Florida is commonly referred to as a no-fault divorce state. Therefore, you don’t need to prove adultery or reasons for a divorce. See Florida divorce law 61.052. All Florida law requires is there be irreconcilable differences to obtain a divorce. See Ryan v. Ryan Generally, the requirements to file for divorce in Florida are minimal but navigating the court system can be difficult. A divorce case can have a long-lasting effect on your finances and the relationship you have with your children. It is recommended that you don’t go through the divorce process alone and hire a skilled Tampa divorce lawyer to assist.
For many, filing for divorce in Florida can sometimes be a long and tedious process. Florida divorce law has a complex web of statutes that must be successfully navigated. However, a divorce case in Florida can be summed up in many ways by using the PEACE acronym. The PEACE acronym represents all significant parts of a typical divorce in Florida and can help guide you through the process. Each part of the PEACE acronym is important, so if you need assistance contact a divorce law firm in Tampa for assistance.
P: Parenting Plan
Ideally, the parents will reach an agreement amongst themselves on how to address child custody. If an agreement is reached, the judge will typically ratify the terms of the agreement. If parents cannot agree, the judge will decide the outcome based on the best interests of the children. Florida law does not give any preference to mothers or fathers when determining child custody matters. Instead, the custody arrangement will depend on the specific facts and circumstances of each case. See Williams v. Williams.
E: Equitable Distribution
In a Florida divorce case, marital assets and liabilities are subject to equitable distribution. Generally, the court will start with the premise of dividing marital assets and debts 50/50. The law requires that a court equally distribute a marital asset unless a “legally sufficient justification for an unequal distribution is given based on the relevant statutory factors.” See Hitchcock v. Hitchcock. For advice on how to unequally divide marital assets contact a Tampa divorce attorney to schedule a consultation. Obtaining an unequal distribution of a marital asset in Florida can be difficult without legal counsel.
Alimony, which is also frequently referred to as spousal support, is payment from one ex-spouse to the other. The fundamental principle guiding an award of alimony is the disparity in the financial resources of the two parties. Under Florida divorce law, there are five types of alimony a judge can order as part of a divorce. The forms of alimony are; temporary, bridge the gap, rehabilitative, durational, and permanent alimony. See Florida divorce law 61.08. A judge may award any combination of these types of alimony. Further, alimony payments can be made periodically or as a lump sum.
C: Child Support
Florida courts will defer to the Florida Child Support Guidelines for determining child support. The Guidelines outline how much child support will be required by each parent based on their net income, the number of children involved, and the custody arrangement. In a Florida divorce case, the judge will strictly follow the Florida Child Support Guidelines. However, the court does have some discretion to deviate from the guidelines when it is appropriate to do so.
E: Everything Else
Do you want your name changed? Do you need to file bankruptcy in addition to divorce? There may be parts of your family law case that you didn’t know existed. Contact an experienced divorce lawyer for a comprehensive strategy on how to handle your case best. If you need assistance with a divorce case in Florida, contact Florida Law Advisers P.A., to schedule your free consultation with a divorce lawyer in Tampa.
Legal Separation in Florida
No one enters into a marriage with the expectation that it will end. However, people and circumstances change over time, and a once-thriving marriage may find itself in turmoil. When this occurs, often couples will decide to pursue separation before filing for divorce. Legal separation in Florida occurs when a married couple ends cohabitation and lives separately for a period of time. Under Florida divorce law, separation alone may not affect the marital status or property rights of either spouse. See Hollister v. Hollister.
A couple’s assets acquired after separation can still be considered marital property. Therefore, the property would be subject to equitable distribution in divorce, unless there is a written agreement to the contrary. The written separation agreement can act as a cut-off date for determining whether assets and liabilities are marital or separate. Without a written agreement, assets and liabilities incurred after separation but prior to divorce will be presumed to be marital.
With a valid agreement, property acquired by either spouse during separation may not have to be divided in a divorce. Therefore, if a couple is separated, they should consider entering into a post-nuptial agreement. The agreement can help provide clarity for the parties and avoid costly litigation in court.
Common-Law Marriage in Florida
Common-law marriage in Florida is a union that has never been formally registered with the State. Therefore, there was no official ceremony or marriage certificate issued. Instead, there is simply consent by the parties, coupled with some outwardly visible action, such as living together. Essentially, the couple would represent themselves out to be married and act as if they are in fact married. Living together is not a requirement of common law marriage in Florida. However, habitation status can be a significant piece of evidence.
The laws treat a valid common law marriage in Florida as it would any other legal marriage. The parties are entitled to all the benefits and responsibilities of marriage. Additionally, the dissolution process would generally be the same as any other dissolution of marriage in Florida. Further, even Alimony is available in a common-law divorce if the court feels it is appropriate under the circumstances.
Florida permitted common-law marriage until 1968 when it enacted Florida Statute 741.211. The statute abolishes a common law marriage in Florida entered into after January 1, 1968. However, Florida will still recognize a common law marriage that was legally created in another state. Marriages formed in other states are entitled to the full faith and credit under the United States Constitution. Thus, under Article IV of the U.S. Constitution, all states must recognize a valid common law marriage that was entered into in another state. The validity of the marriage is to be determined by the laws of the jurisdiction where the marriage took place.
Divorce When Your Spouse Lives Outside Florida
Florida requires at least one spouse to be a resident for at least six months immediately preceding the filing of the divorce. Establishing residency is typically a straightforward process that is easily accomplished. The resident spouse can prove residency with a valid Florida driver’s license, Florida ID, or Florida voter registration card. If neither of these is available, an affidavit or testimony from a corroborating witness may be used.
Subject Matter Jurisdiction for Divorce in Florida
Residing in Florida for six months gives the state jurisdiction (authority) over the subject matter of the case. See Florida Divorce Law 61.021. However, it does not necessarily give Florida jurisdiction over the people involved in the case. Satisfying the residency requirement only gives Florida authority to grant the divorce. It does not give Florida authority over all parties involved. For instance, if the wife living in Georgia relocates to Florida seeking a divorce, Florida may not have jurisdiction over the husband even if the wife lived in Florida for the six months preceding the filing of the divorce petition. Without jurisdiction over the husband, Florida cannot require him to pay alimony or distribute marital assets in the divorce.
Personal Jurisdiction for Divorce
For Florida to have jurisdiction over a spouse living in another state one of the following must occur:
- The couple maintained a home in Florida as husband and wife (See Florida Statute 48.193); or
- The spouse living outside of Florida is personally served the divorce petition within Florida; or
- The spouse living outside of Florida waives his/ her right to contest jurisdiction. For instance, if the spouse responds to the divorce petition without raising the issue of jurisdiction in the initial response, the spouse will subject himself/ herself to the jurisdiction of the court automatically and cannot challenge jurisdiction at a later time.
How To Divorce in Florida When You Can’t Find Your Spouse
Florida law requires notice of any action that will affect a person’s legal rights including a divorce case. Notice means you inform the opposing party of the actions that you are taking in court. Notice can be an issue if you need to file divorce and don’t know where your spouse is. Generally, Florida divorce law will require you to locate and personally serve the opposing with the divorce petition. Thus, if you are unable to find your spouse you will need to take other steps to provide proper notice. Service/ notice can be a complex issue with many procedural requirements. Therefore, if you need assistance it is best to retain a divorce attorney to assist with these matters.
Constructive service can be used to get a divorce when you can’t find your spouse. Constructive service means “serving” in a non-traditional way. When constructive service is involved, a court can grant a dissolution of marriage (divorce) but cannot establish paternity, award child support, or alimony. Additionally, the service may affect the court’s ability to settle marital assets and debt claims. Therefore, you should contact a divorce lawyer to inquire whether serving via constructive service is appropriate for your case. If constructive service is not feasible, a divorce lawyer should be able to provide other solutions for the case.
The Diligent Search & Inquiry
Generally, the first step is to complete a diligent search and inquiry to attempt to find your spouse. A good divorce attorney can help you with an investigation to find your spouse. In many circumstances, an investigation by a divorce lawyer will result in a successful location of the opposing party.
Should the opposing party not be able to be located, the court will allow for other ways to notice the opposing party. However, the diligent search and inquiry must have been properly done beforehand. See Hobe Sound v. First Union. The diligent search must be done in compliance with Florida Statute 49.011.
Publication in a Newspaper
If you are unable to locate the opposing party, publication in a newspaper may be a viable solution. The publication advising of the divorce case will need to run in a local newspaper for four consecutive weeks. Also, there will likely be a fee charged by the newspaper for the publication. Each case is different, but newspaper publication fees are usually around $200. The opposing party will have thirty days from the publication to respond and challenge the case.
Shop Around For a Tampa Divorce Attorney
Choosing an experienced, trustworthy divorce attorney is the single best step you can take to help make your divorce as smooth as possible. Going through a divorce can be a highly stressful and emotional experience. You need a trusted legal advocate who will help you achieve a fair outcome. Unfortunately, not all divorce attorneys are created equal. Top divorce attorneys in Tampa are known for their superb communication skills, clearly outlined fees, and impressive track records of success. Separating the five-star attorneys from those who are inexperienced or unresponsive is essential to securing a positive outcome in your case.
Knowing how to spot the signs of a poorly performing attorney is just as important as knowing the qualities of a good divorce attorney in Florida. If you notice one or more of the issues below you may want to consider your options more carefully:
- Unresponsive: Is consistently late arriving at your meetings or responding to your calls and emails
- Evasive: Fails to provide you with a written estimate, list of policies, or a summary of what is covered in their fee structure
- A Bad Reputation: Poor online reviews or a bad industry reputation are red flags that you should not ignore
- Uneducated: Attorneys who lack the education or experience to handle a divorce case are a recipe for disaster
- Dismissive: Lawyers who are unwilling to answer your questions or who do not listen to you are poor choices
Consult a 5-Star Trusted Divorce Law Firm in Tampa
We understand how stressful a divorce can be and are here to help. At Florida Law Advisers, we want to provide solutions, not add to your burden with overpriced legal fees. We invite you to call us today to schedule a free consultation with an attorney at our firm. During your consultation, you will discover why so many people in the Tampa Bay Area turn to us for help with their divorce. Whether a couple mutually agrees to the terms of a divorce or are engaged in a fierce battle for their property and child custody rights, Florida Law Advisers, P.A. can help. Call us today at 800 990 7763 or fill out the “free case review” form on our website for more information.