Florida Divorce Information
and FAQ
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.61.021 Dissolution of marriage - Grounds
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.
Based on the evidence at the hearing, the court shall dispose of
the petition for dissolution of marriage when the petition is based
on the allegation that the marriage is irretrievably broken as
follows:
(a) If there is no minor child of the marriage and if the
responding party does not deny 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 irretrievably
broken.
(b) When there is a minor child of the marriage, or when the
responding party denies that the marriage is irretrievably broken,
the court may:
1. Order either or both parties to consult with a marriage
counselor, psychologist, psychiatrist, minister, priest, rabbi, or
any other person deemed qualified by the court and acceptable to the
party or parties; or
2. Continue the proceedings for a reasonable length of time not
to exceed 3 months, to enable the parties themselves to effect a
reconciliation; or
3. Take such other action as may be in the best interest of the
parties and the minor child of the marriage.
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. 61.052
Waiting Period No final judgment of dissolution of marriage may
be entered until at least 20 days have elapsed from the date of
filing the original petition for dissolution of marriage; but the
court, on a showing that injustice would result from this delay, may
enter a final judgment of dissolution of marriage at an earlier
date. 61.19 Dissolution Questionaire Upon filing for dissolution of
marriage, the petitioner must complete and file with the clerk of
the circuit court an unsigned anonymous informational questionnaire.
For purposes of anonymity, completed questionnaires must be kept in
a separate file for later distribution by the clerk to researchers
from the Florida State University Center for Marriage and Family.
The actual questionnaire shall be formulated by researchers from
Florida State University who shall distribute them to the clerk of
the circuit court in each county. 61.043
Alimony pendente lite; suit money In every proceeding for
dissolution of the marriage, a party may claim alimony and suit
money in the petition or by motion, and if the petition is well
founded, the court shall allow a reasonable sum therefor. 61.071
Equitable distribution of marital assets and liabilities In a
proceeding for dissolution of marriage, the court shall set apart to
each spouse that spouse's nonmarital assets and liabilities, and in
distributing the marital assets and liabilities between the parties,
the court must begin with the premise that the distribution should
be equal, unless there is a justification for an unequal
distribution. 61.075 Alimony In a proceeding for dissolution of
marriage, the court may grant alimony to either party, which alimony
may be rehabilitative or permanent in nature. In any award of
alimony, the court may order periodic payments or payments in lump
sum or both. The court may consider the adultery of either spouse
and the circumstances thereof in determining the amount of alimony,
if any, to be awarded.
In determining a proper award of alimony or maintenance, the
court shall consider all relevant factors necessary to do equity and
justice between the parties.
Rotating custody The court may order rotating custody if the
court finds that rotating custody will be in the best interest of
the child. 61.121 Custody and support of children; visitation rights
In a proceeding for dissolution of marriage, the court may at any
time order either or both parents who owe a duty of support to a
child to pay support in accordance with the guidelines in s. 61.30.
The court shall order that the parental responsibility for a
minor child be shared by both parents unless the court finds that
shared parental responsibility would be detrimental to the child.
The court shall order "sole parental responsibility, with or
without visitation rights, to the other parent when it is in the
best interests of" the minor child. 61.13
Enforcement and modification of support, maintenance, or alimony
agreements or orders When the parties enter into an agreement, or
when a party is required by court order to make any payments for, or
instead of, support, maintenance, or alimony, and the circumstances
or the financial ability of either party changes or the child who is
a beneficiary of an agreement or court order reaches majority after
the execution of the agreement or the rendition of the order, either
party may apply for an order decreasing or increasing the amount of
support, maintenance, or alimony. When a court enters an order for
the payment of alimony or child support or both, the court shall
make a finding of the obligor's imputed or actual present ability to
comply with the order. If the obligor subsequently fails to pay
alimony or support and a contempt hearing is held, the original
order of the court creates a presumption that the obligor has the
present ability to pay the alimony or support. At the contempt
hearing, the obligor shall have the burden of proof to show that he
or she lacks the ability to purge himself or herself from the
contempt.
Mediation of certain contested issues In any proceeding in which
the issues of parental responsibility, primary residence,
visitation, or support of a child are contested, the court may refer
the parties to mediation. If an agreement is reached by the parties
on the contested issues, a consent order incorporating the agreement
shall be prepared by the mediator and submitted to the parties and
their attorneys for review. Upon approval by the parties, the
consent order shall be reviewed by the court and, if approved,
entered. Thereafter, the consent order may be enforced in the same
manner as any other court order. 61.183
Entry of judgment of dissolution of marriage, delay period No
final judgment of dissolution of marriage may be entered until at
least 20 days have elapsed from the date of filing the original
petition for dissolution of marriage; but the court, on a showing
that injustice would result from this delay, may enter a final
judgment of dissolution of marriage at an earlier date. 61.19
Parenting course authorized; fees; required attendance; contempt
All parties to a dissolution of marriage proceeding with minor
children or a paternity action which involves issues of parental
responsibility shall be required to complete the Parent Education
and Family Stabilization Course prior to the entry by the court of a
final judgment. The court may excuse a party from attending the
parenting course for good cause. All parties required to complete a
parenting course under this section shall begin the course as
expeditiously as possible after filing for dissolution of marriage
and shall file proof of compliance with the court prior to the entry
of the final judgment.
All parties to a modification of a final judgment involving
shared parental responsibilities, custody, or visitation may be
required to complete a court-approved parenting course prior to the
entry of an order modifying the final judgment. 61.21
Child support guidelines; retroactive child support The child
support guideline amount presumptively establishes the amount the
trier of fact shall order as child support in an initial proceeding
for such support or in a proceeding for modification of an existing
order for such support. Each parent's percentage share of the child
support need shall be determined by dividing each parent's net
income by the combined net income. Each parent's actual dollar share
of the child support need shall be determined by multiplying the
minimum child support need by each parent's percentage share.
The court may adjust the minimum child support award, or either
or both parents' share of the minimum child support award, based
upon any consideration in order to achieve an equitable result.
Every petition for child support or for modification of child
support shall be accompanied by an affidavit which shows the party's
income, allowable deductions, and net income computed in accordance
with this section. The affidavit shall be served at the same time
that the petition is served.
In an initial determination of child support, whether in a
paternity action, dissolution of marriage action, or petition for
support during the marriage, the court has discretion to award child
support retroactive to the date when the parents did not reside
together in the same household with the child, not to exceed a
period of 24 months preceding the filing of the petition. 61.30
Appointment of guardian ad litem In an action for dissolution of
marriage, modification, parental responsibility, custody, or
visitation, if the court finds it is in the best interest of the
child, the court may appoint a guardian ad litem to act as next
friend of the child, investigator or evaluator, not as attorney or
advocate. 61.401 A guardian ad litem shall have the powers,
privileges, and responsibilities to the extent necessary to advance
the best interest of the child, including, but not limited to,
investigating the allegations of the pleadings affecting the child,
and, after proper notice to interested parties to the litigation and
subject to conditions set by the court, may interview the child.
61.403
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