Premarital and post-marital agreements
Florida law generally allows enforcement of premarital (prenuptial) and post-marital agreements. There are certain provisions, however, that Florida law does not allow judges to enforce, even if agreed-to by the parties. Careful drafting and execution of these agreements helps ensure their enforceability.Click here for the Florida statutes regarding pre-marital agreements.
Despite multiple recent attempts to simplify it, alimony in Florida is complicated. Alimony can be permanent, durational, bridge-the-gap, rehabilitative, or lump-sum. The amount and duration of alimony is based on a need and ability-to-pay standard. Click here for the Florida statutes regarding alimony.
Under Florida law, neither parent has any more right to time with their children than the other. If parents cannot agree on timesharing (formally called custody), a judge will evaluate 20 factors before entering a parenting plan for the parents. Click here for the Florida statutes regarding parenting plans and timesharing, including the 20 factors.
In Florida, both parents are responsible for supporting their children. Florida law provides a mathematical formula for calculating child support based generally on the parents’ income and the timesharing (custody) arrangement. Only in unusual circumstances may the court may award a different amount than determined by the guidelines. Click here for the Florida statutes regarding calculating child support.
Dissolution of Marriage / Divorce
Dissolution of Marriage (also known as divorce) is the legal process by which a court dissolves a marriage, divides the assets and liabilities, awards support such as alimony and/or child support, and determines a parenting plan (custody).
If one party to a court order refuses to abide by it, the other party can ask the court to enforce its order. The court’s enforcement options depend on several factors, but usually include contempt proceedings and, in extreme cases, jail time. Click here for some of the Florida statutes regarding enforcement.
Mediation is a negotiation process facilitated by a neutral third-party known as a mediator. The mediator does not represent either party. Mediation has such a high success rate that it is required before a case can be brought to. Click here for the Florida statutes regarding mediation.
In Florida, an unmarried father has no legal rights to his child until he takes action in court to assert his rights. A paternity action is the legal process by which a court determines the legal father, orders one of the parents to pay child support, and sets a parenting plan (custody). Click here for some of the Florida statutes regarding paternity.
As part of a dissolution of marriage, the court will divide the parties’ assets and liabilities. Except in unusual circumstances, each spouse is entitled to one-half of all assets and is responsible for one-half of all liabilities. This is true regardless of how the assets and liabilities are titled. Click here for the Florida statutes regarding property distribution.
Once a divorce or paternity case is filed and served, neither parent may move more than 50 miles without agreement of the other party or permission from the court. There are 11 factors a court must evaluate before deciding a request to relocate. Click here for the Florida statues regarding relocation.