“Dissolution of Marriage” is the official term for divorce in Florida. Because every family is unique, every dissolution is unique. While one couple may possess a number of assets or liabilities that require distribution, another couple may have children and child support must be determined before the divorce is finalized.

Prenuptial Agreements are contracts that are drafted, negotiated and agreed upon before a couple marries. Prenuptial Agreements should specify how the division of assets and liabilities are handled both during and after marriage (whether the marriage ended by divorce or death). Prenuptial Agreements should also address the issue of alimony or spousal support.

Postnuptial Agreements are contracts that are drafted, negotiated and agreed upon after a couple marries. Postnuptial Agreements should specify how the division of assets and liabilities are handled both during and after marriage (whether the marriage ended by divorce or death). Postnuptial Agreements should also address the issue of alimony or spousal support.

Cohabitation Agreements are contracts that are drafted, negotiated and agreed upon between a couple who chooses to live together. Anya is a published author regarding this practice area, having written An Analysis of the Times: An Importance of Cohabitation Agreements to Address the Rising Trend Toward Cohabitation Over Marriage in the Florida Family Law Section Commentator, Summer 2016 publication.

There are various types of alimony in Florida. Whether alimony may be awarded and what type of alimony may be awarded vary according to each couple’s unique circumstances. Florida courts take a number of circumstances into consideration when deciding upon a spouse’s alimony request including:

• The couple’s standard of living

• The length of the marriage

• Age, physical and emotional condition of the respective spouses

• Each spouse’s financial situation and ability to produce income

• Services provided by the respective spouses to the marriage, such as child

rearing and running the household full time Alimony can be awarded to either spouse: a Husband or a Wife. In cases where one former spouse refuses to pay court-ordered alimony, appropriate court action is required to enforce the obligation.

A former spouse may also seek to modify the current support obligation to accurately reflect the parties’ current financial situation. For instance, Florida statute provides that a court may reduce or terminate an alimony award upon a finding that a supportive relationship exists between the person receiving the support and a person with whom the recipient spouse resides.

Equitable distribution is a legal term for the division of marital assets, property and liabilities between the divorcing spouses. At times, equitable distribution may even be required for property that was acquired prior to the spouse’s marriage such as a home, retirement account or business interest.

In Florida, “parental responsibility” and “time sharing” have replaced the term “custody.” Parental responsibility and time sharing are determined after a consideration of what is in the best interests of the children. A parenting plan, which sets forth time sharing arrangements, means of communication, and decision-making responsibility, must be established. Parenting plans may be modified where there is a substantial change in circumstance and it is in the child’s best interest to implement the modification.

Child support is based upon calculations pursuant to the Child Support Guidelines. Although there are a number of other variables considered, three critical components include:

1. The income and earning potential of each parent.

2. Child-care and health-related costs.

3. The needs of the child.

In cases where one parent refuses to pay court-ordered child support, appropriate court action is required to enforce the paying parent’s obligation.

Parent’s may also seek to modify the current child support obligation to accurately reflect the parent’s current situation.

A relocation action refers to a parent’s request that a child’s principal address change to a residence that is more than 50 miles away from the child’s current address. When the parents do not agree to the relocation, there are strict statutory requirements that must be fulfilled for a court to consider such a request. Factors that a court will consider include a parent’s reason for moving, the economic circumstances of each parent, the impact on the child, the child’s preferences and the relocating parents willingness to maintain the other parent’s relationship with the child.

The filing of a paternity action is one that typically requests that the court determine the legal father of a child or children. Issues of child support, parental responsibility and the establishment of a parenting plan and time sharing schedule require a resolution after paternity has been determined. In Florida, the paternity of a child may be established through a marriage, an acknowledgment of paternity, an administrative order via genetic testing, court order or legitimization.

The procedure of disestablishment of paternity refers to a court declaring that a father is not the legal father of a child and consequently determining that the individual does not have any obligation to continue paying child support for the child. It is important to note the distinction between a “biological father” and a “legal father.” A “biological father” refers to an individual who physically fathered the child. A “legal father” is an individual who has the rights and responsibilities to the child. A “legal father” is the individual who has an obligation to financially support and provide for the child’s needs. A legal father who wishes to disestablish paternity and terminate an existing child support obligation must meet strict Florida statutory requirements in order to do so.

Florida law permits step-parents to adopt their step-children so long as certain procedural steps are required. The court will require that the mother, and in some cases, the father, have provided consent. Otherwise, the person seeking the adoption must show that consent is not necessary, such as when a biological parent has terminated their parental rights.

Once the court enters an order approving of an adoption, the parent who is not involved in the adoption process will have their parental rights terminated (if their rights have not been previously terminated). This would result in a termination of child support orders, in addition to that parent no longer being legally entitled to share time with the child or make childrearing decisions.

Step-parent adoption can also have legal consequences as well. For instance, if the step-parent divorces their current spouse, the step-parent can still be held responsible for child support for the adopted child, even if the child is not his or her biological child.

An act of domestic violence occurs when a spouse, former spouse, relative by blood or marriage, or a parent of a common child, places a person in imminent threat of physical or bodily harm, or the physical or bodily harm has already occurred. An injunction is sought when one seeks protection from allegations of domestic violence. The alleged assailant is entitled to proper notice and an evidentiary hearing to dispute the domestic violence allegations.