Top 9 Presumptions Made by Florida Courts in Divorce Cases

Top 9 Presumptions Made by Florida Courts in Divorce Cases

Florida divorce law contains many presumptions. A presumption assumes one simple fact from the existence of another fact. Presumptions are a good way to make it easier to ascertain a fact or even to implement the state’s public procedures. Here are a few of the presumptions in Florida divorce law:

 Matrimony Presumptions
1. Florida law presumes that your union is legitimate if both parties have a ceremony and live together under a belief that they are lawfully married.

Fair Distribution Presumptions

2. Florida law presumes that assets and debts amassed during the marriage are marital and susceptible to equitable distribution.
3. Florida law also presumes that both spouses made an equal contribution towards the marriage.
4. Equitable distribution presumes a 50/50 split of assets and debt as the starting point for division.

Child-Related Presumptions

5. Kids born during a marriage are presumed to be the legitimate children of the spouses.
6. Florida legal courts are presumed to possess ongoing jurisdiction over child matters once the first decision originated from a Florida court.
7. Shared parental obligation is also assumed in Florida law.

Alimony Presumptions

8. Florida divorce law presumes that an entitlement to alimony in a long-term marriage and presumes virtually no entitlement in a short-term marriage.
9. Once ordered, Florida law presumes an ability to pay for support amounts directed by the court.


Family law issues can become extremely complex.  Securing strong legal representation from an attorney who knows Florida divorce law is the first step toward the outcome you deserve.  If you are concerned about what will happen to your children, the future of your home and other assets, or the overall costs of divorce, please schedule an initial consultation with experienced family law attorney.

Florida Divorce Law: Child Support

Florida Divorce Law: Child Support

FLORIDA CHILD SUPPORT

You and your spouse each have a responsibility to sup­port your children in accordance with their needs and your financial abilities. Child support may be by direct payment or by indirect benefits, such as mortgage payments, insurance, or payment of medical and dental expenses. Ordinarily the obligation to support your child ends when that child reaches age 18, marries, is emancipated, joins the armed forces, or dies.

Some of the issues concerning child support which must be considered include: (a) the amount of support; (b) the method of payment; (c) ways to assure payments are made; (d) when child support may be increased or de­creased; and (e) who claims the dependency deduction for tax purposes. Other questions may need to be answered,depending on the circumstances of your case. Guidelines for the amount of support apply to all cases and are based on the income of the parents and the number of children with adjustments for substantial overnight contact.

If you have a problem getting support payments from your spouse or former spouse, or the time-sharing plan is not being followed, you should bring this matter to the attention of the court. It is not legal to withhold visitation or child support payments because either parent fails to pay court ordered child support or violates the time-sharing schedule in the parenting plan.

Family law issues can become extremely complex.  Securing strong legal representation from an attorney who knows Florida divorce law is the first step toward the outcome you deserve.  If you are concerned about what will happen to your children, the future of your home and other assets, or the overall costs of divorce, please schedule an initial consultation with experienced family law attorney.

Florida Divorce Law: Filing a Case in Family Court

Florida Divorce Law: Filing a Case in Family Court

Filing a case. A case begins with the filing of a petition. A petition is a written request to the court for some type of legal action. The person who originally asks for legal action is called the petitioner and remains the petitioner throughout the case.

A petition is given to the clerk of the circuit court, whose office is usually located in the county courthouse or a branch of the county courthouse. A case number is assigned and an official court file is opened.  Delivering the petition to the clerk office is called filing a case.  A filing fee is usually required. (more…)

Florida Divorce Law: Communication with the Family Court

Florida Divorce Law: Communication with the Family Court

Ex parte communication is communication with the judge with only one party present. Judges are not allowed to engage in ex parte communication except in very limited circumstances, so, absent specific authorization to the contrary, you should not try to speak with or write to the judge in your case unless the other party is present or has been properly notified. If you have something you need to tell the judge, you must ask for a hearing and give notice to the other party or file a written statement in the court file and send a copy of the written statement to the other party.

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