What is the Family Law Handbook?
The Florida Family Law Handbook serves as an invaluable resource for families who are navigating the complex landscape of family law matters in the state of Florida. Its primary purpose is to provide clear and comprehensive information on a wide range of legal issues, including divorce, child custody and support, adoption, and property distribution, among others.
By offering detailed explanations of relevant laws and procedures, the Florida Family Law Handbook enables readers to gain a better understanding of their rights and responsibilities under Florida family law. It empowers individuals to make informed decisions in matters that may have a lasting impact on their lives and the lives of their loved ones .
In addition to its role in guiding individuals through specific legal processes, the Florida Family Law Handbook is also a valuable tool for legal professionals, including attorneys, judges, and court staff. It is often used as a reference guide within the Florida court system and by legal practitioners, allowing for a consistent understanding and application of Florida family law.
The Florida Family Law Handbook is not a substitute for professional legal advice and representation. Individuals seeking to navigate complex family law matters are strongly advised to consult with an attorney who is knowledgeable in Florida family law. However, the Handbook can serve as a helpful starting point, ensuring that individuals have access to reliable and relevant information related to their family law concerns.
Requirements for Marriage in Florida
Our readers and followers know that the Florida Family Law Handbook is a treasure trove for all things Florida Family Law. However, did you know that there are several useful pointers in the handbook relating to the requirements for marriage in Florida? So, let’s get right to it. Per the Florida Family Law Handbook, the legal requirements for marriage are as follows: When a couple decides that they want to marry, they must apply for a marriage license from any County Court Clerk’s Office in Florida. The Marriage License Application must be completed in person by the couple and both parties need to show valid photo identification, such as a driver’s license or passport. After receiving the license, couple must wait three days before the ceremony can be performed. Once an application for a marriage license has been made, regardless of whether a marriage occurs, Clerk’s Office staff will add the name and address of a person who is unrelated to the applicant on the website of the Clerk of Court. The website will contain the name and address of the two applicants. It will also show the date of application, where they applied, their race, marital status, education level, birth date, country of birth, country of residence, occupation, cell phone number, and email address. You can request that your information not be posted on the net. To request non-disclosure of your information, you must show up in person with both spouses as a couple and provide a copy of your domestic violence injunction. Fictitious Name Registration fee: $50.00 A couple may need a fictitious name registration when applying for a marriage license. For example, you and your fiancée both have a last name of Smith and you would like to get married but don’t want your marriage license to read Mr. and Mrs. Smith, you could apply for fictitious names. For example, your fictitious name may be "Tony and Sally" or "Mom and Dad." After a marriage license application is received and accepted, the application is valid for a period of 60 days, during which time the couple must have a wedding ceremony and return the license to any County Clerk’s Office in Florida. If the license is not returned within 60 days, a new license must be purchased. What if one spouse is an out-of-state resident and intends on returning to their home state after the wedding? Well, per the Florida Family Law Handbook, there are several things that this couple needs to do before they leave Florida. Before the couple leaves Florida, the non-resident spouse must apply for a certified copy of their Florida marriage certificate. The couple then needs to submit the certificate with applicable fees to the out-of-state vital records office. Once a certified copy is received with the fee, the state will process the request and return the certified copy to the resident’s home address. Note that only one application is required for the couple.
Divorce Statutes and Processes
When faced with the prospect of divorce, navigating the legal system can be challenging. This is particularly true for individuals who may be unfamiliar with the intricate web of family law statutes and court procedures that define the divorce process in Florida. The Florida Family Law Handbook offers clear answers and guidance on how the State handles divorce and the options that are available to parties forced to navigate the marital dissolution process. The Florida divorce process begins with the filing of a Petition for Dissolution of Marriage. Under Florida law, a divorce can be granted on either one of two grounds: (1) the irretrievable breakdown of the marriage or (2) one spouse being adjudged mentally incompetent for three years previous to the filing of the divorce case. The first ground, no-fault divorce, does not require either spouse to prove wrongdoing by the other and is the most commonly used basis for dissolution of marriage in Florida. Nevertheless, even when a no-fault divorce is sought, spouses filing for divorce must disclose all assets owned and all income earned. This is required even though there are no allegations of marital misconduct that need to be proven in court. One of the most important tasks that must occur at the beginning of every divorce proceeding is determining when a couple’s marriage was broken and when each day of residency in Florida started. This is known as the "Date of Marriage Broken and Date of Residency Commenced." These dates are crucial in determining whether a couple’s property is subject to equitable distribution in Florida. As the Florida Family Law Handbook notes, equitable distribution is the process whereby marital assets are divided between parties to a divorce. When property is subject to equitable distribution, the court will typically take into consideration the duration of the marriage. In other words, property acquired before the couple’s "date of marriage broken" will be considered non-marital property. Non-marital property is not subject to equitable distribution, while marital property will be divided by the court in a manner that it finds to be fair and equitable to both parties. The terms of this distribution can be very complicated, and the parties may want to seek the services of a competent family law attorney to protect their interests. However, the Florida Family Law Handbook provides a general explanation of the factors that a court will consider and steps that individuals should take throughout the equitable distribution process. This invaluable book goes further and discusses when a settlement may be appropriate during the divorce process. Indeed, as the Handbook notes, divorcing parties are encouraged to settle their issues and reach an amicable resolution, as often as possible. Courts in Florida recognize that certain issues including child support, alimony, and time-sharing resulting from divorce are better resolved between the parties rather than being litigated in a courtroom. Thus, the Handbook outlines alternatives such as alternative dispute resolution (ADR), which is preferred under Florida law. Alternative dispute resolution, such as mediation, occurs when a neutral third party, who is usually a family law mediator or a circuit judge, helps a divorcing couple arrive at an agreement regarding disputed matters without involving a judge in a contested trial. Mediation, in particular, has been proven to significantly reduce litigation costs and the time needed to finalize the divorce process. After the dissolution issues have been resolved, parties often wonder how much a divorce will cost. While there are many factors that can affect the overall cost of divorce, the Florida Family Law Handbook suggests getting a detailed estimate of probable expenses from the lawyer to determine the approximate total cost. This will help individuals to make informed decisions about what course of action they want to take. The Florida Family Law Handbook provides a comprehensive overview as to how the Florida statute governs the process of divorce. Written in a way that is easily understood by the public, it serves as a useful guide to those who desire a better understanding of the general principles underlying divorce under the laws of the State of Florida.
Child Custody and Child Support
Child support guidelines are based on the premise that children should receive the same support after a divorce as if the family had not broken up. The guidelines provide that each parent should contribute to the support of a child in an amount equal to their proportional share of combined net incomes and the amount of time the child spends with each parent. Parents can deviate from the guidelines, but they must provide sufficient evidence to the court that such a departure is in the best interest of the child or children.
Florida law provides a formula for payment of child support. It includes factors such as gross income of both parents, net income of both parents, health care costs related to the child, costs for daycare and afterschool care. Additional considerations include child support for children who have special needs.
Child custody concerns the physical and legal custody of children. In most Florida family law cases, the Florida Family Law Handbook recommends that judges consider the amount of time each parent spends with the children when determining issues like which parent will get custody and what the visitation schedule will look like for non-custodial parents. The "best interests of the child" standard is what Florida law says is the primary consideration, but the law also states these factors should be considered:
•Any expressed preferences by the child, based on age and maturity.
•Which parent will most likely allow for a meaningful relationship between the children and the non-custodial parent.
•Schedules of the parent, including work schedules, as well as the school and community activities of the child.
•Particular needs of the child that may best be met by the parent seeking custody or the non-custodial parent.
•Ability and willingness of each parent to adopt the schedule and foster relationships with the other parent.
•Historical involvement by the parent with the child before the divorce proceedings.
•Proximity of the parents to each other.
•Resistance by the child toward a parent.
•Any history of domestic abuse, neglect or violence by one parent.
•Other factors to consider.
In Florida, the age at which minor children are allowed to determine the parent with whom they will spend the greatest amount of time varies by county. For example, in Miami-Dade County children are allowed to make the decision as to which parent to live with once they reach the age of 13. In Monroe County, there is no set age when children must be informed of the decision. However, by the time a child reaches 18 years of age, that child is legally able to decide without the opinions of the parents.
Parents sometimes believe that regardless of whether they are paying, child support is to be provided for however long the child is in college. However, the Florida Family Handbook makes it clear that parents are not obligated to pay for college tuition and expenses. Acquiring a college education is not necessary for the day-to-day survival of children, and therefore, should not be the responsibility of the parents who would normally provide basic support for their children.
Determining fair and equitable child support is not always clear on paper and is usually decided by the court. At times, the Florida Family Law Handbook may not provide applicable guidelines, and this is one of the reasons why a written report is usually not sufficient. In most child support cases, the parents can agree on a plan.
Spousal and Alimony Support
Florida’s alimony laws have undergone significant changes since 2013. These changes are outlined in Florida Statute 61.08, and Florida Family Law Adversory Committee Report: 2013-14.
Florida recognizes the following types of alimony: The purpose of alimony is to provide the lower earning spouse with assistance until he or she can become self-supporting. The amount and duration depend on the facts of each case, the trial court’s discretion, and application of the statutory factors.
In determining alimony, courts consider: The types and amounts of alimony awarded are largely fact-dependent. Even with recent case law that addresses when specific types of alimony are appropriate, attorneys represent clients on cases that are somewhat unique , and have not been addressed in depth by the courts. Nonetheless, Florida law provides that a judge may not award alimony if the spouses have a "net worth" (i.e., net liquid assets and all marital and non-marital assets that can be easily converted to cash) in excess of $9.62 million. A court may only award alimony to a spouse with less than $10,000.00 in monthly "needs." The judge may not award alimony if the spouse for whom such support is sought earns $750.00 or more per month. The Florida Family Law Handbook is one of the best resources on family law matters in Florida. It summarizes the relevant laws in all divorce related matters, such as child custody, property division, child support and alimony.
Legal Guidance and Support
While the Family Law Handbook is an invaluable starting point for organized and educated family law research, there are limitations to the handbook, and individuals should be aware of where to turn for additional assistance. As the name suggests, the Family Law Handbook is not a substitute for a family attorney. Its sole purpose is to organize substantive legal information for access by individuals without trial and error within the Florida Statutes and other resources. An attorney well-versed in family law is expected to understand the materials that comprise those statutes, and the handbook seeks to fill in the gaps.
If the Family Law Handbook points you in the direction of the Florida Statutes or Administrative Code, but does not contain further detail, it is up to you to go to the sources cited within the handbook. Individuals are free to use the constitution, statutes, case law, court rules, and code of ethics themselves or employ the services of any attorney of their own choosing to assist them with a specific problem.
If necessary, the circuit court in which an individual lives has a Self-Help Program, staffed by the clerk of the court. Generally, the program will have limited assistance hours per case type. Each program has different hours and days of operation. Before visiting the program, the individual should review the court website for his or her circuit, which typically lists the court locations, contact numbers, hours of operation, and the scope of services offered in the Self-Help Program.
In addition, Florida is home to a number of Family Law American Inn of Court chapters, which include members who have extensive experience with and expertise in family law. Members are invited to become cross-certified in family law by the AAML; this is one of two national organizations of fellowships of lawyers, judges, and distinguished non-lawyer affiliates who share in the goal of promoting excellence in the practice of family law. Members are invited to be included in the low income legal services directory.
If the specific information needed cannot be found in the Florida Family Law Handbook, the Florida Bar Journal and Florida Bar Family Law Section provide regular articles that touch on new and emerging legal issues and practical application of family law. Both parent resources are published by the Florida Bar and are available through the Florida Bar Publications Department.
Revisions and Amendments
To ensure that families have the most up-to-date information on Florida family law, the Florida Family Law Handbook is regularly updated to reflect legal changes and developments. Legislative changes, new case law, and shifts in societal norms all impact family law cases, and the handbook is aligned with these updates to provide families with relevant legal information. The handbook is updated with any changes in relevant laws or procedures, ensuring that families can access the latest legal standards related to divorce, custody, child support, and other family law matters. This ensures that users of the handbook will have access to the most current information available for their particular situation . In addition to legal updates, the Florida Family Law Handbook also incorporates changes in areas such as social issues, health care, retirement, alimony, and child support. These updates are crucial for families navigating the complexities of divorce and other family legal proceedings, as they reflect contemporary issues and concerns within family law. In short, the Florida Family Law Handbook is an essential family law research tool, offering the most current information on the law in Florida on all topics of family law. Families can trust that the handbook will keep them informed on the key legal issues that affect their families.