Family Law Attorney in Sarasota

Florida is a “No-Fault” Divorce State

Under Florida law, divorce is known as “dissolution of marriage.” To obtain a divorce in Florida, at least one of the parties must have been a resident of the state for at least six months prior to filing for divorce.

The vast majority of divorces in Florida are based on the ground that the marriage is irretrievably broken. Florida is a “no-fault” divorce state, meaning that neither party is required to prove fault or wrongdoing by the other party in order to obtain a divorce. Instead, the court will grant a divorce if it finds that the marriage is irretrievably broken and that there is no reasonable possibility of reconciliation. In Florida, there is a residency requirement: one of the parties must have been a resident of Florida for at least six months prior to filing for divorce. This requirement applies to both contested and uncontested divorces.

Florida is an “equitable distribution” state, which means that the court will divide the marital property in a manner that it deems fair and just, but not necessarily equal. The court will consider a number of factors when making this determination, including the length of the marriage, the financial resources of each party, and the contributions of each party to the marriage.  Generally speaking, marital property includes assets and debts that were acquired during the marriage, regardless of whose name is on the title or account.

How Does Alimony Work in Sarasota?

In addition to property division, the court may also award alimony (also known as spousal support) to one of the parties. The court will consider a number of factors when determining whether to award alimony, including the length of the marriage, the financial resources of each party, and the standard of living established during the marriage.  As of the time of this writing, a bill known as S.B. 1416 has passed the Florida Senate and House by overwhelming majority; however, the bill, which would become effective July 1, 2023, has not been signed by the governor.

Child Custody and Child Support

If the parties have minor children, the court will also make decisions regarding child custody, visitation, and child support. The court will consider a number of factors when making these determinations, including but not limited to the best interests of the child, the financial resources of each party, and the parenting abilities of each party.  Florida law recognizes two types of parental arrangements: shared parental responsibility and sole parental responsibility.

Shared parental responsibility means that both parents have a say in major decisions affecting the child, such as education, healthcare, and religious upbringing. Sole parental responsibility means that one parent has the authority to make these decisions.  Sole parental responsibility will not be granted in Florida unless the court has determined that it would be detrimental for the child to grant shard parental responsibility.

Florida law requires both parents to provide financial support for their children. The court will calculate child support based on various factors, including the income of each parent, the number of children, and the time-sharing arrangement.

Divorce Can Be Complex and One Should Consider Hiring An Family Law Attorney

Overall, the divorce process in Florida can be complex and emotionally challenging, especially when minor children are involved. It is important to work with an experienced family law attorney to ensure that your rights and interests are protected throughout the process.