Understanding Divorce Law in Leon County
Our Leon County family court attorneys can help you understand everything you need to know about divorce law before you get started. They can also provide divorce paperwork help in Tallahassee. However, it can be beneficial to understand the basics before you start working with a Tallahassee family law specialist.
Filing Requirements
Before filing for divorce in Leon County, you or your spouse must have lived in Florida for at least six months. If you meet this basic residency requirement, you may only file a Petition for Dissolution of Marriage with the court in your county of residence.
You are not required to have lived in Leon County for six months. As long as you or your spouse has been a Florida resident for six months or more and one of you currently resides in Leon County, you may file for divorce in the county.
Florida is a no-fault divorce state. To file for divorce, one spouse must only state that the marriage is “irretrievably broken,” meaning there’s no chance a couple will reconcile. The spouse seeking divorce does not need to prove fault or wrongdoing by the other spouse.
Property Division
Florida takes an equitable distribution approach to property division in divorce cases. This means the circuit court will divide the spouses’ marital assets and liabilities—those acquired during the marriage—fairly and equitably.
Equitable distribution does not always mean a 50/50 split. The court will consider various factors when determining what type of split would be equitable, including each spouse’s contributions to the marriage, any interruptions of educational or career opportunities of either spouse, each spouse’s economic circumstances, and the duration of the marriage.
In some cases, it may be possible to avoid court intervention in the property division process with the help of a property division attorney in Tallahassee. If you and your spouse are willing to negotiate the terms of your property division in good faith, you may be able to come up with a solution that works better for you both and avoid having a judge make those decisions for you.
Child Custody
Divorce often involves determining how divorcing parents will divvy up parental rights and the responsibilities for minor children. Child custody decisions are based on the best interests of the child. Florida courts consider various factors, including the child’s age, their relationship with each parent, each parent’s ability to provide a stable and loving environment, any history of abuse or neglect, and the child’s preferences if they are old enough to express them.
Your Tallahassee child custody agreement will likely involve a parenting plan. This comprehensive document provides a clear framework for parenting responsibilities. Our Tallahassee child custody lawyers can help you seek a parenting plan that works for you and your children’s needs and preferences.
Child Support
Parents have a legal duty to provide for their children financially whether or not they live with them. Thus, child support is a major part of the Florida divorce process. Child support in Florida is governed by state laws and guidelines prioritizing the child’s best interests.
When determining a fair child support arrangement, the circuit court will consider factors such as each parent’s income, the number of children, each child’s special financial needs, and the parenting plan’s details. If your divorce involves minor children, our child support lawyers in Tallahassee can help you advocate for a child support arrangement that prioritizes the children’s best interests.
Alimony
Alimony, also referred to as spousal support or maintenance, is a legal obligation in which one spouse provides financial support to the other spouse during or after a divorce. Florida has four different types of alimony: temporary, bridge-the-gap, rehabilitative, and durational. Traditionally, permanent alimony was available. However, a recent law has eliminated it.
No matter which side of the alimony situation you’re on, our alimony lawyers in Tallahassee can help you understand these options and pursue a beneficial arrangement.
As with property division, the court approaches alimony by focusing on what’s equitable. The court will consider the financial need of the spouse seeking alimony and the ability of the other spouse to pay. It will also consider the duration of the marriage, the standard of living established during the marriage, the earning capacity of each spouse, and the contribution of each spouse to the marriage. Additional factors like adultery by either spouse may also influence the amount of alimony awarded.
