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Divorce Guide |
Florida Divorce CustodyAny citizen of Florida, if wants divorce from his/her spouse has to be a resident of the state for a continuous period of six months before filing the petition for the dissolution of the marriage. The petition could be filed the circuit court of the state where either of the parties is residing. In Florida, as per the divorce laws a couple has to wait for at least 20 days after filing the case. Before this period, the court can not pass the final judgment. However in exceptional cases, the court may pass the final judgment at an earlier date also. As per the divorce laws of Florida, the grounds which are considered legal in order to approach the court so as to file a case for the dissolution of the marriage are the mental illness of either of the spouses for a period of three years and the circumstances are such that the marriage is irretrievably broken down. Florida divorce laws do not address the issue of legal separation. The mediation and the counseling program in Florida is given due recognition by the Supreme Court and this is one of the important right in the list of Florida divorce rights. If the court considers it important that the mediation program is necessary to organize, the court may ask the partners to undergo a mediation in which they would settle the contested issues. When these contested issues are settled, they are informed to the court and the court approves the agreements reached by both the parties. Florida follows the principle of the equitable distribution of the property. This is again an important right, one of the many Florida divorce rights. The principle of equitable distribution of resources means that the property acquired by the couple during the marriage or the debt incurred on the spouses would be distributed equitably between the spouses. The court may, however, decide to distribute the property unequally but the justifications for it have to be concrete. Some of the factors which may influence the court in favor of unequal distribution of resources are: the contribution made by each spouse in the property of the family, services of either of the spouses during the marriage, the duration of the marriage, personal career and other educational opportunity of the spouse, the desire of any of the spouses to retain the marital home or business or any other factor considered important by the court. The court at its discretion may also grant alimony to either of the parties involved in the case. Citizens may seek advice on alimony from alimony support groups in Florida who volunteer to give information regarding this issue. In determining the periodic payments or the settlement payment, the court may consider the economic and the living standards of the spouses during the marriage, duration of the marriage, the age of the child, child custody, the physical and the mental health of the parties involved, financial resources of each party and the contribution made by each party during the marriage.
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