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Florida is a no-fault divorce state, meaning that you do not have to prove that the other person is at fault, only that the marriage is “irretrievably broken” and there is no chance of getting back together.
You must reside in Florida for at least six months prior to filing your petition and must file in the county where you currently live. You can prove residency with your Florida Driver’s license or an Affidavit of corroborating Witness.
For purposes of property division, you and your spouse can agree on the division of assets by signing a Marital Settlement Agreement or you can have the judge make the decision by equitable distribution. The court will consider a number of factors in making its decision such as contributions of each spouse to the home, duration of marriage, and economic circumstances of the parties. This is also true for determination of alimony.
For issues concerning the minor children, the courts will make determinations based on the best interest of the child. Child support is determined by the Child Support Guidelines Worksheet and is based on the net income of the parents, and other expenses like health insurance, child care and uninsured medical expenses.
For custody/visitation, Florida courts use a Parenting Plan to outline the time-sharing schedule that the parents will follow to share the minor child. The plan lays out the custody arrangement and specifically details holiday time-sharing, vacation guidelines, transportation, and communication rules that the parties are to abide by.