Arnelle Strand, P.A.

GENERAL INFORMATION ABOUT FAMILY LAW:  OVERVIEW (AND WORDS OF CAUTION)

In Florida, the term family law typically refers to the following types of actions:

Dissolution of Marriage • Divorce • Annulment • Custody • Paternity • Child Support •  Domestic Violence and Injunctions  • Step-Parent Adoptions  • Adoptions • Actions to Terminate Parental Rights • Actions to Obtain Temporary Custody by Extended Family Members (grandparents, aunts, uncles, etc.)

The laws in Florida are set forth in Florida Statutes.  These are what lawyers refer to as “Black Letter” laws—in other words, they set forth the basic terms of the law.  These statutes are available online through Florida Sunshine and various other websites.   Florida’s Dissolution of Marriage and Custody statutes are set forth in Chapter 61 of the Florida Statutes.   Please take heed when reading these statutes because they are a complicated web of interrelated laws, usually set forth in the same chapter.  It is quite easy to overlook a statute that may apply to your case in addition to the one you are reading.

In addition to the possibility of multiple statutes applying to your case, there is also what we refer to as “case law,” which determines how the statute might be applied to your specific case.  Case law is a body of judicial opinions from each of the 20 districts in the State of Florida, the Supreme Court and perhaps even federal judicial bodies in which the law is applied to certain factual scenarios.   Each district in Florida may apply the law differently and so it is important to know how your specific district has applied the law in each case.  It is complicated to research case law and lawyers spend much of law school and their entire careers mired in reviewing these decisions and arguing how they should or should not apply to their client’s cases.

If your case requires application of complicated legal issues, it is wise to obtain counsel.  While paralegals and other service providers may be able to provide a more cost efficient solution at the outset, often mistakes made at the outset result in the necessity of incurring substantial legal fees to correct them.   Today, with competition and the technological ability to provide fast and efficient services, legal fees can often be kept at a minimum and provide the level of advice and protection your case requires.   Family law is a complicated area of the law and usually involves making decisions about the most important people in your life, as well as the distribution of your savings, residence, and other assets.  You should always consult with a family law attorney to discuss your rights and obligations before taking any action. 

Below you will find a very brief overview of the “basics” of Dissolution of Marriage, which in common parlance refers to “Divorce.” Please note that the information set forth below is general and should not be exclusively relied upon.  Again, the circumstances of your individual and specific case determine how the laws may apply to you, so please take heed. 

OVERVIEW OF DISSOLUTION OF MARRIAGE ACTIONS IN FLORIDA

In order to obtain a Dissolution of Marriage in the State of Florida, the marriage must be found to be irretrievably broken.  In Florida, no other reason (i.e. adultery, abandonment, etc.) is required in order to request a Dissolution of Marriage.

In addition to the marriage being irretrievably broken, at least one of the parties must have resided in the State of Florida for at least six (6) months prior to filing the Petition For Dissolution of Marriage.  This six month period of residence is referred to as jurisdiction and is a prerequisite to maintaining an Action for Dissolution of Marriage in Florida.

Provided these first two (2) criteria are met, the Court thereafter has authority to divide assets and liabilities, determine custody and visitation issues, determine child support obligations, determine whether alimony is appropriate, and determine whether one party should contribute toward or pay for the other party’s attorney fees and/or costs.  If the parties do not, however, believe that the marriage is irretrievably broken or do not meet the six month jurisdictional requirement, they cannot obtain a Dissolution of Marriage in Florida.