DISSOLUTION OF MARRIAGE (DIVORCE)

A brief overview:

 

WHAT IS A DISSOLUTION OF MARRIAGE, AND

WHAT ARE THE REQUIREMENTS?

In Florida, when you want to end your marriage, it is called a “dissolution of marriage.” You or your spouse must have lived in the State of Florida for a minimum of six (6) months prior to filing for a dissolution of marriage, and you must have proof of your continued residency, generally proven at Final Hearing by letting the Judge see your Florida Drivers License. Florida does not require that any “fault” be found in filing for divorce, only that you testify at the time of the Final Hearing that your marriage is irretrievably broken, or broken beyond repair.

 

DO I NEED AN ATTORNEY TO GET A DIVORCE OR

CAN I DO IT ON MY OWN?

Every Dissolution of Marriage is unique. Depending on the issues in dispute, some dissolutions of marriage are more complex than others. That is why it is preferable to be represented by an Attorney. Only attorneys can provide legal advice and representation based upon your particular situation.

 

However, there are methods in place throughout the State of Florida which provide direction for individuals who must work their own way through the system. The Supreme Court of Florida has approved documents which can be used by pro se litigants (people who represent themselves) which are available at the following internet site:       www.flcourts.org 

 

Just below the “General Public” tab, you will see the words “Self Help Centers,” which will direct you to the self help programs available in each county. These centers will often offer assistance in the completion of the required documents. Also, just below the “General Public” tab, you will see “Family Law Forms,” which is where you can access  the self-help forms needed to file and follow through with a Dissolution of Marriage with or without children.

 

In Broward County, Family Court Services is located in the Broward County Courthouse. They sell self help packets for family law matters, and may be able to assist with completion. Family Court Services is located in Room 248 of the Broward County Courthouse, 201 S.E. 6^th Street in Fort Lauderdale. You can call for information: 954-831-7693. Some family law documents can even be completed on line through the Clerk’s site at www.browardclerk.org by going to  “Self Service Forms.”

 

WHERE CAN I GET AN ATTORNEY?

A good place to get legal help is to go to an Attorney with whom you have previously worked. Even if he cannot help you, he may be able to refer you to someone with whom he is familiar in the community who can assist you.

 

The Bar Association in your county likely has a “Lawyer’s Referral Service.” They may even have a “Low Cost Panel,” which provides representation at a lower hourly rate if your income is limited. The Florida Bar’s Statewide Lawyer Referral Service can also help you find an attorney by contacting them at 1-800-342-8011. The Family Law Section of the Florida Bar has family law lawyers listed at www.familylawfla.org

 

The Broward County Bar Association offers both a Lawyer’s Referral Service, and a Low Cost Panel of Attorneys available for those who meet low income guidelines. Call the Broward Bar at 954-764-5111.

 

Your local Legal Aid office may be able to assist you with your dissolution of marriage. Find them listed in your phone book. In Broward County, Coast to Coast Legal Aid Service is located at 491 N. State Road 7 in Plantation, and handles a variety of family law matters. Contact them at 954-358-5644.

 

In Broward County, Legal Aid Service of Broward County, Inc. is also located

at 491 N. State Road 7, and has a Children’s Advocacy Program which handles a wide variety of children’s issues including educational legal rights, children’s advocacy and a kinship program. They can be contacted at 954-765-8950.

 

 

WHAT ARE SOME OF THE ISSUES THAT MAY COME UP IN MY DISSOLUTION OF MARRIAGE?

 

a. SHARED PARENTAL RESPONSIBILITY, PARENTING PLANS and CHILD SUPPORT:

The law in the State of Florida is called “Shared Parental Responsibility,” which means that the minor child has frequent and continuing contact with both parents, and both parents continue to share the rights, responsibilities and joys of child-rearing. In unusual circumstances, if the Court finds that shared parenting would be detrimental to the child, it can order “Sole Parental Responsibility.” 

The Court requires that a “parenting plan” be established which sets forth the relationship between the parties relating to the decisions which must be made regarding the child, and contains a time sharing schedule for the parents and child. The time sharing schedule specifies the time, including overnights and holidays, that a child will spend with each parent.

 

Florida law prohibits one parent from relocating from Florida with the children without the permission of the other parent or a court order.

 

Florida Statutory Guidelines take into consideration both parties’ incomes in ordering the payment of child support . The statute states that the court may require either or both parents to pay child support to the other parent based upon the child support guidelines.

 

Completion of a four hour Parenting Court is required by both parties in all divorces involving children.

 

b. ALIMONY:

The Court can award a variety of types of alimony including temporary alimony, rehabilitative alimony, bridge-the-gap alimony, permanent alimony through periodic payments or a lump sum payment. The Court looks at many factors in determining whether or not alimony is warranted in a particular case, including, but not limited to: the need of one spouse and the other spouse’s ability to pay, the length of the marriage, and the standard of living established during the marriage.

 

c. DIVISION OF PROPERTY AND ASSETS:

The law in the State of Florida is “Equitable Distribution.” The Court will divide all assets and debts acquired during the marriage. The basic premise of equitable distribution is that the distribution is equal, however, there are many factors which the Court examines in making a final determination, and the Court can make an unequal distribution depending on specific factors.

 

WHAT IF MY SPOUSE AND I AGREE ON

HOW TO RESOLVE ALL THE ISSUES?

a. The State of Florida has a “Simplified Dissolution of Marriage” available for parties who both want a divorce, have no children, have divided all of their assets and debts, and both agree to go to the Clerk of the Court for the filing and to the Judge for the Final Hearing together.  

 

b. One party can file for a “Dissolution of Marriage”, and the parties can enter into a written settlement, which is signed by both parties and presented to the Court to be ratified at the time of the Final Hearing. Three form Settlement Agreements are available on the Supreme Court site should the parties choose to work out an agreement between themselves. That site is:  www.flcourts.org  Go to the “General Public” tab, and “Family Law Forms.” Scroll down to the Agreements.

 

c. The parties may choose to go to Mediation prior to hiring attorneys and attempt to settle the issues with the assistance of a third party. The parties may instead choose to hire their own attorneys to be sure that they have protected their respective interests. With their respective attorneys assisting, the parties may be able to settle all issues between themselves, or they may still enlist the assistance of a mediator to resolve the issues.

 

WHAT IF MY SPOUSE AND I CANNOT AGREE

ON A FINAL RESOLUTION?

Mediation is Court Ordered prior to scheduling a Final Hearing. However, if you have made a good faith effort to settle at Mediation, and cannot, your case will go to the Judge for a Final Hearing. Depending on how busy your Judge is, it can take weeks or months to get to a Final Hearing.

 

HOW SHOULD I PREPARE FOR THE FINAL HEARING?

If you are represented, you should rely on your Attorney for the best information on how you can assist him in preparing for the Final Hearing. If you are pro se, the Judge will advise you in advance how much time has been set aside for the presentation of your case. Remember that you are only entitled to one-half of the time allotted for your hearing - your spouse is entitled to the other half.

 

Focus on the issues which are most important to you. Be organized and succinct in your presentation. If you need exhibits or witnesses to support your position, bring them with you. Do not bring children with you to Court unless the Judge has directed you to do so.

 

 

 

 

 

 

 

 

 

 

The information contained in this overview is designed to be informational only,  should not be considered legal advice, nor should it be relied upon in making a legal decision.