The divorce process starts when one of the spouses files their marriage dissolution papers in one of the Florida circuit courts. The divorce petition is supposed to be filed with the family division. It is the responsibility of the court to serve the other party to the divorce with the divorce petition and allow them time to respond. Where the spouses have reached some understanding of the manner in which property, debt, child custody etc. will be shared, and then the divorce process will be finalized without having to go to trial. If there is no understanding on the contentious issues then a trial hearing will be scheduled since the divorce will be considered as contested.
Outstanding issues may also relate to health insurance, timesharing, child support etc. Timesharing relates to considering the children’s best interests. For the sake of following through a divorce situation, it is fundamental for the divorcing couples to understand the laws pertaining to health insurance, child support and other such like issues. The laws on child support in Florida are used to determine the formula used in determining the issue relating to the children. The divorcing couples are not allowed to put a figure on the child support unless such a figure is greater than the amount prescribed in the child support statute. There are issues that govern the amount to be paid and the party to make the payment in relation to child support. The issues include; the overnight stays the parent will enjoy with children and the level of income enjoyed by each of the parties.
The court could be compelled to deviate from the formula prescribed in the statutory law regarding child support. Property division is another statute that governs divorce in Florida. The law requires an equal sharing on assets acquired during the period of the marriage. The general intention is that the name under which the assets are in does not matter provided the assets were acquired during the marriage. Off course, there are some unique situations where this law is not applicable. Equal asset sharing may also be prescribed where property acquired prior to the marriage is under the names of both spouses. Inheritance and gifts received by one of the spouses from third parties are not included in the equal sharing. Debts will be shared equally. There are many details in the statute that govern divorce in Florida. More information can be derived from www.floridadivorce.com/florida-divorce-laws.
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