Florida Info

Florida Divorce Start Your Divorce Find Professionals Florida Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Florida Products Divorce by County

Florida Articles

Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Financial Planning Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

Florida Divorce Support Florida Divorce Online

Current Trends in Florida Family Law - Common Divorce Myths
I get to keep everything in my name- debts and assets.

Sometimes we hear “That credit card is in her name so she keeps that debt.” Or “the 401-k is my name, so he can’t get that, right?” While either outcome may occur, it may also not be the case. Florida law requires that both debts and assets be equitably distributed between both parties. With today’s economic circumstances, it is not unusual for the debts to outweigh the assets. At the end of the distribution the Court is generally aiming to evenly divide the net worth of the marital estate. So title of an asset does not control who that asset (or debt) is given to.

The child can decide who to live with and whether to visit (age 12 rule).

The statute provides that the Court may consider the “reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference” in making a time-sharing ruling. Therefore while the decision of a child is one of the listed factors in Chapter 61.13, it is one among many factors and not necessarily the deciding factor. Moreover there is no language in the statute that sets a “magic” age at which a child is deemed to be of sufficient intelligence. As we all know every child’s maturity and intellect is different and so that decision is made by the Court on a case by case basis.

Permanent Alimony is guaranteed.

Generally permanent periodic alimony is considered in long term marriages. To make such a determination the Court examines one party’s actual need and the other party’s ability to pay. In addition to permanent alimony there are other forms including temporary support (during pendency of the litigation), bridge-the-gap, rehabilitative, durational.

These myths continue to circulate so before relying on bad information, seek legal advice.


Was this helpful? Like our site & let us know.

Related Articles


Start Florida Divorce Start Your Florida Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Florida Divorce Find Florida Divorce Professionals in Your Area:
Join the Network
Florida Divorce Products, Services and Solutions Florida Divorce Products, Services and Solutions
Florida Divorce Resources to Help You Through the Process.
Online Parenting Class Florida Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Florida Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
When the Florida court decides on the issue of child custody and visitation, the gender of the parents is not considered. For example, a mother will not automatically receive custody of the children just because she is the mother. The judge must only consider what is in the best interests of the child. Florida divorce law requires Shared Parental Responsibility. This means that even though the child may live with one parent, the other parent has equal say in raising the child. Each party must be consulted on the education, health, religion, and discipline of the child. And, if the parties cannot agree on these important issues, the judge will make the decisions.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a Florida Divorce

 

Settle Your Divorce Negotiate Your Florida Divorce

 

Support Forum Florida Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - Divorce Financial Checklists (organize important data that you will be need for a successful divorce)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"