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Her divorce petition should allege that the two of them are not compatible, and she will be entitled to a divorce. In general, Florida courts will divide marital property between the divorcing spouses in a fair and equitable manner. This usually results in both spouses being awarded property that, in sum, is generally of a similar value.
The court has a great deal of discretion in making this division, so long as the parties are treated in an equitable manner. In most cases, the wrongdoing of one party during the course of the marriage does not impact how the court chooses to divide the marital property. For instance, the fact that the husband was lazy during the marriage or the wife withheld herself sexually from the husband will not likely impact the manner in which the court decides to split the marital property. Adultery, however, can have an impact on the division of the marital estate depending on the nature of the adulterous relationship.
In some adulterous relationships, for instance, the adulterous spouse spends large amounts of money buying his or her paramour extravagant gifts. Or the adulterous spouse may financially support his or her paramour to the detriment of his or her spouse and family. Where the adulterous relationship has caused some sort of injury or harm to the non-adulterous spouse, a court can take this into consideration and award the injured party a greater share of the marital property.
For example, suppose that during the course of the marriage and without the knowledge of Janelle , Russell sold several antiques and expensive jewelry that Russell and Janelle acquired during the marriage in order to pay the bills and expenses of Kami.
When a couple divorces and the couple has children, the court must make decisions concerning parenting time, visitation schedules, and who will be the primary residential parent. For instance, a parent who is an alcoholic can threaten the physical safety and well-being of a child; a parent who constantly yells at his or her child or belittles the child may pose a mental hazard to the child.
In either event, the court can take these facts into consideration when ordering a parenting time schedule. A parent may find that his or her parenting time is reduced — or, in some extreme cases, eliminated entirely — if the parent presents a threat to the best interests of the child. This, in turn, can result in the court awarding less parenting time to the adulterous spouse.
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Alimony or spousal support can be awarded by the court to one party where there is both a need for spousal support by the receiving party as well as the ability to pay by the payor spouse. This, of course, requires the court to examine the financial situations and circumstances of the parties. Where one party has caused financial harm to the other party because of an adulterous relationship — typically through spending marital assets to support the adulterous relationship or providing gifts to the paramour at the expense of the spouse — the court can take this into consideration along with other statutory factors.
For instance, suppose again that Russell and Janelle are married and Russell is involved in an adulterous relationship with Kami. During the course of the marriage, Janelle saved a substantial portion of her income in a joint savings account. Both Janelle and Russell had access to the savings account, even though Janelle was the only one who contributed to the account.
Divorce Laws in Florida
Suppose that, after meeting Kami and beginning an adulterous relationship, Russell was smitten with her and wanted to provide lavish gifts for Kami to show his affection. Russell eventually files for divorce from Janelle. In evaluating the facts of this particular scenario, the court is likely to find that Janelle has a need for spousal support even though she at one time had a substantial amount of income in savings.
Although it is true that Florida is a no-fault divorce state, this only means that either party in a marriage can file for a divorce and obtain a divorce regardless of what amount of fault or wrongdoing that led to the termination of the marriage for which that party was responsible. Even an unfaithful party or a party with vices such as gambling or addictions can file for an obtain a divorce in Florida, so long as a judge finds that the two parties are incompatible.
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This does not mean that behavior during the marriage or immediately after a party files for divorce is irrelevant. Get to know us: Jason Ponder, Esq. While I was living out of state, I was extremely fortunate to have Attorney Iken in my corner during my recent divorce. My first two lawyers were somewhat intimidated by the opposing lawyer and consequently my case suffered because of it.
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Attorney Iken proved to be a very competent, compassionate and consistent defender of my best interests. He was a good listener who offered accurate and comforting advice. He was accessible and replied to my many question and concerns. He was always professional, protective, polite and honest. Iken is extremely wise and very strong — a rare combination indeed. I would highly recommend Mr. If this is the case, the spouses will also submit a written agreement to the court. If the spouses agree on all terms of the divorce, the divorce may be final in only a few weeks.
- Find out how marital property (and debt) is divided in an Florida divorce case..
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If the spouses do not agree on issues, the divorce may end in a trial. Some Floridians may end their marriage in a simplified procedure, called a simplified dissolution of marriage. It is available for spouses if:. Florida is an " equitable distribution " state, which means that courts will divide property in a way it believes to be fair, which is not necessarily an equal split. Some of the factors a court will consider are:.
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Depending on the spouses' separate incomes, one spouse may owe the other spousal support, also known as alimony. When deciding to award alimony, and how much, a court will consider a number of factors, including:. Child custody and child support are common issues for parents facing divorce. Given the complexity of those issues, we have articles written specifically for Florida parents.
Generally speaking, child custody is granted based on what is in the best interest of the child. Child support is calculated based on the income of both parents. If you would like to know more about your rights in a divorce, and want to ensure that your rights are protected throughout the divorce process, there are many divorce attorneys throughout Florida who may be able to help. Find your Lawyer Explore Resources For Learn About the Law.