Child Custody Issues When Getting A Florida Divorce
Among the major issues to be resolved when getting a Florida divorce are those related to children. Florida courts are specially sensitive about the effect divorce proceedings may have on the children during a divorce case.
When the parents involved in the divorce proceedings cannot agree on child custody issues, the court has the right to determine custody, even if the child is not present in the court’s jurisdiction. This is to safeguard the interests of a child who has been spirited away to remove it from the jurisdiction of the court.
In a Florida divorce case, the court uses the Uniform Child Custody Jurisdiction and Enforcement Act to decide on all matters that have to do with custody of a minor.
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Regular Dissolution Of Marriage Laws Governing Divorce In Florida
There are two methods of securing a divorce in the state of Florida. The faster, less expensive way is called a Simplified Dissolution of Marriage. To avail of this type, however, a divorcing couple must meet certain specific requirements, which is not always possible. In this case, the other method called the Regular Dissolution of Marriage is the only other option.
When going through a Regular Dissolution of Marriage, the first step is to file a petition for a dissolution of marriage with the circuit court. Either spouse may file the petition which must state that the marriage is irretrievably broken and that the person wants a dissolution of the marriage. Once the petition has been filed, the other spouse is given 20 days to file an answer. The answer should address the issues raised in the petition and bring up any other matters before the court’s attention.
Simplified Dissolution of Marriage Laws Governing Divorce In Florida
Divorce in Florida is officially known as a “Dissolution of Marriage”. In Florida as in some other states of the USA, fault has been eliminated as a ground for divorce. All that is necessary is to show that the marriage is “irretrievably broken”. The petition for a dissolution of marriage may be filed by one spouse or the other. All that needs to be shown is that the couple are married, that one of them has lived in Florida at least 6 months before the filing of the petition and that the marriage is irretrievably broken. A rarely-used ground for a dissolution of marriage under laws governing divorce in Florida is when one of the spouses has been adjudged by the court to be incompetent for a minimum of 3 years before the petition is filed.
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The Florida Divorce Laws Governing Divorce In Florida
The relevant divorce laws that apply when trying to get a divorce in Florida are relatively simple and straightforward, Florida being a no-fault state in the matter of securing a divorce. They are listed here to serve as a guide for couples
contemplating getting a divorce in Florida:
- Residency requirements: One or the other of the divorcing spouses must have lived in Florida at least 6 months before the petition for dissolution of marriage is filed. The petition must be filed with the circuit court of the county in which one or both of the divorcing spouses lives.
