Florida Divorce Laws

Florida Divorce Laws regarding child custody

The Court ponders over the following before awarding child custody.

• Proof of child abuse or domestic violence
• Proof that one of the parties has purposely offered false data to the Court about domestic violence
• The capacity and readiness of either parent to inspire and facilitate a healthy relation between the other parent and the child
• If the Court thinks that the child has enough experience, understanding and intelligence to make a preference, then the reasonable preference of the child is considered
• The record of the child in community, in school and at home
• The physical and mental state of the parents
• The moral fitness of the parents
• The permanency of the proposed or existing custodial residence
• The duration for which the child has resided in a satisfactory and stable ambience and the wish of continuing the same
• The ability and inclination of the parents to offer the child medical care, clothing, food, other material needs or other remedial care as per the laws of the state
• The emotional ties, affection and love that exists between the child and the parents
• The willingness of one parent to permit continued and frequent contact amongst the child and other parent
• Any other fact that is thought to be relevant by the Court

Florida divorce laws regarding spousal support

The alimony granted to one of the parties may be permanent or rehabilitative. The payments to be offered may be as a lump sum amount or periodic. Any adultery committed by either spouse and the circumstances for that may be considered by the Court while deciding alimony. The Florida statutes 61.08 are the basis of awarding alimony. Some of the issues taken into account by the Court while determining spousal support are as follows –

• All sources of income of both parties
• The contribution of both partners during married state, like career building of the other partner, education, child care and homemaking
• The duration essential for the partner to attain enough education or training to seek apt employment
• The marital and nonmarital liabilities and assets offered to each partner
• Emotional state, physical condition and age of both partners
• The period of marital life
• The standard of living enjoyed in marital status

Property distribution

The Court intends to divide the property equitably, unless it is justified that unequal distribution is proper on the basis of issues like –

• The purposeful destruction, depletion, waste or dissipation of marital assets after the petition was filed or during two years prior to the filing
• The contribution of one partner to the educational chances or personal career of the other partner
• Any interruption in the educational chances or personal careers of any of the partners
• The period of marital life
• The financial condition of the partners
• Contribution of both partners while attaining, enhancing and producing income
• Other issues that the Court finds essential for justice and equity amongst the parties

Divorce Papers