Statutory Reference to Florida Statutes Annotated:          

Divorce: §§ 61.021, 61.052

Alimony § 61.08

Property Distribution: §§ 61.075, 61.076

Custody: § 61.13

Visitation: § 61.13

Child Support: §§ 61.13, 61.30

 

Residence:

Either may must live in the state for six months prior to the commencement of the action.

 

Grounds:           

(1) Irretrievable breakdown

(2) Mental incapacity for three years.

If there are minor children, or if a claim of irretrievable breakdown is denied, the court may order counseling, continue the proceedings for three months, or take such other action as may be in the best interests of the parties and children of the marriage. 

 

Distribution of Property:

Equitable distribution, based on dual classification of property into separate and marital estates.  In distributing the marital estate, the court shall begin with the presumption that a 50/50 division is equitable.  The court may consider (1) the contribution to the marriage by each spouse, including homemaker services; (2) the economic circumstances of the parties; (3) the duration of the marriage, (4) any interruption in career or educational opportunities; (5) the desirability of a particular party retaining a particular asset; (6) the contribution of each spouse to the acquisition, enhancement, and production of income or marital assets; (7) the desirability of a party retaining the marital home; (8) dissipation, waste, depletion of marital assets; (9) any other factor to do equity.

 

Alimony/Spousal Support:

The court may grant alimony to either party, which may be permanent or rehabilitative in nature.  The court may order periodic payments or payments in lump sum, or both.  The court may consider the adultery of each spouse.  The court shall consider the standard of living established during the marriage, the duration of the marriage, the age and health of the parties, the financial resources of the parties, the time necessary to become fully employed, the contribution of the parties to the marriage, all sources of income available to each party.

 

Child Custody/Visitation:

The court shall order that parental responsibility for a minor child be shared by both parents, unless it is detrimental to the child.  The court may grant to one party the ultimate responsibility over specific aspects of the child's welfare.  The court shall order sole parental responsibility with or without visitation to the other parent when it is in the best interests of the child.  The court may order rotating custody.

 

Child Support:

Child Support Guidelines by statute.  The guidelines are the Income Shares Model of support, figured on net income.  Health insurance, child care, education expenses, are added to the basic award.  Support terminates at age 18, or 19 if the child will graduate from high school by that time.