FAMILY LAW

Family law involves many aspects of the family relationships.  These issues include, dissolution of marriage, adoption, dependency, termination of parental rights, grand-parent rights, child support, visitation with children, custody, spousal support,  post-judgment proceedings and many other issues.  

This web site is not designed to cover all aspects of all issues.  For information regarding issues other than the dissolution of marriage and related issues, you will need to seek alternative sources of information.  A good source of information is the library at your local courthouse.   This library is open to the public and there is usually a librarian who is able to assist you with researching any particular issue about which you need information.  

As always, it is imperative that you consult with an attorney in your home state for all particulars before making any decisions that will have any effect on your life.  The LAWYER LOCATOR service is designed to assist you in this regard. 

DISSOLUTION OF MARRIAGE:

The information contained herein is information which concerns only divorces occurring in the state of Florida.  It is absolutely essential that you consult an attorney in your town, city, county or home state for advice before making any decisions regarding your marital status. 

There are many issues that can arise when a marriage is breaking up.  The most immediate and important issues are:

CHILD CUSTODY:  

In Florida the term "custody" is technically not the appropriate legal term regarding with whom the children are living.  The parent with whom the children will live is referred to as the "primary physical residential parent."  The other parent is referred to as the "non-custodial parent."  Each parent is also said to have "shared parental responsibility."  Simply put, shared parental responsibility means that each parent has the right to be heard on all major issues regarding the child(ren).  What a major issue is may be open to interpretation.  The courts in Florida often take offense at parents not being civil enough with each other to resolve these types of issues.   

Absent agreement between the parties, the court will determine who the proper parent is to have "primary physical residence" of the parties' children.  The test is simply, "what is in the best interest of the child(ren).

VISITATION:

The "non-custodial parent" is entitled to visitation with the children.  It is preferred that the parties agree on these types of issues, but if the parties are unable to do so, then the court will enter an order regarding visitation.  This order may not always consider special circumstances which are unique to the people involved.  That is the reason why these issues are better worked out by the parties themselves.  

A typical visitation schedule usually includes:

    every other weekend

    one or two evenings during each week

    alternating major holidays

    extended  visitation (4 - 6 weeks) during the summer months

    father's day with Dad    

    mother's day with Mom

Of course, often times there are variations on the above, which is another reason why these issues are better solved by the parties themselves.

CHILD SUPPORT:

The calculation of the amount of child support paid by the non-custodial parent is simply a formula which is decided by the legislature of your home state.  There is typically little room for deviation absent special circumstances.  One example of a special circumstance may be that the child(ren) spend(s) equal time with both parents.   This arrangement, often referred to as "joint custody," is rare and has a low success rate.  It requires both parents either living very close to each other or the child(ren) being of tender years.  If the child(ren) are school age, then joint custody would be impossible unless both parents lived in the same school district.  Even still, this type of arrangement requires additional expense as each child would require two complete homes, i.e.,  two rooms, two sets of furniture etc.

The method of calculating child support in Florida considers the income of both parents, along with daycare expense, cost of health insurance and the cost of any special needs of the child(ren).

SPOUSAL SUPPORT:

Spousal support, also known as alimony, comes in several varieties.  The types of alimony include, temporary, permanent, lump sum and rehabilitative alimony.

TEMPORARY ALIMONY:

Temporary alimony is an award of support from one spouse to another during the pendency of dissolution proceedings.  Generally, the temporary award is followed by a permanent award unless otherwise agreed to by the parties.  For example, although one spouse may be given temporary alimony during the pendency of the dissolution proceedings, if the parties agree on lump sum alimony, see below, then there may not be a payment of permanent alimony.  Temporary alimony is given as a way in which to provide money flowing from one spouse to another while the dissolution is pending so that one spouse is not left with nothing while the other spouse still lives in the same manner he/she did prior to the marriage dissolving. 

PERMANENT ALIMONY:

To obtain an award of permanent alimony the marriage should have been of a duration greater than 10 years.  Although there is no set amount of time necessary to obtain an award of permanent alimony.  Also, typically the spouse making a claim for alimony did not work outside the home during the marriage.  Another common circumstance is where one spouse earned an income significantly greater than the other spouse.  

Considerations to be made when deciding whether to make a claim for permanent alimony are the length of the marriage, the earning capacity of both parties, and the living style of the parties during the marriage.

LUMP SUM ALIMONY:

Lump sum alimony is one payment from one spouse to another instead of monthly payments for a fixed period of time, or permanently.  A payment of lump sum alimony can come in several forms.  It may be a cash payment, complete rights to real estate, other material items such as boats, cars etc.  Lump sum alimony may also come in the form of stock, bonds, mutual funds, exclusive rights to a retirement account, 401K, or an IRA account.  There is room for a great deal of creativity between parties, or the court, in using the award of lump sum alimony.  It can also be used to provide certain tax advantages.  

REHABILITATIVE ALIMONY:

Rehabilitative alimony is generally used in the situation where one spouse is in need of financial assistance for a set period of time to get "back on their feet."  Many times one spouse will want to return to school to obtain further education so as to obtain better employment.  This type of alimony is available regardless of the length of the marriage, although the longer the parties have been married, the more likely an award of rehabilitative alimony will granted, providing the proper circumstances are present.

REMEMBER: Before making any decision as to what type of alimony is called for in your situation, you should always consult an attorney in your home state for guidance on what is the appropriate type and amount of alimony based on your own circumstances.

DIVISION OF ASSETS AND LIABILITIES:  

Most states are either "community property" or "equitable distribution" states.  Florida is an "equitable distribution" state.  This means that, absent an agreement by the parties as to the division of assets and liabilities, the court will divide all the bills and all the property, including any form of money (stocks, bonds, mutual funds, retirement funds or cash) between the parties based on that judge's opinion of what is fair.  The judge will consider the position of the parties in terms of need and ability to pay.  

It is best for the parties to reach an agreement on the division of assets and liabilities as the court can sometimes reach a division that no party ever imagined.  A judge can go so far as to order that a piece of furniture be cut in half, each party to receive one half of that piece of furniture, an outcome surely neither party contemplated.

If you live in a "community property" state, or if you live in a state other than Florida, it is absolutely imperative that you consult an attorney in your home state before making any type of agreement on the division of assets and liabilities.  Furthermore, no decisions should be made solely from the information provided on this web site.  Always consult with an attorney before making any decisions of a legal nature.