How Florida Family Law Handles Divorce, Custody, and Financial Support Arrangements

Florida's approach to family law matters has evolved significantly over the years, creating a framework that attempts to balance fairness, children's best interests, and financial stability during and after the dissolution of a marriage.

Whether you're considering divorce, navigating child custody issues, or dealing with support arrangements, understanding Florida's specific legal landscape can help you prepare for what lies ahead.

Florida's Approach to Divorce

No-Fault Divorce System

Florida operates under a "no-fault" divorce system, meaning neither spouse needs to prove wrongdoing to end the marriage. The state recognizes only two grounds for divorce:

Irretrievable breakdown of the marriage - The most commonly cited reason, simply stating that the marriage cannot be saved
Mental incapacity of one party - Rarely used, requiring a spouse to have been mentally incapacitated for at least three years

This no-fault approach simplifies the legal process and often reduces conflict compared to states requiring proof of adultery, abandonment, or other traditional fault grounds.

Residency Requirements and Filing Process

To file for divorce in Florida:

At least one spouse must have been a Florida resident for six months before filing
The petition must be filed in the county where either spouse resides
Financial affidavits must be exchanged, providing full financial disclosure

Types of Divorce Proceedings

Florida recognizes several divorce pathways:

Simplified Dissolution of Marriage - For couples with no children, no contested issues, and who agree to forgo alimony
Uncontested Divorce - For couples who agree on all issues but don't qualify for simplified dissolution
Contested Divorce - When spouses cannot agree on one or more issues
Collaborative Divorce - A non-adversarial approach using specially trained attorneys and professionals
Mediated Divorce - Using a neutral third party to help resolve disagreements

The complexity, timeline, and cost increase substantially from simplified to contested divorces, with the average contested divorce in Florida taking 12 months or longer to complete.

Child Custody and Parenting Plans

Terminology Changes: From Custody to Time-sharing

Florida has eliminated traditional terms like "custody" and "visitation" from its statutes, replacing them with:

Parental Responsibility - Decision-making authority regarding children (shared or sole)
Time-sharing - The schedule determining when children spend time with each parent

This terminology shift reflects Florida's philosophy that children benefit from having both parents actively involved in their lives when possible.

Parenting Plans: The Foundation of Co-Parenting

Every case involving minor children requires a detailed parenting plan that addresses:

The time-sharing schedule (regular, holiday, summer, etc.)
Transportation and exchange details
Healthcare responsibilities
School and education decisions
Communication methods between parents and with children
Methods for resolving future disputes

Best Interests of the Child Standard

Florida courts determine parenting arrangements based on the "best interests of the child" standard, considering factors such as:

Each parent's demonstrated capacity to facilitate a close relationship between the child and the other parent
The demonstrated capacity of each parent to meet the child's needs
The moral fitness of the parents
The home, school, and community record of the child
The reasonable preference of the child, if of sufficient age and understanding
Evidence of domestic violence or child abuse
The anticipated division of parental responsibilities

While Florida courts begin with the presumption that both parents should have frequent and continuing contact with their children, this presumption can be overcome by evidence that such an arrangement would be detrimental to the child.

Financial Support Arrangements

Equitable Distribution of Marital Assets

Florida follows "equitable distribution" principles for dividing marital property, meaning assets and debts acquired during the marriage are divided fairly (though not necessarily equally). Courts consider:

The contribution of each spouse to the marriage
The economic circumstances of each party
The duration of the marriage
Any interruption of careers or educational opportunities
The contribution of one spouse to the career or educational opportunities of the other

Importantly, Florida distinguishes between marital assets (acquired during the marriage) and non-marital assets (acquired before marriage or through inheritance or gift specifically to one spouse).

Alimony Considerations

Florida law recognizes several types of alimony:

Bridge-the-gap Alimony - Short-term support to assist with identifiable, legitimate short-term needs
Rehabilitative Alimony - Support while a former spouse develops skills or credentials for self-support
Durational Alimony - Support for a set period after marriages of short or moderate duration
Permanent Alimony - Long-term support following long-term marriages where one spouse cannot become self-supporting

When determining alimony, courts consider:

Standard of living established during the marriage
Duration of the marriage
Age and physical/emotional condition of each party
Financial resources and earning capacities
Contributions to the marriage (including homemaking and childcare)
Tax consequences of alimony awards

Recent legislative efforts have attempted to reform Florida's alimony laws, particularly regarding permanent alimony, though these remain contentious.

Child Support Guidelines

Florida uses the "Income Shares Model" for calculating child support, which:

Estimates the total amount parents would spend on children if still together
Divides this amount proportionally based on each parent's income
Adjusts based on the time-sharing arrangement

The guidelines take into account:

Net income of both parents
Childcare costs
Health insurance expenses
Medical expenses not covered by insurance
Educational expenses

Child support typically continues until the child turns 18 or graduates high school (up to age 19).

Special Considerations in Florida Family Law

High-Asset Divorces

Florida sees many complex, high-asset divorces that may involve:

Business valuations
Stock options and retirement accounts
Multiple real estate properties
International assets
Prenuptial and postnuptial agreements

These cases often require forensic accountants, business valuators, and specialized family law attorneys.

Military Divorces

With numerous military bases in Florida, military divorces present unique considerations:

Jurisdiction issues when one spouse is deployed
Division of military pensions under the Uniformed Services Former Spouses' Protection Act
Impact of service member's relocations on time-sharing arrangements
Special protections under the Service members Civil Relief Act

Relocation Cases

Florida has specific procedures when a parent wishes to relocate with a child more than 50 miles away:

Written notification must be provided to the other parent
The non-relocating parent has 20 days to object
If contested, the court evaluates the move based on the child's best interests
The relocating parent bears the burden of proving the move is in the child's best interest

Recent Trends and Developments

Virtual Court Proceedings

Accelerated by the COVID-19 pandemic, Florida family courts now routinely conduct hearings virtually, making the legal process more accessible for many families.

Parental Alienation Recognition

Florida courts increasingly recognize parental alienation (when one parent undermines the child's relationship with the other parent) as a serious issue that may warrant modification of parenting arrangements.

Emphasis on Co-Parenting Education

Many Florida counties now require divorcing parents to complete co-parenting courses designed to minimize conflict and encourage healthy communication for the benefit of children.

Navigating the Florida Family Law System

Self-Representation vs. Legal Representation

While Florida provides resources for self-represented litigants, including:

Family Law Self-Help Centers in most courthouses
Standardized forms approved by the Florida Supreme Court
Online resources through the Florida Courts website

The complexity of family law matters often makes professional legal guidance advisable, particularly when dealing with:

Substantial assets or debts
Children with special needs
Domestic violence issues
High-conflict relationships
Interstate or international components

Alternative Dispute Resolution

Florida strongly encourages—and in many cases requires—attempts at alternative dispute resolution before trial, including:

Mediation for most contested issues
Early neutral evaluation
Collaborative law processes
Parenting coordination for high-conflict cases involving children

These approaches typically reduce costs, expedite resolution, and give parties more control over outcomes than litigation.

Conclusion

Florida's family law system strives to promote fair outcomes while minimizing conflict during what is invariably a difficult life transition. By emphasizing shared parental responsibility, equitable financial arrangements, and alternative dispute resolution, the state's approach acknowledges both the emotional and practical aspects of family restructuring.

Understanding these frameworks can help families navigate divorce, custody, and support matters with greater confidence and less unnecessary strife, ultimately benefiting all family members—especially children—during and after the legal process.

Contact Clean Break Divorce today to learn how we can help you achieve a clean break, regardless of where you live in Florida. Our team is ready to guide you through the process with expertise and care.

Visit our website or call us at 813-626-2346 to schedule your consultation today. Let us show you how simple and straightforward the divorce process can be with the right support.