Family Law Firm in Wellington

Florida is a no-fault state. Parties can file for divorce in Florida when the marriage is irretrievably broken, or one of the parties is mentally incapacitated.

Alimony in Florida is based upon the recipient’s need and the payor’s ability to pay. To determine the appropriate type and amount of alimony, Florida courts look at a number of factors, including: (i) the parties’ standard of living; (ii) the length of their marriage; (iii) the age, physical and emotional condition of the parties; (iv) the amount of income that is available to each of the parties; (v) the parties’ marital and nonmarital assets; (vi) their earning capacities; (vii) each of the parties’ contribution to the marriage; (viii) their responsibilities for childcare after the divorce is granted; and (ix) any other factor that is necessary to issue a fair and just award of alimony.

In distributing marital assets and liabilities in a Florida divorce, courts begin with the premise that marital assets and liabilities should be distributed equally, unless there is a justification for an unequal distribution based upon a number of statutory factors. Each party is entitled to retain the nonmarital assets that they brought into the marriage, and is responsible for the payment of their nonmarital debts.

Marital assets and liabilities include: (i) assets and liabilities that are acquired by the parties during the course of their marriage; (ii) the enhancement in value of nonmarital assets as a result of the efforts of either of the parties during the course of the marriage or from the expenditure of marital funds; (iii) gifts from one spouse to the other during the course of the marriage; (iv) deferred compensation, pension, retirement, profit-sharing, and insurance plans acquired during the marriage; and (v) property that is held as tenants by the entireties is presumed to be a marital asset.

Nonmarital assets and liabilities include: (i) assets acquired and liabilities incurred prior to the date of the marriage; (ii) assets acquired by gift from someone other than the present spouse; (iii) income derived from nonmarital assets, unless the income is used as a marital asset; (iv) assets and liabilities excluded by prenuptial or postnuptial agreement; and (v) liabilities incurred by forgery or the unauthorized signature of a spouse who signs the name of the other spouse.

To arrange for an initial consultation with an experienced divorce lawyer in Wellington, Florida who can assist you, call our office at (561) 363-3400.

In Florida, child custody is determined by looking at the best interests of the child. Some of the factors that courts consider in creating a time-sharing schedule are: (i) each parent’s willingness to foster a close relationship between the child and the other parent; (ii) whether one parent has kept the other parent informed about the child’s issues and activities; (iii) whether parental responsibilities will be delegated to third persons; (iv) if a parent has a history of putting the needs of the child before their own needs; (v) whether a parent is directly involved in the child’s life; (vi) the length of time that the child has lived in a stable, suitable environment; (vii) the mental, physical and moral fitness of the parents; (viii) the child’s school and extracurricular record; (ix) whether a parent provides a consistent routine for the child; (x) if there has been domestic violence or drug abuse; (xi) whether a parent refrains from speaking to the child about the parties’ divorce; (xii) if a parent disparages the other parent to the child; (xiii) which parent is best able to meet the child’s developmental needs; and (xiv) any other factor that the court deems to be relevant.

There are three prerequisites to obtaining a modification of alimony: First, there must be a substantial change in the financial circumstances of one of the parties. Second, the change in the party’s financial circumstances must not have been contemplated at the time of the entry of the final judgment of dissolution. Third, the change in the party’s financial circumstances must be material, sufficient, involuntary, and permanent. Additionally, under certain circumstances, alimony may be modified upon retirement in Florida.

In Florida child relocation is defined as a change in the residence of a parent from his or her principal place of residence after a time-sharing order is entered or an action to establish or modify time-sharing is filed. The change of location must be at least fifty (50) miles and it must last for at least sixty (60) consecutive days, excluding temporary absences for vacations, educational opportunities and health care services.

Some of the factors that Florida courts will consider in deciding whether to allow a parent to relocate out-of-state with a child include: (i) the nature of the relationship between each of the parents and the child; (ii) the nature of the relationship between the child’s relatives and the child; (iii) whether the relocation will positively affect the child, including his or her educational, physical and emotional development; (iv) if the relationship between the child and the nonrelocating parent will be preserved if the request for relocation is granted; (v) whether the relocation positively affects the quality of life for the child and the relocating parent; (vi) the necessity of granting the relocation in order to improve the economic circumstances of the relocating parent; (vii) if the nonrelocating parent fulfilled his or her financial obligations to the child; (viii) whether there is a history of substance abuse or domestic violence; and (ix) courts will consider all of the relevant factors described in the response to question number 5 in determining whether to grant a request for permission to relocation.