This article answers some common questions about divorce in Florida. For all of our articles on Florida divorce, including custody, property division, child support, and more, see our Florida Divorce and Family Law page.
Is there a presumption that the mother will be given primary residential custody?
No. By law, the court must give the father and the mother equal consideration if the court is going to designate a primary residential parent. Custody decisions must be based on who would be the better custodial parent given the family's situation, not on the gender of either parent. This is the law regardless of the age or sex of the child.
The court will consider many factors to determine custody arrangements. These include: which parent is likely to encourage affection and allow frequent contact between the child and the other parent; the existing emotional ties the child has with both parents; the length of time the child has lived in a stable environment and the desirability of changing that environment; the moral, mental and physical health of the parents; and the reasonable wishes of the child if the child is mature enough to make such a choice. These are only a few of several factors the court is allowed to consider; none of them are controlling and the court also can consider any other relevant facts.
Can custody arrangements be modified by the court if I can show that circumstances have changed?
In order to change custody, a parent must show that there has been a substantial change in the circumstances that existed at the time of the original custody determination and that the child will suffer a detriment if custody is not changed. The law discourages attempts to alter custodial arrangements once they are set by agreement or court order. The courts will not consider facts that existed prior to the original custody determination unless there was some concealment of those facts. Changes in custody are possible and should be considered when there has been a material change in circumstance and it clearly can be shown that the child's well being is, or will be, adversely affected. However, changes such as remarriage, changes in lifestyle, and loss of a job, standing alone, generally will not justify a change.
Will alimony always be awarded when a long-term marriage ends?
No. An award of alimony depends on many factors, including the age, earning ability, health, and education of the spouse seeking alimony; the other assets available to the spouses; the length of the marriage; the standard of living during the marriage; and the ability of the other spouse to pay. All of the factors and others are weighed by the court.
If the court decides to award alimony, the court has flexibility to award different types of alimony. (You can find more information about the types of alimony awarded in Florida in our article Understanding and Calculating Alimony in Florida.) Alimony might be awarded in a lump sum or in regular payments. Rehabilitative alimony also may be awarded in situations where the spouse seeking it can show that the marriage affected his or her ability to obtain the same type of employment they had before the marriage.
Can the parties make their own agreements for child custody, visitation, child support, property division, and other rights?
Yes. In fact, the courts strongly encourage parties to reach their own agreement on all of these matters (with the exception of child support). If the parties come up with their own agreement, the court will require them to demonstrate that they understand the agreement, that they have entered into their agreements after an appropriate exchange of information, and that they have entered the agreement voluntarily and without duress.
Child support is determined according to guidelines that are set by the Legislature. These guidelines require each parent to contribute a pre-determined amount to the support of their child. The court cannot deviate more than slightly from these guidelines unless the court makes findings that there is a good reason to do so.
Does each person have to pay his or her own attorney's fees in a family law or paternity proceeding?
The court can order one person to pay all or some of the other's attorney's fees. The decision will be based on the requesting person's need for assistance in paying fees and the ability of the other person to contribute toward the fees. The court also has the ability to award or adjust attorney's fees when it finds that one person has needlessly increased the cost of litigation by stalling, avoiding discovery, or making groundless claims. Generally, if both people have the same financial ability going into the proceeding, the court will not award attorney's fees.
If I owned property before the marriage, will I have to split or share that property with my spouse as part of a divorce?
Generally, assets - and debts - owned prior to the marriage and kept completely separate during the marriage belong to the person and not to the marriage. In other words, the spouse who brought them to the marriage gets to keep them after the marriage ends; they are not subject to division, like marital assets. However, if the title of property is put in both spouses' names, the property may become marital property. If martial assets or labor are used to increase the value of the property, the spouses may have to divide the increase in the value of the property during the marriage.
