Florida Law changes due to two factors: (1) the Florida Legislature adds, modifies, or repeals existing Florida statutes and (2) appellate courts and/or the Florida Supreme Court overturn or modify existing case law authority. We change our web site information when these changes occur, so information on this site will change when the laws change. Consult with our attorneys directly or return to this site periodically to get what is the current Florida law on family law issues.
Family Law FAQs
This information is not to be used as legal advice.
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1. Can a party force the other party to remain married?
No one can be forced to remain married in the State of Florida. Your spouse cannot stop from getting a divorce. Florida is a “no fault” state. This means that the only reason needed to get a divorce is that the bonds of marriage are irretrievably broken. The term “irretrievably broken” means that the marriage is broken beyond the hope of repair. Usually that means that there nothing the Court can do (like order counseling) or order to fix the marriage. If one person believes that the marriage is broken beyond repair and the other disagrees and counseling cannot help, then the marriage is irretrievably broken. The Court will grant a divorce.
2. Are the marital assets and the marital debts always divided equally?
The law requires that marital assets and debts be divided EQUITABLY. Equitably does not mean equally. However, it means fairly in light of the parties specific circumstances. The Court is required to make justice based on the statutory factors, case law and the parties’ marriage. That is why it is important that you consult with a Florida licensed attorney to review your particular set of circumstances in light of Florida law.
3. If I leave the home, does it automatically give the other party the upper hand in a divorce?
Some people have the misconception that leaving the home automatically gives them a disadvantage. The reality is that if the marriage is so broken that the parties are engage in heated arguments and/or there is a history of domestic violence and/or allegations of domestic violence, the best of course of action is to protect oneself from acts of violence and/or protect oneself from possible allegations of domestic violence that may result in a criminal case. Sometimes the best option is to leave the home. The answer is No it does not on itself give an upper hand. However, you need to consult with a licensed attorney to ensure that you preserve your rights and do not make mistakes that may affect your case.
4. Does the amount of time I spend with the child(ren) affects the amount of child support I have to pay?
Yes. However, the Florida law defines time as overnights. If you spend a significant amount of time, which under the current statute is little as 20% of the overnights, a different calculation takes place that affects the amount of child support. Child support is mostly calculated based on the parties income, daycare/extended day cost, health insurance and the amount of time spent with the child(ren). If you have received a notice from child support office about child support and there is no other case that has determine the amount of time you spend with your children, the child support may be calculated as if you spend no time with the child(ren) despite of how much time you actually spend. If this is your situation, please call our office or a licensed Florida attorney immediately.