Archive for May, 2009


Adultery

Adultery is probably the issue that causes emotions to rise more than any others in a divorce case. Because Florida is a no-fault state, the mere fact that a party has committed adultery is usually not a factor considered by the court. Although the alimony statute references that the court can consider a party’s adultery […]

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Grounds for Divorce

In past times, Florida law required that a party show some type of grounds for divorce, such as adultery or physical abuse. This led to some abuses of the system and required some parties to remain married even when they were unhappy. As a result, the law was changed. For many years now, Florida has […]

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Residency Requirements

Section 61.021 of the Florida Statutes sets forth as follows: “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.” Showing proof of residency is required prior to the court signing the Final Judgment of Dissolution. A valid driver’s […]

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Imputed Income – general information

In some divorce cases a party will voluntarily quit their job to avoid having to pay alimony and/or child support. Florida law recognizes a concept known as imputed income to deal with this situation. If the court finds that a party voluntarily quit their job, then the court can choose to base that party’s alimony […]

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Domestic Violence – general information

Although many divorce cases involve hurt feelings, the majority of cases do not involve actual domestic violence. In cases where there has been actual domestic violence (or a party believes they are in imminent danger of becoming a victim of domestic violence), the victimized party has the option of filing an Injunction for Protection against […]

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Parent Education – general information

Protecting the best interest of children is the court’s number one priority. The breakup of the family can have a tremendous impact on the parties and their children. Florida law requires that parties with children attend a parent education class to learn about the do’s and dont’s of how to interact with each other and […]

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Marriage Counseling – general information

Marriage counseling can sometimes save a marriage. There are a number of parties that attend counseling prior to the divorce case being filed. Usually once a divorce case has been filed it is too late to save the marriage, but it does happen. Florida law allows a party to request counseling after the divorce case […]

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Retirement Benefits – general information

The term retirement benefits includes, but is not limited to, 401K’s, 403B’s, IRA’s, Roth IRA’s, pensions and profit sharing plans. The division of retirement benefits is part of the equitable distribution of assets and liabilities. In most cases, the portion of the retirement benefits to be equitably distributed is the portion earned during the marriage, […]

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Marital Home – general information

In many divorce cases the parties own a marital home. Often times, the home represents the most substantial asset owned by the parties. If there are no minor children, then the court will likely order that the home be sold so that each party can receive their share of the equity in the home and […]

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Time-sharing – general information

Florida now uses the term time-sharing instead of custody and visitation to explain the time that each parent will have with their child(ren). Prior to this legislative change, the Florida Statutes used the term primary physical residence to describe the parent who had the children in their home the majority of time. Now that parent is classified […]

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