Frequently Asked Questions About Divorce

In a Florida divorce, what happens to my children?

When parents in Florida get a divorce, one of the biggest concerns is what will happen to their children. How will they continue to see both parents? How will decisions be made about their education and medical care? These are all critical questions that need to be addressed in a divorce. One way to do this is through a parenting plan. A parenting plan is a document that outlines how the child will be raised after the divorce. It can cover issues like where the child will live, how much time they will spend with each parent, and how major decisions will be made. Parenting plans can be very detailed, or they can be more general. The important thing is that they provide clarity and certainty for both parents and children during an emotional time. For example, if you are going through a divorce in Florida, take the time to sit down with your ex-spouse and create a parenting plan that works for your family. It will make a huge difference for everyone involved.

How is child support determined in a divorce in Florida?

In divorce cases involving children, the court will order one or both parents to pay child support. The amount of child support is determined by Florida Statutes Section 61.30 and considers the number of children, the income of both parents, the amount of time each parent spends with the child, and other factors. The starting point for child support in Florida is a schedule that lists the primary support obligation for different income levels. The income level is based on each parent’s gross income, including all income forms such as salaries, wages, tips, commissions, bonuses, self-employment income, interest, dividends, and rent. Once the basic support obligation is determined, other factors such as daycare costs and health insurance premiums can be added to arrive at the final child support amount.

In some cases, the court may also order one parent to pay a portion of the other parent’s attorney’s fees. For example, suppose you are going through a divorce in Florida and have questions about child support. In that case, you should speak to an experienced family law attorney who can provide guidance and represent your interests in court.

What is equitable distribution in a Florida divorce?

In a Florida divorce, equitable distribution is the division of the parties’ assets and liabilities. This means that the court will divide the assets and liabilities fairly and equitably, taking into account the factors outlined in Florida Statutes section 61.075. The court will consider the following factors:

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

(b) The economic circumstances of the parties.

(c) The duration of the marriage.

(d) Any interruption of personal careers or educational opportunities of either party.

(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.

(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

(j) Any other factors necessary to do equity and justice between the parties.

What is considered marital property in a Florida divorce?

In Florida, marital property is defined as “all real or personal property acquired by either spouse during the marriage and before the execution of a separation agreement or the filing of a petition for dissolution of marriage.” Marital Assets can include assets, such as a house, bank accounts or retirement accounts. Importantly, this definition applies even if the property is only in one spouse’s name. For example, if a couple buys a house during their marriage, and the house is only in the husband’s name, the home may still be considered marital property and may be subject to division in a divorce, equitable distribution. Similarly, if one spouse incurs debt during the marriage, such as credit card debt or a student loan, that debt may also considered marital property. Florida law provides that all marital property must be divided fairly between divorcing spouses, although what constitutes a “fair” is not always mathematically equal distribution and can be subject to claims for unequal distribution. However, courts will generally consider factors such as each spouse’s income and earning potential, custody arrangements for any minor children, and each spouse’s contribution to acquiring the marital property. If you are going through a divorce in Florida, it is crucial to work with an experienced attorney who can help ensure that your rights are protected.

According to Florida divorce law, what are nonmarital assets?

When a couple divorces, one of the first questions is what will happen to their property. Who will get the house? Who will get the car? In many states, marital property is divided equally between the spouses, but in Florida, the law takes a different approach. Instead of dividing all property evenly, Florida recognizes two types of property: marital and nonmarital. Marital property includes anything acquired during the marriage, regardless of who owns it. Nonmarital property, on the other hand, includes anything owned by either spouse before the marriage or inherited during the marriage. So, if you own a house you purchased before marriage, it would be considered nonmarital property.

Similarly, if you inherit a car from your grandparents during your marriage, that car would also be considered nonmarital property. When a court divides property in a divorce, it will typically give each spouse any nonmarital property they own outright. As for marital property, the court will generally divide it equally between the spouses unless there is an excellent reason to do otherwise.

What function does a certified public accountant (CPA) / Forensic Accountant have in a divorce?

In a Florida divorce, each spouse must complete and file a financial affidavit. This document lists the assets and liabilities of both parties and their income and expenses. A certified public accountant (CPA) of forensic account can help to ensure that the financial affidavit is accurate and complete. They can also help to negotiate a fair property settlement agreement between the divorcing spouses. In addition, a CPA can assist with the distribution of retirement assets, such as 401(k)s and pensions. They can also help to establish alimony and child support payments. As a result, a CPA can play an essential role in ensuring that a Florida divorce is completed fairly and efficiently.