The basic standard in all custody determinations is “what is in the best interests of the child.” It is a broad phrase that takes into account a number of factors the court will examine in ordering time-sharing and visitation rights. The term “custody” is out of favor with Florida legislators and courts, which prefer to use the phrase “time-sharing” or “parenting time”.   One of the factors in determining time-sharing is the preference of the child in spending the principal amount of time with one parent over the other. Florida is a state where the child’s preference is considered,...

A dissolution can mean a drastic change in the parties’ social situation and financial status. Family friends may take sides, and routines regarding vacations and holidays will change as will the time spent with children. If the household depended on two incomes, that can prompt the sale of the marital home in some cases and a move to a smaller home or rental unit. For a party who has fewer financial resources than the other spouse or who may not be working, the breakup can be frightening. To alleviate and remedy an unfair financial situation, alimony in a divorce case may be awarded. Many of...

Within many divorce proceedings involving minor children, the parents—and other parties entitled to parenting time (or visitation) with the children — will have agreed amongst themselves to a parenting plan as to which parent will have primary physical custody, and who will have visitation rights. With a routine firmly in place, the children typically acclimate to the arrangement as do the parents, and nonparents with access, who become accustomed to the regular time-sharing schedule, the holiday schedules and transportation issues. However, circumstances do arise when parents wish to relocate....

Every parent has an obligation to financially support their children. Short of your agreement to pay the amount determined by the Florida guidelines, a court may order one parent to make monthly payments to the other parent. Regarding alimony, or spousal support, one party who is the higher wage earner may, under certain circumstances, be ordered to make monthly payments to the other party following a separation, during a divorce or after divorce proceedings unless the parties can agree otherwise. The payments are to help the recipient party gain marketable skills or at least to maintain the...

A divorce can be complicated since it is not unlike a business dissolution. Assets need to be accounted for and valued, and classified as premarital or marital. Debts are assessed, and other matters must be addressed before property and funds are distributed. If child support or alimony is agreed upon or ordered, the amount needs to be established and for how long it is to be paid. You will need a great number of documents to show evidence of marital and non-marital assets along with you and your spouse’s income and net worth. If divorce is imminent or has been discussed, promptly begin accumulating...

Divorce in America has become more prevalent over the years. While most people assume the divorce rate is 50%, other observers put it closer to 40%, though most feel that the rate will increase to at least 50% in the near future. This is still below the overall leader, Sweden, where the rate is reported at an astounding 64%! The problem with placing a percentage on divorce rates is how it is determined. Some experts feel that the 40% rate is misleading since not all states report divorce statistics. Others use a refined approach, or the number of divorces per 1,000 married women. Using this...

Every parent has an obligation to support his or her children. When couples with children divorce or in situations where the parents are not married or living together, then the noncustodial parent can be ordered to pay child support shortly after a party files for divorce or legal separation. In most cases, however, there is no dispute over the obligation and the noncustodial parent is happy to provide the support for the child’s needs and will begin making payments directly to the custodial parent shortly after there is a separation. The theory behind child support is that the parent who has...

Divorces are generally not the most pleasant of experiences. Unless your marriage was short-lived, the spouse or partner with the most assets or who is more financially advantaged often stands to lose the most when it comes to distributing the assets.  In an equitable distribution state like Florida, the parties typically divide the marital assets and debts evenly. Marital vs. Nonmarital Property If you own a business or have business interests, it is important to classify those interests as either nonmarital or marital. Nonmarital property is typically that which was acquired before the...

Whenever a couple with young children is going through a divorce, their main consideration should be the health and happiness of their children and the possible psychological effect the separation is having on them. Although divorce is not uncommon with some observers commenting that this is the new normal, studies have shown that the children of divorced couples often have unstable relationships of their own later on in life. A less than amicable divorce with frequent outbursts, accusations of misconduct and even of child abuse can have severe repercussions for the children on their behavior,...

Although the issues of property division and spousal maintenance in a divorce proceeding can cause heated arguments between couples, issues concerning child custody are typically paramount. Florida law favors shared parental responsibility and having the children remain in contact with both parents, though one parent will maintain the primary residence. A court can, though, remove a child from the physical custody of a parent and order supervised visitation if there is evidence of neglect, sexual abuse or domestic violence. Determining Primary Custody In any dispute, the parties are encouraged...