July 27, 2023
Dealing with legal issues within a family can be a particularly stressful experience as it involves navigating sensitive personal dynamics. Family law in Florida encompasses a vast array of legal matters that affect relationships between family members. Whether you’re facing a divorce, settling child custody disputes, determining alimony, or addressing other concerns related to family law, having a comprehensive understanding of Florida family law is essential to make informed decisions in these situations.
That’s where our top Jacksonville attorneys at Dorsey Law Jax come in. Our professional and compassionate approach ensures that we provide the needed guidance on crucial matters in family law, helping you and your family navigate through challenging times.
In this comprehensive guide, we’ll discuss some of the most common areas of Florida family law, and provide insightful and expert advice from our top Jacksonville attorneys at Dorsey Law Jax.
1. Navigating Divorce in Florida
Divorce, or the dissolution of marriage, is among the most frequently encountered family law issues. Florida is a no-fault divorce state, which means either spouse can file for divorce without showing that the other spouse is responsible for the marriage breakdown. Two primary types of divorces — contested and uncontested — can be pursued in Florida, and understanding the differences between them is essential.
A. Contested vs. Uncontested Divorce
In a contested divorce, the spouses cannot agree on one or more terms of the divorce settlement, such as asset and property division, child custody, or alimony. These cases can become adversarial and may require litigation in a court of law. Conversely, an uncontested divorce occurs when both spouses agree on all terms of the divorce settlement. Uncontested divorces are typically quicker and less expensive than contested divorces.
B. Asset and Property Division
Under Florida law, marital assets and property are distributed equitably rather than on a strict 50-50 basis. Factors such as each spouse’s earning capacity, contributions to the marriage, and the length of the marriage will be considered when dividing assets and property.
2. Child Custody and Child Support
Child custody and support arrangements ensure that both parents continue to play essential roles in their child’s life following a divorce, and that financial needs are met. In Florida, child custody is referred to as “time-sharing” and “parental responsibility.”
A. Time-Sharing and Parental Responsibility
Time-sharing refers to how much time each parent spends with the child, while parental responsibility pertains to the decision-making authority parents have over their child’s upbringing.
Courts weigh many factors when determining time-sharing and parental responsibility, including each parent’s ability to provide a stable environment, their willingness to cooperate with one another, and the child’s preference, depending on their age and maturity.
B. Child Support Determinations
In Florida, child support is calculated using a statutory formula that factors in both parents’ incomes, the percentage of time-sharing allocated to each parent, and the expenses associated with raising the child. Courts may vary from the formula in certain circumstances, such as if a child has special needs that require additional financial support.
3. Alimony Payments
Alimony, or spousal support, involves one spouse providing financial assistance to the other following a divorce. Alimony can be temporary or permanent, and its duration and amount are determined based on factors like the length of the marriage, the financial resources of each spouse, and the marital standard of living.
A. Types of Alimony in Florida
Florida recognizes several types of alimony, including:
- Bridge-the-gap: Short-term financial support to help one spouse transition from married to single life. Duration cannot exceed two years.
- Rehabilitative: Assists one spouse in acquiring the necessary education, training, or work experience to become self-supporting.
- Durational: Financial support provided for a set period, typically not exceeding the length of the marriage.
- Permanent: Ongoing financial support intended to maintain the recipient spouse’s standard of living established during the marriage.
4. Domestic Violence and Legal Protection
Domestic violence is a pervasive and serious problem that can have significant impacts on family law matters. Florida law offers protection for victims through injunctions or restraining orders in addition to strict criminal punishment for perpetrators.
A. Impact on Child Custody
In cases where domestic violence is present, the courts prioritize the safety and best interests of the child when determining time-sharing and parental responsibility. A judge may deny or limit time-sharing for a parent found guilty of domestic violence or impose supervised visitation.
B. Restraining Orders
Victims of domestic violence can obtain an injunction, or restraining order, to protect themselves from their abuser. Injunctions may direct the abuser to have no contact with the victim, vacate a shared residence, or surrender firearms.
Solve Florida Family Law Issues with Dorsey Law
Family law issues such as divorce, child custody, alimony, and domestic violence protection can be complex and emotionally charged. Consequently, having a comprehensive understanding of Florida family law is vital to making informed decisions and navigating these challenges effectively.
At Dorsey Law JAX, our top Jacksonville family law attorneys are committed to providing expert advice and compassionate representation throughout your family law journey. Reach out to us today to learn how we can support you and your family — because everyone deserves the best legal representation, especially when it matters most.
