divorce laws florida

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The most distinct difference between separation and divorce is that a divorce legally and permanently terminates the marriage. Once the divorce is final (and subject to any waiting periods establish by the laws of your state), both parties are free to remarry someone else without any repercussions.

A separation, on the other hand, does not terminate the marriage and does not give the parties the right to remarry without first getting a divorce.

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Divorce cases generate many questions about alimony. Today we talk about the types of alimony available in Florida. Alimony is based primarily on the need of the receiving spouse and the ability of the other spouse to pay.

Temporary Alimony is payable while the divorce case pending. This type of alimony cannot be waived, even in a prenuptial agreement because it is based on the legal duty to support your spouse. It ends at final judgment.

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If you are a parent about to get a divorce, Florida’s Child Support Guidelines take the mystery out of “how” child support is calculated. What follows is a simplified explanation meant as an overview and not an exhaustive treatment on calculating child support; it may provide you a starting point in becoming informed about the issue.

Child support in Florida is established in Section 61.30, of the Florida Statutes. The Statute provides a framework, or Guidelines, to determine the financial obligation each parent has to their child or children. First, it provides a formula for arriving at your gross income by providing a list of what income will be taken into account. It also provides a list of acceptable deductions from that income. The result is your net income for purposes of child support. The calculation is performed on both parents’ income.

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Parties wishing to resolve their divorce without family litigation can take advantage of family mediation. Divorce mediation can take place before you file in family court or after you’ve done so in a case where the parties will be representing themselves.

Mediation is less formal than a court proceeding. The process itself is meant to give you control of the outcome. This means that a mediator, regardless of his or her professional background (lawyer, retired judge, etc) cannot make decisions for you nor can they give you legal advice on any issue.

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The Florida legislature recently enacted laws that abolished the concept of “primary” and “secondary” child custody as well as “visitation.” The court system was overwhelmed with parents who were fighting not only about at whose home the minor would spend most of his time, but also over who should have the title of primary custodian. Many believed that, if they were deemed the “secondary” custodian, then they were also a second-class parent. Further, many parties resented that they had to “visit” the child rather than live with or spend time with their kin. In an effort to help parents avoid fighting over semantics, the Florida legislature adopted the concept of “time-sharing” to replace the old regime of awarding custody to one parent or the other.

The Florida Legislature also modified and expanded the factors that courts must consider when making a determination on the issue of time-sharing. The overriding concern remains the best interests of the child. There are now twenty factors for consideration, some of which are highlighted below:

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Divorce rate has come down in the US as a whole in recent years but of late Florida has the highest rate among all the states. There are approximately 10 marriages and 5 divorces per 1000 residents in Florida. As a populous state of almost 20-million strong, these records build up quickly and there’s every chance that your next eligible acquaintance comes with a divorce history. But no sweat, it’s easy to check Florida Divorce Records.

The Florida Department of Health in Jacksonville, Florida maintains more than 20 million vital records comprising Divorce, Marriage, Death and Birth Records in its Vital Statistics Unit. The divorce (Dissolution of Marriage) records date from June 6 1927 to the present. Fee for a report is $5 and $4 for each subsequent certification of the same report. They are indexed under the husband’s name only and if there are multiple divorces by the individual, they will all show up as long as they occurred within Florida.

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Divorce proceedings are often long drawn out and expensive. To reduce costs, it is beneficial for couples seeking a divorce to know about firms and organizations that offer legal aid for free. People who are not financially sound also look for free legal aid. There are various non-profit organizations in the US that provide free legal advice. They have experienced lawyers and attorneys on their panel who take care of such legal cases for free. Apart from these, some reputed legal firms and attorneys also do some pro bono work as a social service. They take a few legal cases every year without charging the clients anything.

There are plenty of chat shows and live shows on television and radio that focus on legal issues and legal advice. Writing into these with specific problems and queries is a perfect way of obtaining sound and free legal advice. The legal experts called as guests on such shows provide advice and information and help answer the questions posed.

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I am a in the military. My current residency is Louisiana. I would like to change my residency to Florida. What are the requirements to make this change? Also, I will be going to a 3 month school in Florida in conjunction with PCS orders to Puerto Rico. Would this help me?

Answer: to acquire a domicile of choice in a new place two things must happen:

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Divorce Laws in Florida

There are three general steps to every Florida divorce. The first is to file a petition with the circuit court. The second is to notify the spouse of the filing followed by attending a Florida divorce hearing. While these steps happen in any divorce, the process is rarely simple. The law is clear on certain areas in regards to time, residency requirements, and residency.

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