Divorce Representation in Florida
At Matthews & Matthews L.L.P. we can handle any type of divorce, from the simplest filing of an uncontested divorce to a contested divorce involving intricate asset division and adversarial litigation. We work with clients throughout Northwest Florida to determine the value of their assets, the extent of their liabilities, as well as to assess the tax implications of divorce-related decisions.
Matthews & Matthews, LLP., Handles All Matters Related To, Or Arising From, Divorce, Including:
- Equitable distribution of property
- Child custody or parenting plans
- Child support
- Parental relocation
- Alimony
- Domestic violence
- Changing visitation, custody and support orders
- Contempt and enforcement of court orders
Equitable Distribution of Property
Equitable distribution in a Florida divorce means fair, not necessarily equal under Florida marital assets and liabilities law. Florida law 61.075 addresses the equitable distribution of marital assets and liabilities. A family law attorney best accomplishes the distribution of assets.
The court’s goal is to distribute such assets and liabilities so that equity is done between the parties. The court must begin with the presumption that the distribution must be equal unless there are factors that justify an unequal distribution of assets and debts. The court considers these factors when determining how to distribute marital assets and liabilities.
Florida is an equitable distribution state, which means each spouse receives a fair portion of marital property based on its total value. To understand this further, it is important to learn what is considered marital property, figure out the property’s equity, and be aware of dissipation issues, including:
⦁ Business interests
⦁ Retirement funds
⦁ Real estate
⦁ Investments
Factors That Contribute to Equitable Distribution in Florida
- Each spouse’s contribution to the marriage
- Care and education of your children
- Contribution to the other’s education or career
- Education and career of each spouse
- Assets kept free from other’s interference
- Maintaining family home for minor children
- Intentional destruction or waste of marital assets
Definition of Marital Property
Marital property consists of assets and liabilities acquired during the marriage by either spouse. The increase or decrease in value of separate nonmarital assets is marital money or a marital liability. The increase or decrease in value of assets acquired during the marriage is also marital money or liability acquired during the marriage.
Items considered marital property are:
- Increased value of assets
- Gifts from one spouse to the other
- Real property
- Personal property that is titled under both spouses’ names
- Retirement accounts, pensions, etc.
- Liabilities (debt)
The law also considers the value of a spouse’s contribution to the other spouse’s success. For example, if a spouse supported the other spouse’s business through hosting business parties or taking care of the household to enable the spouse to focus on his or her business, then the growth of the business and subsequent increased value could be counted as marital property.
Child Custody or Parenting Plans
Determining who gets custody of your children can sometimes be a contentious struggle in a divorce. Custody disputes often get emotional when former couples try to maintain the lifestyle they enjoyed previously.
In Florida, courts rely on the Uniform Child Custody Jurisdiction and Enforcement Act to decide custody issues in the child’s best interest. These laws set national guidelines for determining both physical and legal custody.
Parents may either have shared or sole custody of their children. Florida courts strongly prefer shared custody arrangements formed as part of a time-sharing agreement. Still, they will award one parent sole custody when circumstances indicate what would be in the child’s best interest.
Parents can make their own arrangements regarding parental responsibilities, known as parenting plans. These plans include sharing schedules when each child will reside with either parent, including agreements regarding weekends, holidays, and school vacations. Parenting plans also establish who has the primary decision-making power. Once parenting plans are established, they are submitted to the family court for approval, determining its adequacy in addressing a child’s best interest for physical and legal custody.
Determining What is in the Child’s Best Interest
Sometimes parents disagree on parenting plans, especially when it comes to custody arrangements. In these cases, the court must decide whether shared or sole custody is appropriate. The court makes these determinations based on the best interests of the children and related factors, including:
- How long the children have lived in a stable environment
- Each parent’s financial wellbeing
- Each parent’s physical and mental health
- The child’s relationship with their community
- Cultural, religious, and educational considerations
- Evidence of child abuse as well as parental drug and/or alcohol problems
- If either parent has been convicted of a crime, especially domestic violence or a violent crime
If a child can, the court will also consider his or her preference and wishes to make its custody determination. Custody cases are often complicated, and if parents are unable to agree on their own, a court’s involvement can be a lengthy process. If you cannot come to an agreement with your former partner, it’s important to consult an attorney who can help you figure out what’s best for your children.
Child Support
Florida laws regarding child support are clear; if there are children in a divorce, there is child support. Usually, whichever parent has primary custody of the child is the one who will be the recipient of child support. Like most states, Florida requires judges to make child support determinations based on a set of guidelines. Generally, the guidelines require analysis of:
- The income of each parent (income from all sources, not just from working)
- The type of child custody and visitation arrangement/the number of overnights spent with each parent
- The number of children
- The child’s health care costs and costs of daycare
Although the guidelines are relatively straightforward, disputes are common. The amount of child support that the parent will need to pay is determined by considering various factors, including:
- How much yearly income each parent makes
- Any special needs the child has
- How many children the parents have
- Other considerations, such as daycare costs, medical insurance expenses, etc.
While many people believe child support payments must be paid directly to cover the child’s living expenses, child support payments are meant to function more as a general reimbursement for the cost of living.
If significant changes in your living situation occur, you may be able to seek a modification of the child support order. Possible reasons to modify a child support order include:
- Changes in time-sharing
- The recipient parent remarried
- A substantial decrease or increase in either parent’s income
Parental Relocation
Child custody and support matters are seldom easy and can be complicated further if a custodial parent wants to make a long-distance move.
In these situations, a relocating parent either needs the non-relocating parent’s consent or court order. In Florida, parental relocation is addressed in Florida Statutes Section 61.13001. According to the statute, the need for consent depends upon both the distance and duration of the relocation:
- A parent who has custody and plans to move less than 50 miles away for any period of time does not need consent from the other parent
- A parent who has custody and plans to move more than 50 miles away for a period of more than 60 days must obtain the consent of the other parent
If consent is needed, there are several ways a parent or non-parent can show consent to relocation by the other spouse:
- By a court order allowing relocation based on the lack of timely response of the non-relocating parent or others who have received notice of the Petition and have the right to access the child
- By written agreement (signed by both parents as well as any other individuals who have the right to access the child) filed and ratified by the court
- By court order granted after an evidentiary hearing
Obviously, relocations are much easier to get approved when both parents agree to the terms of the move. When the noncustodial parent consents, the process is much more efficient. The agreement needs to document transportation arrangements, establish visitation rights, and be in writing. Once both parties agree to the relocation plan, it needs to be approved by a Florida court. However, if the parties cannot agree, the custodial parent must file a petition for relocation with the court. A detailed petition needs to outline the:
- Address of the intended new residence
- Planned date of the move
- Reasons for relocating
If an agreement between the custodial parent and noncustodial parent still cannot be reached, the court schedules a hearing to consider the circumstances and facts of the parent-child relationship and how feasible it would be to maintain the relationship. If the judge determines that the relocation is in the child’s best interest, they will create a new parenting plan taking the new, long-distance between the parties into consideration. Usually, this consists of increased communication between the non-relocating parent and the child, travel considerations, and modifying the timesharing schedule.
Alimony
Alimony is awarded temporarily or permanently at the judge’s discretion to help maintain the least educated or lower-income spouse’s socioeconomic status.
Types Of Alimony
There are five different types of alimony in Florida that consider the marriage duration and the other statutory factors listed herein. The types of alimony in Florida are as follows:
Temporary alimony is designed to provide for a spouse who is not self-supporting during the period between filing for dissolution and the final divorce decree. This type of alimony ends upon the finalization of the divorce.
Bridge-the-gap alimony: Bridge-the-gap alimony is short-term alimony that helps a spouse transition from marriage to single life. To get a bridge-the-gap alimony award, a spouse must show a legitimate, identifiable short-term need, such as needing money while waiting for a house to sell or applying for jobs. This type of alimony may last for up to two years. It cannot be modified but does terminate upon either spouse’s death or the remarriage of the spouse receiving alimony.
Rehabilitative alimony: Rehabilitative alimony is designed to assist a spouse until they can become self-supporting. It may be awarded if one spouse needs education, vocational training, or work experience. Often, rehabilitative alimony is awarded when one spouse has sacrificed education or a career to raise children. This type of alimony requires a specific and detailed plan. The spouse must also provide information regarding the time and money needed to complete the plan.
Rehabilitative alimony may be modified if:
- The spouse does not comply with the rehabilitative plan
- There is a substantial change in circumstances
- The rehabilitative plan is completed
Durational alimony: The purpose of durational alimony is to support a spouse for a set time after the divorce. It may be awarded in a short- or moderate-term marriage or a marriage of long duration if there is no need for permanent alimony. The length of the alimony may not exceed the duration of the marriage.
The amount of durational alimony may be modified by showing a substantial change in circumstances, but the length may be modified only in exceptional circumstances. Durational alimony terminates upon the death of either spouse or remarriage of the spouse receiving alimony.
Permanent alimony: Permanent alimony allows a spouse to maintain a standard of living established during the marriage if the spouse lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. It is awarded in long- or moderate-term marriages. The court must consider statutory factors, including the standard of living during the marriage, the marriage duration, and each spouse’s earning capacity. If exceptional circumstances are shown, permanent alimony may be awarded in a short-term marriage, as long as the court finds no other type of alimony.
The amount or duration of permanent alimony may be modified if there is a substantial change in circumstances or if the payee spouse enters a supportive relationship.
Alimony Factors Considered in Florida
Alimony in Florida can currently be granted to either party regardless of gender. If the court finds that either party is in actual need of alimony or any maintenance, the court will review the following elements to determine how much, how long, and in what form alimony will take:
- How long the couple has been married
- The age, physical and emotional health of each party
- The current contribution to the marriage, the family, children, and all marital assets and liabilities possessed by the couple
- The educational level or vocational sk
- The standard of living while the marriage was taking place
ills of each party - The financial earnings, potential earnings, and employment opportunities of each party
- If any additional factors would need to be evaluated in the name of fairness, equity, and justice
The court can order a partial distribution of assets before the dissolution of your marriage upon a sworn motion by one of the parties. An interim order can reduce conflicts and provide much-needed funds to the lower-income spouse. An interim order can benefit a custodial parent. Interim orders are only entered upon good cause. The court includes the accounting of the interim distribution into the final decree. The final order reduces the prejudice and inequity against the non-filing spouse and may award attorney’s fees to either or both spouses.
Domestic Violence
Domestic violence is a serious problem with dangers that cannot be overstated. Unfortunately, it is all too common and present in many divorce and paternity actions. Florida law allows a domestic partner or spouse to file for a protection order called an injunction if they have either been victims of domestic violence or have a reasonable fear that they are in immediate danger of becoming a victim of domestic violence.
The Process To Obtaining An Injunction
First, a petition for an injunction is filed, and a judge reviews the document to determine whether to issue a temporary injunction, pending a full evidentiary hearing. The judge only considers what is alleged in the actual petition and nothing else. For the initial review’s purpose, the judge must also assume that the information contained within the injunction is true.
If the judge issues a temporary injunction, a final injunction hearing will be scheduled within 15 days of the issued temporary injunction. At this final hearing, each party can present any witnesses, photographs, or other evidence to support or defend against the claims.
If the judge issues a final judgment for a permanent injunction, it will remain in effect until it is modified or dissolved by the court.
The injunction may be indefinite or expire on a date certain, or could be extended beyond their expiration date, provided a request is made before the expiration date.
Injunctions issued in Florida are enforceable nationwide. Similarly, a qualifying final order of protection against domestic violence issued by a court of another state is fully enforced by Florida courts and law enforcement as if it were issued in Florida.
Divorce Is a Marathon, Not a Sprint
“Dissolution of marriage” is a complex legal process and it can’t happen overnight. Unless the two parties can achieve an amicable Marriage Settlement Agreement, it often takes anywhere from six months to a year to reach a final divorce settlement. In general, the more anger and conflict between the parties, the longer and more expensive the divorce will be. One thing that Attorney Stewart recommends is discussing a possible settlement agreement with your spouse to save both time and money. If possible, we are happy to provide the legal services for a settlement agreement that may utilize various tools of alternative dispute resolution.
Personal, Attentive and Compassionate Service
Our goal is to provide our clients with the best service possible as they go through this difficult life transition. Part of that means fighting aggressively to protect their interests and achieve a favorable settlement. Part of it means being there to listen when they need emotional support and answering questions promptly so they don’t have to live with uncertainty for long. And the last consists of knowing not to create conflict where it should not exist.
Schedule Your Family Law Consultation
Turn to Destin Law for family law advising now, and avoid misunderstandings and further dispute later on. Contact us today.
