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WHAT
ARE THE MAIN ISSUES ADDRESSED
IN A FLORIDA DIVORCE CASE?
by Iris M. Bass, Esq.
Florida is a "no fault" state,
but when a marriage ends, there are issues to be decided. They fall under
two main categories: Economic/Financial and Children's Issues.
The chart below is a basic overview
of divorce and is meant to give the reader a skeletal outline of those
issues. The answers to questions that are frequently asked about each of
these could fill a book (and there are many such books available).
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Economic
Issues:
1. Nonmarital
assets: What
assets and debts are not part of the marriage (i.e. things such as pre-marital
items)
2.
Marital Assets: What
assets and debts are marital. These must be identified, valued and divided.
This division is called "equitable distribution," but equitable
distribution does not mean "equal," it means "fair."
Each party must disclose financial information as part of this process.
3.
Support:
- Spousal
support, also called alimony (different types, including permanent, rehabilitative,
and bridge-the-gap).
- Child
support, which is based on specific state guidelines.
4.
Attorney's fees and costs: If
there is a big disparity in incomes of spouses, one spouse may be responsible
to pay the other spouse's attorney's fees and costs.
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Children's
Issues
1. Residence:
Where
the children will live, primary residency.
2.
Time Share: How
often each parent has the children with him or her, both during the school
year and on vacations and holidays.
3.
Child Support: Who
pays child support and how much. This depends on incomes of the parents
and how much time each parent spends with the child. There is a specific
formula to determine this, which also takes into consideration:
- Health
care insurance and/or costs.
- Child
care costs.
- Number
of children.
4.
Who makes decisions about the children:
In Florida, the default is joint custody, called "shared parental
responsibility" -- both parents have input into decisions affecting
children.
5.
Each parent is required to take a four-hour parenting seminar
to assist them in dealing with their children in positive ways during the
divorce period.
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One underlying question which is
often asked is, "How much does it cost to get divorced?"
The answer to that depends solely on the parties seeking the divorce. If
either party is determined to make an issue of each facet of divorce and
must have the Court (Judge) decide those issues, it will most likely cost
more in time, attorney's fees and anxiety/aggravation.
If the parties can cooperate and
agree by using an alternative dispute resolution mechanism such as negotiation,
mediation or collaborative lawyering, most likely it will cost less, take
less time, and they will have more control over the outcome. As a mediator
and collaborative lawyer, I strongly recommend these alternatives to litigation.
Iris
Bass is an attorney practicing in South Florida since 1984.
She is a certified family mediator, a collaborative attorney, and is
current President of the Collaborative
Family Lawyers of South Florida.
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