Florida is a "no fault" divorce state. Either spouse may file for a divorce in Florida without cause or specific reasons for wishing to divorce. In Florida, if you no longer want to be married because you consider the marriage to be "irretrievably broken" then you can file a petition for dissolution of marriage.

Read More: Divorcing in Florida

Equitable Distribution

In a divorce case, Florida divorce laws state that the court is required to set apart to each spouse the spouse’s non-marital assets and liabilities.  It is required to distribute marital assets and liabilities between the parties. Marital assets are material and financial gains acquired during the course of the parties’ marriage. Marital liabilities are liabilities that were acquired during the course of the parties’ marriage. The distribution of assets and debts is governed by Florida Statute 61.075.

Children / Child Support

When minor children are present, the courts are now required to order parenting classes in Florida divorces. Child support in Florida follows the “Income Shares Model.” This is based on an estimate of the amount parents might spend on their children when living together in one household. This estimated amount is then divided between both parents and is based on their respective incomes. The amount paid for the child’s health insurance and daycare, along with the total number of overnight visitations for each parent, will factor in to the total amount of child support that will be ordered by the courts. Although there are child support guidelines, the courts do have some discretion.


If you would like to speak with attorney Sanchez about how much child support you may have to pay or what you might receive in a divorce or custody case, please contact our office for a consultation. It's always best to remember that child support is used to provide the basic support for your children. Once divorced, it can become difficult to pay or collect your child support. If you find yourself in either one of these situations, contact our family law office. We can help you fight for the rights of your children, and help you file the proper petitions with the courts before you fall behind on your support payments.

Florida Child Timesharing and Parenting Plans

In Florida, it is public policy that children should have continued and frequent contact with both parents and that parents share equally in the raising and responsibilities of the children after they are divorced or otherwise separate. Many people believe that there is a 50/50 timesharing rule that applies automatically. However, the courts make no presumption for or against a father or mother when setting forth a parenting plan. In essence, the courts have full power to determine what is in the best interest of the child and can take into consideration all matters when determining timesharing and "custody" in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act.

Parenting plans help in determining the appropriate amount of child support as support is partially calculated by the number of overnight visits the children spend with the party who will be ordered to pay support. In Florida, the Judge is required to enter a parenting plan as a part of the final divorce or custody order. Most importantly, the parenting plan addresses many issues regarding custody and timesharing.

Purpose of Parenting Plans in Florida

The parenting plan will determine the number of overnight stays, as well as establishing a timesharing schedule for the parents. In general, the parenting plan sets forth the type of parental responsibility, establishes the time sharing (custody) schedule between the parties, establishes a holiday schedule and This parenting plan will also address other significant matters regarding the co-parenting of the minor child or children, such as holiday timesharing, school schedules, residency, extra-curricular activities, costs, and medical matters. Good co-parenting begins with a parenting plan that works for your family. Consulting with an experienced family law lawyer can help you get through this emotional time.

For some parents, the matters that deal with the children are the most emotional part of divorcing. If unmarried, it can be even more difficult having to "part" with your child. Remember, making sure the children spend quality time with both parents is almost always in the child's best interest. A child custody lawyer can help you with your parenting plans, so that it benefits the children as well as ensuring your rights as parents are protected. Once the final order is entered, the parenting plan must be followed. If you are being denied contact with your children, you can contact our office to consider your options including filing an enforcement or contempt order with the family courts.

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Alimony and Florida Law

In a divorce case, either spouse may claim alimony from the other party. Alimony is a form of financial support that one party seeks from the other. In Florida, there are various types of alimony that the court can award such as bridge-the-gap, rehabilitative alimony, durational alimony, or permanent in nature as well as any combination of these forms of alimony. Read more about the types of alimony that can be awarded in Florida. - FLORIDA ALIMONY FAQ'S

Attorney’s Fees and Costs

If the court determines that one party has the financial need for an award of attorney’s fees and costs and finds that the other party has the financial ability to contribute, then the court can require the contribution of attorney’s fees and costs, both during pendency of the case and at the time of the final hearing. The consideration for attorney’s fees and costs in divorce case is governed by Florida Statute 61.16.

The above information is intended as a brief, in general, overview of divorce and the issues related to a divorce that can arise in a particular divorce case. Greater detail and analysis must be given to appropriately evaluate the specific issues that exist in your particular divorce case. To obtain greater insight into the particular matters pertaining to your divorce, child custody, child support or other family law case, please contact Tampa Divorce Attorney Nilo Sanchez Jr.