Dealing with a family law matter can be extremely stressful, so it is important to hire the right attorney who will be on your side. Divorce is arguably one of the most common family law issues, and unfortunately, divorcing couples often forget how important it is to discuss child support, alimony, and other issues when they are ending their marriage. Sorting out these important issues can be difficult, and we can help you to make the best decisions for your family.

Stanford Law Firm, handles family law, including:

When it comes to a family law case, timing is everything. Don't wait in pursuing representation, as you need to know what your rights are before you lose them. Contact Stanford Law Firm today to talk about your family law matter.

Florida made changes to Dissolution of marriage statutes, effective July 2023.

Residency Requirements

In order to file for divorce in Florida you must reside in Florida 6 months prior to filing.  Florida Statutes, Section 61 covers DISSOLUTION OF MARRIAGE (Divorce); SUPPORT; TIME-SHARING   61.021 Residence requirements.—To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.

Florida does not recognize legal separation; Obligations

61.031 Dissolution of marriage to be a vinculo.—No dissolution of marriage is from bed and board, but is from bonds of matrimony.  Florida does not  recognize a legal separation (dissolution from bed and board).  Rather, dissolution in Florida releases the parties from their marital bonds, but one or both parties may not be released from their financial obligations that accrued during the marriage or as a result of a child born of the marriage.  A spouse may be ordered to provide support in the form of alimony, and child support temporarily (during the divorce proceeding) while waiting on a trial or during a continuance and/or until the child reaches 18 or graduates from high school.  The parties may agree that child support will continue after the age of 18 or graduation from high school.  There also may be certain special situations impacting whether child support continues after the age of 18 or finishing high school. Alimony and Child Support can be complicated issues, and the pitfalls are explained more in detail below.  It is advisable to retain an attorney to navigate these issues.

Required Grounds For Divorce

The party filing for dissolution (divorce) must serve the complaint and all documents on their spouse.  You cannot file for dissolution secretly and not apprise your spouse that you have filed.  Even if your spouse leaves the home, county and/or state, or even the country, you must attempt to contact them and serve your spouse with the petition for dissolution so they can answer the petition.  Florida is a no fault state.  It is not necessary to prove that one party is at fault in the complaint/petition, and either party may file.  The only requirement in most marriages in Florida is to prove that the marriage is “irretrievably broken”  61.052 Dissolution of marriage.—

(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:
(a) The marriage is irretrievably broken.
(b) Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years.
 
The majority of divorces are granted bases on the grounds in (1)(a) that the marriage is irretrievably broken.  The petitioning spouse may merely plead that the marriage is irretrievably broken to satisfy this requirement. 
However, Florida Statutes dictate: If, at any time, the court finds that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage. If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage. The Court will also refuse to enter a divorce if it finds neither of the parties resided in Florida for the 6 months prior to filing.  
 

Co-Parenting

If there are children born of the marriage, their status is not affected by the divorce.  Florida Statutes, Section 61.052 (4) states: A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried. No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.  Children, however, are often negatively impacted by a divorce, and may need counseling to assist in processing any negative feelings they may have as a result of their parents' divorce. Parents are encouraged to co-parent peacefully for the sake of their child(ren), and Florida Courts require that parents with a minor child(ren) attend a Parent Education and Family Stabilization course and obtain a certificate of completion before granting a divorce.  Currently, parents may attend a Department of Children and Family approved course online or in person, and the Court provides a list of these approved courses with its order dictating parents' attendance.
 

Parenting Plan-Effective 2023 50/50 time share is presumed

Additionally, in a majority of dissolution proceedings, the Courts will sign an order incorporating a parenting plan signed by the parties which outlines in details the obligations of each party with regard to co-parenting communication, sharing information, transportation, and many other issues that ensure each parent is exercising their time-share, visitation and parental rights in good faith.  Each parent is expected to assist the other in connecting with the child(ren) and fostering a good relation between the other parent and child(ren).  It is presumed in Florida that contact with both parents is in the child(ren)'s best interests.  Florida Statutes, Section 61.13 explains that It is the public policy of this state (FL) that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. There is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.
 
2024 Changes for Child SupportChild Support Guidelines and Calculations**: 
  - The income share model now considers healthcare and childcare expenses directly in the calculation of child support, aiming for a more equitable distribution of financial responsibilities.
 
  - The court can deviate from the guidelines by more than 5% if it provides a written explanation for doing so, which might reflect changes in circumstances or special needs of the child.
 
- **Modification of Child Support**: 
  - Changes in circumstances like income, employment status, or parenting time can lead to modifications in child support. A modification can be petitioned if it results in a change of at least 15% or $50, whichever is greater.
 

- **Support for Dependent Adult Children**: 
  - Legislation effective from July 1, 2023, clarifies the obligation to support dependent adult children with physical or mental incapacities that began before age 18, setting guidelines for how support should be paid and considered.[](https://www.hlalaw.com/2023/08/03/changes-to-florida-law-regarding-support-for-adult-children/)
 
- **Enforcement and Collection**: 
  - The clerk of court must now credit a depository payment account for collections received by another state while enforcing a Florida child support order.[](https://www.flsenate.gov/Committees/billsummaries/2023/html/3012)
  - Florida has strict enforcement measures for non-payment of child support, including potential wage garnishment, license suspension, and incarceration.[](https://floridachildsupportcalculator.us/child-support-laws-in-florida/)
 
 
EFFECTIVE JULY 2023-NO ALIMONY WILL BE AWARDED IN MARRIAGES OF LESS THAN 3 YEARS.
 
 
 

Other Factors in Divorce-Jointly owned businesses and Military Service

Some spouses may own businesses together.  This situation presents many challenges.  It is important to choose an attorney who is willing to address this complicated issue.  Other spouses may be in the military.  Military divorces present complications because the Courts must follow Florida law and must also know and follow the requirements of Federal or military law.  The military will often provide personnel to assist and guide through some of the issues related to divorce, however, the military lawyers do not represent military personnel in Circuit Court. 

 
Splitting Retirement and Pensions can be an emotional undertaking. Fortunately, the Federal law dictates when a former spouse is entitled to a military retirement or pension. The former spouse may be entitled to Military Pension/Retirement depending on when and how long they have been married to the military. For a division of retired pay as property award to be
enforceable by direct payments, the former spouse must have been
married to the member for a period of 10 years or more, during which the member
performed at least 10 years of service creditable towards retirement eligibility. This time
requirement does not apply to the court's authority to divide military retirement pay but
only to the ability of the former spouse to get direct payments from DFAS.
 
Per 10 U.S. Code Section 1408(a)(4), a state divorce court is authorized to divide a member's disposable retired pay, which is the total pay (aka "gross pay"), minus:
  • Amounts owed to the government for previous overpayments -(this is not common),
  • Forfeitures adjudged by a court-martial (this is not common),
  • Pay waived to receive VA disability (common), and
  • SBP premiums for the benefit of the former spouse seeking a share of the retirement (common).

Contact our office to handle your military divorce.