In Florida, two grounds for dissolution of marriage exist. The first ground is the mental weakness of one of the parties, whereby such an individual was declared mentally unfit for the prior three years. The second ground is when the marriage is broken permanently. The court may take specific actions to seek dissolution of marriage when it is permanently broken, and a minor child has been produced from the union, or the Respondent’s Answer is that the marriage is not broken. Some of the court’s actions include:
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In Florida, there is nowhere in the statutes where an annulment is defined. However, the basis of the annulment is on years of previous case law. If you want to obtain an annulment in Florida, you may allege some of the following grounds:
Regardless of the previous circumstances, the marriage is no longer avoidable and seen as ratification if the couple has consummated the marriage. The necessary annulment procedure is the same as divorce as an annulment is filed as a lawsuit.
As an equitable distribution state, Florida Statute requires the use of an equal and fair manner to distribute debts and marital assets. The court will consider alimony awards, time-sharing, and child support to determine what is appropriate for dividing the debts and property. When the court is determining property division, it will consider some of the following:
Insurance programs and plans, deferred compensation, annuity, profit-sharing, pension, retirement, and all non-vested and vested benefits, funds, and rights accrued during the marriage are all subject to distribution and are classified as marital property.
The use of the Income Share Model is considered to calculate child support obligation in Florida. The guidelines take into consideration both parties’ financial contributions and based on both parents’ combined income. There will be provision for health insurance for the minor child or children when health insurance is reasonable to accessibility and cost for the child or children, as contained in child support orders.
The court will define child custody based on the child’s best interest. The public policy encourages joys of childrearing and sharing of responsibilities and rights while it also entails continuing and frequent contact of minor children with both parents. Except the court finds that shared parental responsibility would be detrimental to the child or children, it gives preference to shared parental responsibility. This detrimental may be the event when a party has been convicted of a misdemeanor of the first degree or higher, which involves domestic violence. The court may prohibit such parents from shared parental responsibility, including decisions regarding the child or time-sharing with the child or children.
There are many steps involved in a divorce case, which may overwhelm you if you try to go about it alone. However, you need a certified divorce lawyer that understands divorce’s sensitive nature and helps you navigate the legal procedure with a high level of compassion and experience. Such a legal firm is attorney Tina L. Lewert.
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