Divorce Basics
Divorce laws and procedures are different in each state. Most states have simplified procedures for "no-fault" or "irreconcilable differences" divorces.
Property obtained during the marriage is normally divided equally. Property owned prior to the marriage, or property that is received during the marriage by gift or inheritance, normally stays with its original owner or recipient.
Determining the custody of children and the resulting visitation schedule can present the most difficult issues in a divorce. Courts seek a safe and stable environment that allows children to thrive.
When parents separate, child support begins immediately in an amount established by each state. Child support is computed based upon a formula that is either a percentage of the noncustodial parent's income or an amount based upon the income of both parents.
In a divorce, a judge may award spousal support (alimony) to a financially disadvantaged spouse. Some states have formulas establishing alimony based upon years of marriage and income, while other states simply identify a list of factors courts must consider in determining a proper amount.
Smart planning can put you in a better position to move forward following the divorce.
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Here are the steps involved in a divorce in Florida:
1. File a Petition
2. File an Answer
3. File Required Affidavits/Worksheet
4. Discovery
5. Mediation
6. Final Hearing
Florida courts try to ensure that both parents have frequent contact with a child following separation or divorce. As such, the default time-sharing plan in Florida is 50-50 visitation for each parent, regardless of the child’s age or gender.
Alimony, or spousal support, is based upon one spouse’s need for financial support and the other spouse’s ability to pay.
Florida law provides for an “equitable distribution” of marital assets and debts in a divorce. Although the court must begin with the presumption that all marital assets and debts are to be divided equally between the parties, the court may make an unequal division if the judge thinks that is fair.
Learn about filing for divorce in Walton County, Florida (FL), including fees, process, and court.
Mediation is a process where a neutral third party called a “mediator” acts to encourage and facilitate the resolution of a dispute between two or more parties. It is informal and non-adversarial. As opposed to court, decision-making authority rests with the parties. A majority of cases settle through mediation.
Here are the steps involved in a divorce in Florida:
1. File a Petition
2. File an Answer
3. File Required Affidavits/Worksheet
4. Discovery
5. Mediation
6. Final Hearing
Alimony, or spousal support, consists of periodic payments made from one spouse to another during and following a divorce.
The Consumer Credit Protection Act limits the amount that can be deducted as child support or alimony from earnings.
