved, then the final judgment of dissolution of marriage will include a parenting plan, time sharing plan, and a determination of parental responsibility.
Child Custody
Today, Florida courts do not refer to this as custody anymore but rather “parental responsibility”.
Child Support
No matter whether you live in Miami, Fort Lauderdale or Palm Beach County, if you have minor children, the court will award child support.
Every biological parent has a legal duty to support every child they bring into the world. This legal duty cannot be waived or contracted away. Generally, the party declared the primary residential responsible parent will receive his or her portion of support to the other parent.
In Florida, child support is determined using a mathematical formula called the "Child Support Guidelines". This formula is based on the number of children and income of the parties. In determining the amount of child support, the court will also look to the expenses necessary to support the minor child (daycare, health insurance, etc), as well as the time-sharing plan. To deviate from the child support guidelines, the court will consider, the positive or negative special needs of the child, seasonal variation of income of one parent, age of parties, and assets and income of the parents.
If the party ordered to pay child support is not abiding by the court order, one can enforce the child support obligation by having the money taken out of their wages, seizing property or finding the delinquent parent in contempt of court.
Generally, Child support continues until the minor child turns 18 years old OR until the minor child marries.
First, the court will determine what non-marital property and what is marital property.
Non-marital property includes anything acquired prior to the marriage, a gift or inheritance given to one spouses solely, property that was separate at the time of marriage and kept separate during marriage, income earned from non-marital items, any pain and suffering portion of a tort judgment and anything the parties agreed in writing that would be non-marital property will remain non-marital property.
Marital property includes assets and liabilities held together by the married parties, assets and liabilities that come into the marriage during marriage regardless of whose name is on the title (salaries, wages, bonuses, stock options, pension plans, profit sharing, 401(k), etc). Marital property includes non-marital assets or liabilities that have been joined together and inter-spousal gifts. The increase in value of a non-marital asset because of the effort or money of either spouse during the marriage is also marital property.
Once the property has been classified as marital or non-marital, the court will equitably distribute the marital property. This distribution can occur by a cash payment or a transfer of title.
Alimony
Alimony is the monetary support given to an ex-spouse for their future. This is a continuation of the duty that married people owe to financially support each other. The Florida courts use alimony to maintain the parties’ standard of living after the dissolution of their marriage. The standard of living is the lifestyle the parties have become accustomed to during the marriage.
Alimony is determined based on the need of one party compared with the ability to pay of the other party. Alimony is not based on fault or punitive desire.
In determining the amount of alimony to award, the court MUST consider the following factors: the standard of living the parties enjoyed during the marriage, the duration of the marriage, the age, physical and emotional conditions of the parties, the financial resources that the parties have, including the amount of property awarded to them in the division of property, the time necessary to obtain educational training, the contribution that each party made to the marriage, and anything else that promotes equity between the parties:
There are 5 types of Alimony: They are NOT mutually exclusive meaning the court can and often does award more than one type.
2. Permanent Periodic Alimony: Alimony awarded for life. It is an ongoing obligation to pay a set sum for a set period (monthly). This award will end when the recipient dies or remarries.
In order to get permanent alimony the recipient must show : (a) the marriage was long term (approximately 15 years or more), (b) there is an income disparity between the parties and
(3) the recipient’s income from all sources does not meet the need established during the marriage.
3. Bridge the Gap Alimony: If a marriage is not classified as "long term" then this type of alimony is used. It is awarded for a short period of time to help the recipient meet short term financial difficulties associated the transition from married to single life.
5. Rehabilitative Alimony: this is the payment of money to enable the recipient to either recover from an illness or obtain an education or degree.
If the party ordered to pay alimony is not abiding by the court order, one can enforce the support obligation by having the money taken out of their wages, seizing property or finding the delinquent parent in contempt of court.
Attorney's Fees
If one party is unable to pay their attorney's fees, the court MAY order the other party to pay the attorney's fees. This determination is based on the need of the party that is unable to pay versus the ability of the other party to actually pay the attorney's fees.
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